HSA Account Balance Released to Wrong Party

[Mothrog]

My question involves estate proceedings in the state of: Ohio

My father recently passed away and had an HSA account with a substantial balance. My mother contacted the company and stated her wish to continue the HSA account under her name, but they refused to identify the primary beneficiary and simply stated that the appropriate forms would be sent per the wishes they had on file from my father.

A week later, the account was closed and I received a check for half the balance of the account. I have a brother, but he never received a check for the remaining balance of the account, but has had several address changes in the past few years. My brother and I both contacted the company, and they again refused to release information regrading who the primary beneficiary or beneficiaries of the account are, or what address they might have sent the check to. They also told us that we would have to make such a request in writing, but refused to tell us who would have to make the request.

My father had set up every other account or asset to pass to my mother on his death, so I doubt that I or my brother were primary beneficiaries on the account. Are there any laws regarding the establishment of beneficiaries in the state of Ohio which would require extra steps were the wife of a decedent not the beneficiary of the HSA? Also, who would have to request the information regarding who the primary beneficiaries? What remedy do we have if the check for the remaining balance of the account never appears, or is fraudulent cashed by someone other than my brother?

[Mr. Knowitall]

They didn't pull your names and addresses out of thin air. I expect that, despite your doubts, you and your brother were the beneficiaries.

Should we infer that the estate is not being probated? (That's not unusual for a married couple with pretty much everything either jointly owned or passing by beneficiary.) If there were a probate estate the administrator could act on behalf of the estate.

If there is nobody in the capacity of an administrator, as your brother is apparently the person whose check is missing he could try writing to them per their instructions. If he believes that they issued a check to him that was lost somewhere, several moves behind his current address, he can also try asking that they cancel the check and reissue payment.

Is the company located (or does it have offices) in the same state? Near you?

[jsmith281]

OR,
did your father leave any paperwork behind e.g.HSA application form or confirmation letter from the company ?
Yes,Knowitall is right,if your brother writes a letter saying he has not received his check,and ask them to look into it,he will find out if his name is on their record as one of the beneficiaries!