Understanding Afore and Beneficiary Rights
When a working individual passes away, the accumulated resources in their individual Afore account do not disappear; instead, they can be claimed by the beneficiaries according to Mexican laws.
Who are the Eligible Beneficiaries?
- Legal beneficiaries: These are determined by law, including the spouse, minor children or those meeting dependency requirements, and other dependent ascendants.
- Designated beneficiaries: These are individuals the account holder has registered with the Afore.
If there are no legal or designated beneficiaries, one can seek recognition of a substitute beneficiary through labor courts.
Claiming the Afore Savings
To claim the savings, you must visit:
- IMSS or ISSSTE (if applicable); request the issuance of a Pension Resolution due to Death or another document that proves your right as a beneficiary at the corresponding delegation.
This step is crucial to officially establish your status as a beneficiary before the Afore.
Required Documents and Process
After obtaining the necessary document, present the required papers and fill out the resources disposition form to receive the payment of the deceased’s account savings.
Key Questions and Answers
- What happens to the Afore savings when someone passes away? The accumulated resources in the deceased’s individual Afore account do not disappear; they can be claimed by eligible beneficiaries.
- Who are the legal beneficiaries? Legal beneficiaries include spouses, minor children, and dependent ascendants as determined by Mexican law.
- What if there are no legal or designated beneficiaries? One can seek recognition of a substitute beneficiary through labor courts.
- Where do I go to claim the Afore savings? Visit IMSS or ISSSTE (if applicable) and request a Pension Resolution due to Death or another document proving your right as a beneficiary.
- What documents do I need to claim the savings? After obtaining the necessary document, present the required papers and fill out the resources disposition form to receive the payment of the deceased’s account savings.