Wife Refuses To Transfer Investments: What Now?

what if wife refuses to transfer investments to fidelity

If your wife refuses to transfer investments to Fidelity, there may be several reasons for this. Firstly, transferring investments can be a complex process, and your wife may not be comfortable with the steps involved. It is important to understand the specific types of assets and the associated costs and taxes to ensure a fair and equitable agreement. Additionally, there may be emotional attachments to certain assets, especially if the investments are tied to a family home or retirement plans. In the case of retirement accounts, a court-issued document called a Qualified Domestic Relations Order (QDRO) is required to split them. Another potential issue is the compatibility of accounts. Fidelity requires specific documentation and conditions to be met for successful transfers, and your wife may be concerned about meeting these requirements. Furthermore, there could be technical challenges, such as differences in account naming or ownership details, which can complicate the linking process. It is also worth considering if there are any potential tax implications or fees associated with the transfer that your wife wants to avoid. Lastly, your wife's refusal could be due to a simple matter of preference or trust in the current investment platform.

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If the wife's refusal is due to a divorce, a court-issued document called a qualified domestic relations order (QDRO) is required to split a workplace retirement plan

If a wife's refusal to transfer investments to Fidelity is due to a divorce, a court-issued document called a qualified domestic relations order (QDRO) is required to split a workplace retirement plan. A QDRO is a legal document that recognises that a spouse, former spouse, child, or dependent is entitled to receive a predefined portion of the account owner's retirement plan assets. It is typically used in divorce agreements to ensure that assets in a qualified retirement plan are divided fairly.

To be valid, a QDRO must contain specific information, including the name and last known mailing address of the plan participant and each payee, the name of each plan to which the order applies, the dollar amount or percentage of the benefit to be paid, and the number of payments or time period to which the order applies. It's important to note that a QDRO cannot award an amount or form of benefit that is not available under the participant's specific retirement plan.

Once the QDRO is obtained, the distribution of retirement plan assets can be made. There are several options for how these assets can be paid out, including receiving a lump sum, instalment payments, or transferring the funds to another retirement account. While taxes must be paid on money from a QDRO, the former spouse is responsible for any taxes due. Alternatively, they can roll over the assets received, similar to an employee rolling over a distribution into another retirement account.

In the case of a divorce or custody issue, a family court judge may issue a QDRO for a dependent. It's worth noting that a QDRO is only valid for retirement plans covered by the Employee Retirement Income Security Act (ERISA), which includes qualified plans like 401(k)s but not IRAs.

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The wife's refusal may be due to the fact that the external account is not titled in the same way as the Fidelity account

If your wife is refusing to transfer her investments to Fidelity, it may be due to the external account not being titled in the same way as the Fidelity account. This is a common issue that can often be resolved by taking the appropriate steps. Here are some detailed instructions to help you navigate this situation:

Firstly, it is important to understand the requirements for linking external accounts to Fidelity. In most cases, the external account needs to be titled in the same way as the Fidelity account for the link to be established successfully. This means that the names on both accounts should match, including any trustees or beneficiaries. If your wife's external account is titled differently, this could be the reason for her refusal.

To resolve this issue, your wife can take the following steps:

  • Gather the necessary documentation: Ensure that you have all the required documents, such as a trust document, a fidelity statement that includes the trust, an external bank statement, and a driver's license or passport for identification.
  • Visit a Fidelity office: Schedule an appointment or walk into a Fidelity office with the account trustee and all the necessary documentation. Having the trustee present is crucial for this process.
  • Provide identification and account information: During your visit to the Fidelity office, provide identification for all account owners and detailed information about the external bank account, including account numbers and routing numbers.
  • Follow Fidelity's guidance: Work closely with the Fidelity representatives to guide you through the process of linking the external account. They will provide specific instructions and requirements based on your situation.
  • Complete any necessary forms: Fidelity may require you to fill out specific forms, such as an Electronic Funds Transfer (EFT) form or a Transfer of Assets (TOA) form. Carefully review and complete all the necessary paperwork.
  • Submit the required documentation: Submit all the completed forms, voided checks, and any other requested documentation to Fidelity. They will process your request and guide you through the next steps.
  • Wait for processing: Most transfers to Fidelity take around 3-5 business days to complete, but some requests may take longer. Track the status of your transfer request through your online account or by contacting Fidelity's customer support.

By following these steps, your wife can facilitate the transfer of her investments to Fidelity, even if the external account is not titled in the same way. It is important to provide accurate information and work closely with Fidelity representatives to ensure a smooth and secure transfer process.

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The wife may be the sole trustee of the family trust, and thus, the only person who can make changes to the account

If the wife is the sole trustee of the family trust, she is the only person who can make changes to the account. In this case, she would need to be present to make any changes to the account, including linking it to a bank account.

