Two brothers are accused of stealing money from their father's pension.

According to court documents, 24-year-old Adrian Martinez and 26-year-old Matthew Martinez falsely claimed they were enrolled as full time college students to receive their father's pension money from the Houston Fire Fighters Relief and Retirement Fund.

Their father, Henry Martinez, was a 22 year veteran with HFD. He was killed in an accident, while he was off-duty, by a drunk driver.

"It was horrible for them," said their attorney Rocket Rosen. "The family is very tight and close knit. The boys were taught to do community service projects, and that is why theses accusations that they stole money from the pension fund, are so disheartening."

According to the chariman for the Houston Fire Fighters Relief and Retirement Fund, the two brothers should have only received money if they were enrolled in school full-time.

Both brothers were arrested and charged with theft, after investigators found evidence of fraud. Matthew Martinez allegedly took $30,784 and his brother Adrian allegedly took $20,488.

"They were in school, but we are still investigating to see if they were in school during the time they were receiving the money," said their attorney.

Both are out on bond.

The next court date is set for April 22.