Legal Question in Employment Law in California

Missing pension plan

My husband passed away in January 07 ( from cancer) and had a pension plan through his employer. I don't know the name of the plan nor do I have any paperwork for it. We were married for 5 years and he kept his paperwork in a locker at work...he was an employee there since 1982. About a month after he died I went to his work to ask the employer for his personal things and was told he would get back to me. I did not hear from him again and it appears that there is no intention to provide me with the details of my husband's pension plan. I know that the plan was connected to some sort of investment company, stocks and real estate. I have the addresses of three properties which were connected to my husband's investments but am unable to trace the paperwork on my own. (I was told I'd need the broker's name) I don't have the resources to hire a private attorney although I could possibly pay to have a letter from an attorney sent to the employer officially requesting the information. That way I could at least establish that the employer was asked to produce it in the event I am able to afford legal representation later. There is also the possibility that the employer will provide the information if requested by an attorney.


Asked on 8/17/07, 7:01 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Missing pension plan

There are a series of things you should have been doing, and need to do still. Without proper action, you'll have trouble getting anything done that you need. If you are compelled to file suit to enforce your rights, you probably are entitled to your attorney fees. You should talk to counsel to see if you can afford this, you may be surprised. Feel free to contact me.

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Answered on 8/19/07, 5:23 pm


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