Spousal waiver fraud question on ERISA protected ret plan

My husband asked me to sign a spousal waiver of my rights on a ERISA protected retirement plan so he could withdraw 65,000 dollars for what he said was to pay off some credit card debt.
Husband is over 59 1/2. At first he wanted me to sign the form with all blanks and I refused.

He agreed to have the funds deposited in a joint checking account so that we both could articipate in paying the debts off in a timely manner. He then filled out the form completely with the section for disbursement of the funds to our joint account. I verified the account number before I signed the form and had my signature notarized by a notary at the bank.

I then turned the four page form over to husband to submit to his employers plan admin office. After the form had been filled out, signed by me and my signature notarized, my husband without my knowledge altered and summarily changed the form and substituted the deposit instructions page with another one indicating to have the $65,000 dollars deposited to an account I had no knowledge of or access to.

Doesn’t this constitute fraud?

Can he alter and change the document after I sign it, when it is saying one thing to keep the money from my access? What can I do?

Please help!

Thanks in advance,

Donna



It is obviously fraud. You need to see an attorney once you decide that you are ready to assume the risks to your marriage and potential marital property settlement. The following link also could serve as an indication that it is very difficult to go after the plan adminstrator for failure to detect the fraud.

http://www.plansponsor.com/401k_Participant_at_Fault_in_Account_Withdraw



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