Legal Question in Civil Litigation in Pennsylvania
Fiduciary Error
My father passed away three years ago. In his pension, he named my mother, sister and myself as beneficiaries. The amount of his pension was never disclosed to me. I just received three checks about two years ago. Two months ago the pension fund wrote to me saying that in error they sent me too much money. They said to send it back(almost two years later). I do not have the money. Now they threatened to sue me. Do they have a case? I could pay it back, but not all at once.
1 Answer from Attorneys
Re: Fiduciary Error
The terms of the pension are specific and must be followed by the pension administrator. To err is human. If you received money that was an error, you are responsible to return it. Make a reasonable time period to return it. No interest. If they want to sue you can counterclaim the pension administrator for his negligence in sending you the money and what it now has caused you. Hire a lawyer if you can't work something out with them.
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