Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My late husband who passed away in January 2013 before he…

My late husband who...

My late husband who passed away in January 2013 before he retired was a reporter for the Indy Star. After he passed away I only received his Social Security. I was talking with my cousin today and she said I should have received his pension after he passed. I was told my husband that the Star does not pay the pension to the spouse after he would pass away. Is this true or have I been operating under the wrong assumption all this time?

Lawyer's Assistant: Have you documented this or discussed it with HR?

Discussed it with who?

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

His employment was full time not union nor part time.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of at the moment. Is there a charge for this?

Lawyer's Assistant: You just pay a $5 deposit now and the rest only when you get a reply from the Employment Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.

I understand the deposit but I am concerned about the cost of the rest right now.

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 minutes by:
2/14/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,621
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately, the answer to your question here is not universal. By that, I mean that it depends entirely on the pension that he had, how it was contracted out and paid for, etc. Some pensions have a beneficiary option built in, and you can leave your pension to a next of kin. Some pensions only have that option if you buy into the beneficiary/survivor plan and others have nothing like that at all, and are intended to end with the death of the pensioner.

This is something that you would have to explore with the pension holder itself, looking to see if it had a beneficiary program and, if so, who was named as the beneficiary (because it doesn't always have to be the spouse, though usually it is).

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,621
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now

I see that you rated my service as three stars. Was there something about your question that I didn't answer?

While I understand that it is not an exact answer, that is not possible here, as I don't have your husband's contract that he had with his employer. The only way for you anyone to know the answer to your question is to review that contract.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,621
20,621 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,621 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
My husband had to leave his job on disability/social
Hello Pearl. My husband had to leave his job on disability/social security before he could officially retire. Before he left, he was out on workmen's compensation for almost a full year. He was just n… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,366 satisfied customers
My husband passed away in 2010. He work for a company for 17
My husband passed away in 2010. He work for a company for 17 year it was union! I just found the paper that he send for but he never filed! It's was his first job. He was in title to a pension. Not su… read more
Ray
Ray
Lawyer
Doctoral Degree
33,726 satisfied customers
My husband passed away in July of 2015. He retired from the
my husband passed away in July of 2015. He retired from the Post office. He was receiving his pension from the post office at the time of his death. I received some life insurance from that but when I… read more
Ray
Ray
Lawyer
Doctoral Degree
33,726 satisfied customers
My husband is short 6 months of work to receive his pension
My husband is short 6 months of work to receive his pension from IBEW … read more
Ray
Ray
Lawyer
Doctoral Degree
33,726 satisfied customers
My husband was on Medicaid in the nursing home, He had a
My husband was on Medicaid in the nursing home, He had a pension which was reported and they used the legal amount of it to give to the nursing home. Now he died, and I am wondering if I will lose his… read more
Ray
Ray
Lawyer
Doctoral Degree
33,726 satisfied customers
If a person was receiving a settlement from a pension from
if a person was receiving a settlement from a pension from their ex spouse and the person passes away does the pension go back to the person who earned it or can the person who passed away will it to … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If my husband in jail will he still collect cal strs. We
If my husband in jail will he still collect cal strs. We have it set up so that if either of us dies the other collects checks. … read more
Ray
Ray
Lawyer
Doctoral Degree
33,726 satisfied customers
My Husband passed away on 1011/16. His pension stop. He
My Husband passed away on 1011/16. His pension stop. He never elected a beneficiary. He went out in 1994 from Local 22. We did not get married until 7/11/97. I was put on his death benefits from the u… read more
Ray
Ray
Lawyer
Doctoral Degree
33,726 satisfied customers
My husband recently passed away. He left me as his
My husband recently passed away. He left me as his beneficiary on his life insurance through is employer. His ex-wife filed a claim in the names of the children because their divorce decree said he ha… read more
Ray
Ray
Lawyer
Doctoral Degree
33,726 satisfied customers
Years ago in my divorce agreement, I was awarded 50% of my
Years ago in my divorce agreement, I was awarded 50% of my ex husband's pension with the Teamsters once he retired. He has retired now and began receiving benefits in January, 2013. I was never notifi… read more
Ray
Ray
Lawyer
Doctoral Degree
33,726 satisfied customers
My husband passed away before he retired. His company is offering
My husband passed away before he retired. His company is offering me 50% of his vested pension because he died before retiring and did not have a chance to make an election. Do I have any recourse to … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
My wife's late husband was an iron worker. He died almost 20
My wife's late husband was an iron worker. He died almost 20 years ago. My wife is od disability. Her late husband would have reached retirement age a few years ago. Is she entitled to any of his pens… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
Hi, my husbands father passed away. He just went into retirement
Hi, my husbands father passed away. He just went into retirement in July - he was 66. He had not collected any pension monies as of yet. He was with SEIU (i have to get back to you on the local #). He… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
My husband and I have been married for 2 years now, it is the
My husband and I have been married for 2 years now, it is the second marriage for both of us. I was widowed and he was divorced. We did not have a prenuptial agreement. It is my understanding that I g… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I need to know why I can not receive my deceased husbands pension.
I need to know why I can not receive my deceased husbands pension. My husband passed away in Sept 2008, he was retired from the carpentures union in Minnesota. Larry an I were married in November 2008… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I am a 53 year old, recently approved ( as of Nov. 2010) disabilty
I am a 53 year old, recently approved ( as of Nov. 2010) disabilty retiree. My early retirement (due to disability) benefits are from the Teacher Retirement System. I was a public school teacher in Te… read more
Ray
Ray
Lawyer
Doctoral Degree
33,726 satisfied customers
I have a question and do not know if this is the right place
I have a question and do not know if this is the right place to start. My husband was a nyc police officer back in 1994 he retired after 22 yrs of service,when we went to complete the paper work for h… read more
socrateaser
socrateaser
1,452 satisfied customers
There was a 27 year employment for my dad at a steel corporation.I
There was a 27 year employment for my dad at a steel corporation.I wanted a pension for my mom and indeed started inquirng on years after my dad passed away. The pension board at his company did merge… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x