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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88665
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am disabled with PTSd,my father worked for amtrak he died

Resolved Question:

I am disabled with PTSd,my father worked for amtrak he died in 2004,im his oldest child,he wasn't married at the time he died,he was 58 yrs old,im 48 yrs old it was 9 yrs ago ,can i claim his pension,how do i get the process started ,ive been waiting on an answer for a while ,can someone please get back to me asap my confirmation number is XXXXX

Submitted: 10 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Whether or not you can claim his pension depends on whether or not he left you as a named beneficiary of that pension plan. If he did not leave you as a named beneficiary, then it is possible the pension goes to his estate and will be distributed to all of his heirs. You would need to first contact the plan administrator at Amtrak to see about the plan description of his plan and whether or not he left any beneficiaries on his pension. If he did then that beneficiary gets his pension. If he did not then under IL law you must hire an attorney because you are the oldest child meaning there are multiple heirs and you must open his estate for probate to get the pension included to distribute to all of the heirs.

As far as his SS benefits, unless you were disabled before 20, you are not entitled as an heir or even oldest child to any benefits from his SS pension, but it is possible you are entitled to benefits from his Amtrak pension and that i who you need to contact first.



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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88665
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 10 months ago.

very satisfied

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you very much.

Please do not forget to click on excellent service feedback so the expert gets credit for you being very satisfied. Thank you again.

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