To link a bank account to a Fidelity account, the account trustee will need to provide the following:

  • All external bank account identification
  • Trust document
  • Fidelity statement that includes the trust
  • External bank statement
  • Check
  • Driver's license or other government-issued ID

If the wife, as the sole trustee, is unable or unwilling to provide this information and make the necessary changes, there are a few potential workarounds. One option is to open a new bank account with the required name and link it to the Fidelity account. Another option is to have Fidelity send a paper check to the bank, which can then be deposited using a mobile app.

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The wife's refusal could be due to concerns about the impact of taxes on the transferred investments

A wife's refusal to transfer investments to Fidelity could be due to several reasons, one of which may be concerns about the impact of taxes on the transferred assets. When it comes to taxable investments, it's important to consider the taxes that will be owed on any gains made. This can impact the overall value of the investment and, consequently, the amount that will be transferred.

In general, when dividing investments, couples have two main options: they can choose to sell investments and split the proceeds, or they can split the investment holdings themselves. Selling investments may trigger tax consequences, whereas splitting the holdings may allow for a more equitable division, especially if the cost basis is divided equally.

Additionally, the type of retirement account being transferred can impact the tax implications. For example, in a traditional retirement account, contributions are typically made before taxes, resulting in a tax deduction for the amount contributed. On the other hand, contributions to a Roth account are made after taxes, but withdrawals in retirement are not taxed. Thus, the same amount of money in a Roth account is worth more than in a traditional retirement account due to the different tax treatments.

Furthermore, certain types of accounts, such as workplace retirement plans like 401(k)s or 403(b)s, may require a court-issued document called a Qualified Domestic Relations Order (QDRO) to be divided. This adds an extra layer of complexity and potential costs.

Another consideration is the potential fees associated with transferring assets. While Fidelity does not charge a fee to move assets from another institution, the current firm may impose transfer fees. Additionally, there may be taxes associated with the transfer, depending on the specific circumstances.

Therefore, it is essential to carefully evaluate the tax implications and potential fees involved in transferring investments to Fidelity to make an informed decision. These factors may influence the wife's decision to refuse the transfer, especially if she believes the impact of taxes and fees will significantly reduce the value of the transferred assets.

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The wife may be concerned about the time it will take to transfer the investments, as it typically takes 3-5 business days, but some requests may take longer

If your wife is concerned about the time it will take to transfer investments to Fidelity, it's important to note that the duration can vary depending on the type of account and the specific circumstances. Here are some details to consider:

Typically, a transfer of assets (TOA) to Fidelity takes around 3-5 business days to complete. This includes transferring various types of accounts such as investment or retirement accounts, workplace accounts like 401(k) or 403(b), and cash from checking or savings accounts. However, it's important to remember that some requests may take longer, depending on the specific situation.

When initiating a TOA, there are a few steps involved. First, you submit your transfer request to Fidelity. Then, Fidelity provides your request directly to your current firm. After that, your firm processes the request and sends your assets to Fidelity. Finally, your assets are deposited into your Fidelity account.

It's worth noting that certain factors can influence the transfer time. For example, if your current firm accepts electronic requests, the transfer will usually take around 5 days to process. On the other hand, if the transfer request has to be mailed to your current firm, it may take up to 2-4 weeks to complete. Additionally, the type of transfer and your current firm can impact the exact timeframe.

In the case of electronic funds transfers (EFT) specifically, there are eligibility requirements that must be met. For non-retirement accounts, you need to have an existing account relationship with Fidelity Brokerage Services LLC (FBS) or an account serviced by Fidelity Service Company Inc. (FSC) for at least the prior six months. Additionally, you must have maintained a minimum aggregated balance across specific account types. For traditional, rollover, and Roth IRAs, you must be an existing customer without certain account restrictions.

When it comes to the actual transfer process for EFT, there are different timelines for brokerage and mutual fund accounts. For brokerage accounts, after the establishment process, you can use EFT to immediately transfer money to Fidelity for purchases, but withdrawals typically take 4-6 business days. For mutual fund accounts, EFT allows you to transfer cash from your bank account to buy mutual fund shares or transfer proceeds from selling shares to your bank, but there is a similar 4-6 business day wait for withdrawals.

While these are typical timelines, it's always a good idea to check with Fidelity directly, as there may be specific circumstances that could impact the transfer duration.

Frequently asked questions

If you have a joint account, you can transfer all or part of it to Fidelity. You will need to provide the Social Security number (SSN) and/or taxpayer identification number (TIN) of all account owners, as well as their date of birth, email, mobile number, and address.

In the case of a divorce, you will need to provide a court-issued document called a qualified domestic relations order (QDRO) to split a workplace retirement plan such as a 401(k) or 403(b). You will also need to submit a "transfer incident to divorce" form and a copy of the divorce decree.

If your wife is the sole owner of the account, she will need to initiate the transfer process. She can do this by submitting a request to Fidelity and providing relevant account information.

If your wife's account is in a trust, you may need to provide additional documentation, such as a trust certificate and a photocopy of the trust document. It is important to ensure that the account information matches the information on the trust document.

If your wife refuses to transfer her investments to Fidelity, you may need to seek legal advice or consider alternative options. It is important to respect your wife's decision and not attempt to transfer the investments without her consent.

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