How can I claim my mother's pension? 6 Answers as of December 05, 2011

Your mother must make the claim. If she is deceased, her probate estate should make the claim.

You will need to talk to the agent for the pension plan to determine whether there are any survivor benefits available. This would apply to any potential future benefits. If you are claiming that the pension fund owes an amount to your mother when she died, any such amount would likely be an asset of her estate. Only a duly appointed Representative of her estate can pursue the asset.

Your question, while stating that your mother is deceased does not indicate when her death occurred. Usually there are time limits on pursuing any claim and what the time limit might be is a factor to be considered before taking any action. For general contract obligations, that time limit in Michigan is generally 6 years from the time that the claim accrued. If she was entitled to receive a pension but did not receive it, that claim was an asset of her estate at the time of her death. There is no information provided, as to any reason why she did not receive the pension or why she did not pursue the claim within the 5 years preceding her death or whether there was a probate estate administered or if you would be the only beneficiary or not. There is also no information about the party that was obligated to pay the pension, whether that party is solvent or the amount that would be involved. These are some of the additional factual matters that would have to be known in order to identify the issues that should be investigated before a good decision can be made as to whether any action or what actions should be taken.

It would seem to depend on "why" she did not receivethe pension during her life. If the pension plan acknowledges that she "should" have received it, and are ready to pay it in a lump sum, then you will probably need toopen an estate in probate court for your mother to claim it. You should also check andsee if the plan provided any final death benefits.

You need to contact the company to get a copy of the plan to see if she was able to name a beneficiary. Some plans allow you to name a beneficiary, on others you cannot. It may depend upon what your mother elected during her life on her plan. She may have received more because there was no beneficiary. So your first step is contact the company, if that does not provide you with the answers then you should consult counsel. This response is not intended to create an attorney client relationship. It is merely to review the facts of your inquiry and provide insight on whether you may need to look to retain counsel.

If she had a legal right to a pension then her estate can claim it through the probate process. Pensions usually have beneficiary designations and will pass outside of the Will. If she had no beneficiary designated then her estate can seek the money.