QUESTION

How can we find out about government disbursement of mother's retirement?

Asked on Feb 05th, 2014 on Estate Planning - California
More details to this question:
My mother recently passed away. She worked for the Government and had been receiving retirement checks into her checking account. She had no one assigned as a beneficiary. The government sent to my brother and I one month's payment split between us and stated the case is closed. My brother and I agree that my mother should have been collecting until she was 100 but passed at 82. How can we find out if there was more but the government may be keeping due to lack of beneficiary designated?
Report Abuse

8 ANSWERS

Probate Attorney serving Las Vegas, NV
3 Awards
Her benefit probably died with her. They may be willing to give you a copy of her plan (PERS) or it may be available on the web. If not, you may need to open her probate estate so you can subpoena the information.
Answered on Feb 10th, 2014 at 11:19 AM

Report Abuse
Corporate and Business Organizations Attorney serving Columbus, OH at Arnold & Clifford LLC
Update Your Profile
In order to determine whether additional benefits may be payable to your mother's estate, I recommend that the Executor of your mothers estate (or your lawyer) contact the human resource division of the specific government agency which your mother worked for. Ask to receive a copy of your mother's retirement benefits allocation, and review the terms of that retirement program. If your mother's former employer does not respond in a timely way, send them a formal request by certified mail, and engage a lawyer to accelerate the processing of your mother's Will and estate.
Answered on Feb 07th, 2014 at 10:40 PM

Report Abuse
Real Estate Attorney serving Battle Creek, MI
1 Award
You should be able to contact the retirement plan administrator to request a copy of her benefits election. It might be necessary to file a probate petition to get a personal representative appointed to do this. Most government retirement benefits are pensions. For this reason, it's unlikely your mother elected benefits would continue after her death by naming someone as a beneficiary. This is because if she had done that, the monthly amount she received would be less because of the possibility of payments continuing after her death. So, the way a pension works, is the employer commits to pay an amount to the retired employee. It is the employer's responsibility to make sure the payments are made, even if the employer has not saved enough to make the payments. If an employee elects payments for the employee's lifetime, the employer makes a determination of how long the employee is likely to live and then bases the monthly payments on that assumption. If the employee dies earlier than expected, the employer does not pay out as much as expected. If the employee lives longer than expected, the employer pays out more than it planned on paying. Over the long run and over many employees, the assumptions average out (hopefully) and the employer has enough money to pay the promised retirement benefit. An employee can elect to receive their retirement as a joint and survivor annuity. If the employee does this, however, then the employer assumes it will need to be making monthly payments over a longer period of time than if the employee just elected to receive payments during the employee's life. For this reason, the employer makes smaller monthly payments to the employee because the employer assumes it will need to be making those payments over a longer period of time.
Answered on Feb 07th, 2014 at 10:40 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
You will need to bring the details and the pension terms to an attorney for a review. Normally pensions terminate at the death of the pensioner or their spouse under normal circumstances.
Answered on Feb 07th, 2014 at 10:39 PM

Report Abuse
Real Estate Attorney serving Garden City, NY at Law Offices of Hein, Waters and Klein
Update Your Profile
Contact the agency that your mother worked for to obtain all of the facts about her retirement plan. Maybe the benefits stop upon death?
Answered on Feb 07th, 2014 at 10:39 PM

Report Abuse
Edwin K. Niles
Retirement funds almost always cease upon death. I think that the payments were for lifetime, up to age 100, whichever occurs first.
Answered on Feb 07th, 2014 at 10:38 PM

Report Abuse
Commercial Attorney serving Chicago, IL at Ashcraft & Ashcraft, Ltd.
Update Your Profile
You have to examine the terms of the retirement program. Not all programs have a death benefit. The death benefit is different from income or annuity payments during lifetime.
Answered on Feb 07th, 2014 at 10:38 PM

Report Abuse
Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
Update Your Profile
Contact the government agency that administers the retirement account of your mother.
Answered on Feb 07th, 2014 at 9:42 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters