Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My father worked for J C Penney and when he retired from…

Customer Question
My father worked for...

My father worked for J C Penney and when he retired from them he set up his pension so that my mother would get half upon his death. She died first and he died on Feb 6, 2018. Before he died he signed a form stating me as beneficiary. Penney's sold their pension to Prudential Insurance Co. Now they are saying that the new form that he signed does not hold any water. They are going by the original paperwork. Do I have any recourse

Lawyer's Assistant: What documents or supporting evidence do you have?

I have the form copy but it does not have his signature on it but they admit that they received it but are saying that it was set up in 1985 that my mother was to get half.per month till her death Also have the paperwork stating that Penney's sold the pension plan

Submitted: 3 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 11 hours by:
4/3/2018
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,328
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Employment Law Question
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
Ok
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

Your Question:

My father worked for J C Penney and when he retired from them he set up his pension so that my mother would get half upon his death. She died first and he died on Feb 6, 2018. Before he died he signed a form stating me as beneficiary. Penney's sold their pension to Prudential Insurance Co. Now they are saying that the new form that he signed does not hold any water. They are going by the original paperwork. Do I have any recourse

Response: Yes, you do. They cannot go by the original paperwork since your father successfully submitted a new beneficiary designation form after your mother's death. They CANNOT obviously go by the original form since your mother, the designated beneficiary pre-deceased your father. The pension plan is not making any sense here.

You need to file complaint against the pension plan with U.S. Department of Labor, Employees Benefits Security Administration for assistance in getting what is rightfully yours.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
I have sent them a message and hope that they will help me
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

Thank you for the update. I hope so too.

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.
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 Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,328
22,328 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips 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

13,334 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
I have a pension questio. It's not my pension but my
It's not my pension but my recently deceased fathers … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
My brother support my mom for 30 years or more he never
my brother support my mom for 30 years or more he never married or had children he retire from master and mate and pilot in 2008.He wented into teaching at the university of texas a&m.My mother is his… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
My mother in law has been receiving a partial pension
My mother in law has been receiving a partial pension payment from her ex husband after his death. What happens to this payment upon her death?… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
State Retirement Pension is "with survivorship". The
State Retirement Pension is "with survivorship". The retiree, now deceased, named one beneficiary, who is deceased. Do survivorship benefits go to estate of the beneficiary? What information should I … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
My deceased brother was a UPS Union member who was never married
My deceased brother was a UPS Union member who was never married with no children. Union used to pay siblings a portion of his pension in such cases and contract was changed shortly before his death. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
Am I entitled to my husband's pension from his work
am I entitled to my husband's pension from his work pension?He died in 2004. I had to send his pension check back that came after he died.He supposely signed or didn't sign something which made me not… read more
JG
JG
Doctoral Degree
258 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 took early retirment from Union Pacific Railroad in 1991
I took early retirment from Union Pacific Railroad in 1991 at the age of 55. My monthly pension payments are provided by the U.P. from their funded pension plan and Met Life from an annuity provided b… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 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
My father past away recently, he was a longshoreman in New
My father past away recently, he was a longshoreman in New York city and was retired for many years before his pasing. I found his NYSA-ILA Trust Fund Beneficiary Statement my mom is still his death b… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I have been married for 27 yrs and am planning an uncontested
I have been married for 27 yrs and am planning an uncontested divorce. My husband has a pension that he plans to split with me, what happens if he dies after our divorce? Can I still collect it or par… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
My husband and I got married in 1/09, he was diagnosed with
My husband and I got married in 1/09, he was diagnosed with a terminal illness in 5/09 and passed away 9/10. He was originally denied to name me as his beneficiary for his pension as we were only marr… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
My father paid into his penion with fireman fund and died before
My father paid into his penion with fireman fund and died before retirement age, when my mother retired she took monthly payments instead of one large sum. My mom passed away as well shortly after ret… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
my father retired from the new york city transit authority
my father retired from the new york city transit authority and was receiving a pension.After passing away in january, my mother was told that she isn't eligible to get his pension money.what recourse … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
My widowed father recently died. He retired from his company
My widowed father recently died. He retired from his company after 47 years. He completed a beneficiary form that left 25% of his pension to his fiance. There was no option for a secondary beneficiary… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
Husband had retired 24 years ago. He and first wife had set
Husband had retired 24 years ago. He and first wife had set his pension so he would receive 75% so in event he died first, his wife would continue to receive his pension. His first wife died 10 years … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
12 1/2 years ago at the age of 49 1/2 my husband retired from
12 1/2 years ago at the age of 49 1/2 my husband retired from the government. At the time he was to be penalized 2% for every year under 55. So to compensate for those penalties, we agreed to forfeit … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
What does the law say when someone has been paid out ...
What does the law say when someone has been paid out a lump sum pension for years worked say from 1978 to 1986 about $22,000.00, then carried on working for the same company till present date & is sti… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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