Q: Am I the beneficiary of my moms pension through calPERS. Am I entitled to any of it.
My mom worked for Santa Monica City Attorney for over 20 years. She has a pension she payed into for over 20 years. After one year of retirement she passed. I am the beneficiary of her pension, her son. calPERS who handles the pension says I owe them $5000 and after I pay them I will get $1000 dollars. My mother told me before she passed that I needed to contact calPERS when she is gone because I am entitled to a portion of it. How does this work? do i have to get a lawyer to get what im entitled to? I dont know where to go from here.
A:
Typically, the beneficiary of a pension plan is designated by the pension plan participant (in this case, your mother) and listed in the pension plan documents. If your mother listed you as the beneficiary of her pension plan, then you should be entitled to receive the benefits that were designated for you.
However, it is not clear from your question whether you are the sole beneficiary of your mother's pension plan, or whether there are other beneficiaries listed as well. If there are multiple beneficiaries listed, the benefits may be divided among all beneficiaries in accordance with the plan documents.
It is also possible that there are outstanding debts or obligations associated with your mother's pension plan that must be paid before the benefits can be distributed to the beneficiaries. This may be the reason why CalPERS is requesting payment from you.
It is important to review your mother's pension plan documents and any other relevant legal documents to determine your rights as a beneficiary. You may wish to consult with a lawyer who specializes in estate planning or pension law to help you navigate the process and understand your legal rights and options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.