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John, Attorney
Category: Family Law
Satisfied Customers: 5732
Experience:  Licensed and practicing attorney.
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My father worked for a time he retired then he died my mom

Customer Question

My father worked for a long time he retired then he died my mom never collected any of his retirement funds and also passed away but i wad wondering im his daughter and is there sny way i could get my dad money he worked all hi life for?
JA: Family law varies by state. What state are you in?
Customer: Caifornia contracosta county
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Was that a yes or no .
Submitted: 9 months ago.
Category: Family Law
Expert:  John replied 9 months ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime do not leave this page, and you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

Expert:  John replied 9 months ago.

If it's a defined contribution plan (for example a 401k, SEP IRA, SIMPLE IRA), then yes you as an heir may collect the funds in the account. You'll need to locate the account, inquire whether you are a named beneficiary. If you are not a named beneficiary you'll have to probate his estate and have the fund proceeds divided among all heirs.

If it is a defined benefit plan (what is considered a traditional pension, wherein a set amount is paid out to the employee then usually his/her spouse after death) adult children/heirs are not able to collect on these. In other words the payment obligation ends with death of the employee and spouse; regardless of whether the fund paid anything out during their lifetimes. Nor is it the case that you now can go to the fund and apply for funds that they should have received had they properly applied for the funds.

Expert:  John replied 9 months ago.

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