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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 41555
Experience:  30 years in Employment law
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My mother-in-law passed away the end of December last year.

Customer Question

My mother-in-law passed away the end of December last year. We notified her pension plan but they kept sending the payments. We would call them and they would take it back out. But, then they would put it in again the following month. We gave up after a few months of this and one payment still remained. Eventually my husband disbursed all the money, including the payment, to his mother's heirs. Now, over six months after her death, they are requesting the funds be returned. What does the law say on this subject?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ray replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
I would write the pension plan telling them that the funds were legally disbursed to the heirs here and that there is no funds or means to recover them.Tell them the estate is now insolvent and closed.
I don't see them being able to collect these funds if they are no longer there.You just are being honest with them and this was likely a voluntary request.They likely close out their files.
I don't see that there is any liability or means to get at these funds if there is no estate remaining or assets.Ask them to close out their files as it is not collectible.
I hope that this would close out the matter.Again there are no funds here to collect from or an estate either.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 2 years ago.
I think you have given them enough notice here that she was dead and that the estate has been closed and there are no funds.That should do it since this is probably a voluntary request.
Make sure you keep copies of your letters in case it come up again.
Thanks again for the chance to help.
If you can leave a positive rating it is always much appreciated.