Understanding the Right to Claim AFORE Funds
Families often wonder if there’s a legal time limit to claim funds from a deceased relative’s AFORE account. According to Profedet, both the Social Security Law and the Retirement Savings Systems Law recognize that the right to receive these funds is imprescriptible, meaning it’s a human right linked to social security, and the resources come directly from the deceased worker’s labor during their lifetime.
Concubinage Cases
If someone isn’t legally recognized as a beneficiary but lived in concubinage with or financially depended on the deceased worker, they can request the refund through a lawsuit for beneficiary designation and contribution return in front of the labor court. If any family member is entitled to a pension, it’s granted first, and if funds remain in the individual account, they’re returned to the designated beneficiary.
- The process starts with filing a lawsuit, followed by written, oral, and sentencing phases.
- Profedet can represent interested parties free of charge and provide legal assistance throughout the process.
New Opportunities Following SCJN Ruling
Recently, the Supreme Court of Justice of the Nation (SCJN) issued a ruling allowing descendants over 18 —children, daughters, grandchildren, or granddaughters— to claim AFORE funds from a deceased person, even without proving economic dependence.
The SCJN’s criterion states that proving dependence is only necessary to determine preference among beneficiaries, not excluding descendants from accessing these resources.
Key Questions and Answers
- Is there a time limit to claim AFORE funds from a deceased relative? No, according to Profedet and relevant laws, the right to claim these funds is imprescriptible.
- What if I lived with the deceased in concubinage but wasn’t legally recognized as a beneficiary? You can still claim the funds through a lawsuit for beneficiary designation and contribution return in front of the labor court.
- How does the recent SCJN ruling affect my ability to claim AFORE funds? The new ruling allows descendants over 18 to claim AFORE funds from a deceased person, even without proving economic dependence.
For further inquiries, contact [email protected].
