QUESTION
Can you help me with getting my deceased husband's pension.?
Asked on Feb 03rd, 2016 on Estate Litigation - California
More details to this question:
My husband passed away in August of 2015. He was getting his pension but when he passed, I found out that he had filed paperwork with the Pension Fund saying he was single with no survivorship benefits. He lied on the pension paperwork and the pension lawyer admitted in writing that my husband did not correctly complete the paperwork. The pension lawyers are not disbursing the funds to me.
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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Price Law Firm, APC
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You can bring a petition for probate to probate his estate and then have the court determine whether the pension is a part of his estate. Then you should presumably be entitled to half as community property and part of the remaining half under the laws of intestate succession.
Answered on Feb 06th, 2016 at 9:50 PM