How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TexLaw Your Own Question
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

My mother and her husband recieved retirement benefits from

Resolved Question:

My mother and her husband recieved retirement benefits from a company that he worked at for 25 years. They received benefits for 3 to 4 years before the company noticed a mistake of the amount being paid out to be more than what he should have gotten. This all happened within the past 6 months and since then my mothers husband has passed away. She now is getting letters stating she needs to pay the company back the money which they paid him over for 3 years which is a sum of over 50,000. They do not own a home nor does she have the money to pay back the amount. Do they have anything to stand on and is she responsible for the mistake that they have made. They do admit to making the mistake in a letter. She lives in the GA area and her husband pulled benefits from PA.
Submitted: 7 years ago.
Category: Legal
Expert:  TexLaw replied 7 years ago.

Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.

I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

Generally, the law provides that Employee Retirement Benefits company's may assert a claim for reimbursement for overpayment of benefits from beneficiary's such as your mother, even though such overpayment was made through no fault of hers. Unfortunately, what the courts have decided is that the Company can sue and then assert a lien over any qualified fund of money that your mother has or an income stream, in some cases this can even apply to social security benefits. So, my best advice is that your mother needs to obtain a defense attorney who specializes in ERISA law, as she will likely need some detailed advice on what to do.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.

TexLaw and 2 other Legal Specialists are ready to help you

Related Legal Questions