Can I get my mother's pension? 21 Answers as of April 16, 2013

My mom was receiving pension but she passed away am I entitled to her pension since I'm her daughter and she was living with me.

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James Law Group
James Law Group | Christine James
Every pension has it's own set of rules - some have death benefits, some do not. Contact the plan administrator at the company she worked at. They will be able to tell you.
Answer Applies to: California
Replied: 4/16/2013
The Law Office of Kelvin Green | Kelvin Green
It will all depend on the terms of the pension and how she set it up. Some pensions can have a beneficiary, many don't. Many cease on death. I would suggest talking with a pension fund manager they would give you an exact idea.
Answer Applies to: California
Replied: 4/16/2013
Frederick & Frederick PLC | James P Frederick
It depends on the pension. Many pensions terminate upon death. If your mother's pension provided for death benefits or ongoing payments after death, this is something you should be able to find out from the company involved.
Answer Applies to: Michigan
Replied: 4/16/2013
Law Offices of Robert P Bergman
Law Offices of Robert P Bergman | Robert P. Bergman
Pension rights are completely dependent on the terms of the pension itself. Typically, a pension is only available to a surviving spouse when the pensioner (i.e. The person receives the pension) dies. You need to speak with the provider of the pension to see if you have any inheritance rights.
Answer Applies to: California
Replied: 4/16/2013
Reger Rizzo & Darnall LLP | Kathleen DeLacy
It may end at her date of death or if not it depends who was beneficiary or if none what her will says.
Answer Applies to: Delaware
Replied: 4/16/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Her pension probably ended when she died. If you have been cashing her checks, you are stealing. You need to repay the money immediately.
    Answer Applies to: Idaho
    Replied: 4/16/2013
    Gates' Law, PLLC | Thomas E. Gates
    No, you have no rights to the pension.
    Answer Applies to: Washington
    Replied: 4/16/2013
    Danville Law Group | Scott Jordan
    Was she receiving a pension or payments from a retirement account. Most pensions do not have a death benefit, so you would need to check with the pension administrator whether there is a death benefit. If she was receiving retirement account payments, if you are a beneficiary, yes, you can receive that payment. You must advise the plan administrator that your mother is deceased and fill out a claim form.
    Answer Applies to: California
    Replied: 4/16/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    That entirely depends on what kind of pension she had. The best thing to do is the contact the company who administers the pension.
    Answer Applies to: California
    Replied: 4/16/2013
    Attorney At Law | James G. Maguire
    That depends on how the pension was structured. Often, the payments do not go on after the person's death.
    Answer Applies to: Louisiana
    Replied: 4/16/2013
    The Wideman Law Center, P.C. | Susan Wideman Schaible
    Probably not. Most pensions do not pass to children.
    Answer Applies to: Michigan
    Replied: 4/16/2013
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    Unless the pension plan allow it, since you are the child and not the spouse, you will not be able to get your mother's pension.
    Answer Applies to: Georgia
    Replied: 4/16/2013
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    It depends on who the beneficiary was on her retirement plan. If you are referring to her Social Security then the answer is NO.
    Answer Applies to: Georgia
    Replied: 4/16/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally no, unless the program had some very odd provisions.
    Answer Applies to: Michigan
    Replied: 4/16/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Without knowing the type of pension, it is hard to say. If she named you as a beneficiary of the plan with the provider, then yes. But if you are not the beneficiary then no. Not all pensions have a beneficiary. You should get a copy of the plan if you can or send a written inquiry to the provider to see if you are the beneficiary. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
    Answer Applies to: Nevada
    Replied: 4/16/2013
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