Legal Question in Employment Law in California

My dad had a pension/retirement contract with his employer - it provided weekly payments based on the income of the company, and payments were to continue to go to my mother upon his death, and would cease upon mom's death.

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Dad supposedly received most of the payments due to him up to his death in 1998, but there after, mom received only very sporadic payments and always substantially less than the contract provided for. She and I both made repeated attempts to contact the company so that she could collect the past due payments but we were unable to make adequate arrangements or to obtain the company's financial data so that we would know the actual amounts due to her under the contract.

My mother died in July 2009. We realize that the payments cease to accrue as of the date of her death, but there is a large balance outstanding on the arrearages which her estate should be entitled to.

I need an attorney to represent my mothers estate on a Contingency basis. I do not know how much time is remaining before the statute of limitations runs.

The amount outstanding is substantial, possibly several hundred thousand dollars if the companys income was as high as we believe.

Please help!!!

Barbara


Asked on 2/11/10, 8:40 am

2 Answers from Attorneys

James Bame San Diego Law Office

I would like to review the pension/retirement contract as most pension plans have a baseline amount that is on reserve for the pensioner. Please contact me directly.

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Answered on 2/16/10, 12:54 pm
Terry A. Nelson Nelson & Lawless

If there is evidence of the terms of the pension arrangement, and if there is evidence of the amounts due, and if the amounts due are substantial enough to spend the time and money to pursue them, please contact me to discuss the issues. Yes, there are statute of limitations problems to resolve, and you will have to have the legal right to pursue this..

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Answered on 2/17/10, 2:51 pm


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