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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116780
Experience:  20+ Years of Employment Law Experience
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My father and stepmother died 4 days apart. All siblings are

Customer Question

My father and stepmother died 4 days apart. All siblings are grown. Are we entitled to ate pension funds that are left?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Whether or not you are entitled to any remaining pension depends on the option selected at retirement by your father and whether or not he named beneficiaries to his pension plan beyond your stepmother. If no secondary beneficiaries are named, then the heirs would not be eligible for anything remaining on his pension if it is a pension plan. If it was a 401K or similar plan, then whatever is remaining goes into his estate for distribution to the heirs. So your first step is contacting the pension plan administrator to determine what type of pension plan it was and whether or not beneficiaries were named to determine if it goes to his estate or to beneficiaries or if the payments simply end. Again, this depends on the actual type of pension plan he had and the plan description.