How do I know if I am entitled to my deceased fathers pension? 1 Answers as of February 14, 2011

My father passed away in 2007. My father left my sister as beneficiary and power of attorney. There was $268.000 left and I contacted his company and received no response. Are we entitled to his pension that he paid into over 30 years?

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Law Offices of Brian Chew
Law Offices of Brian Chew | Brian Chew
It depends on the type of pension he was receiving. Any type of 401k plan would usually allow the employee to designate a beneficiary. The default beneficiary would be a living spouse and if the spouse is deceased, then to their kids. However other pensions (that pay a fixed monthly sum) only have benefits for the surviving spouse (most government pensions). If there is a balance, typically the heirs would be entitled to it. I would have your attorney contact the company directly.
Answer Applies to: California
Replied: 2/14/2011
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