Legal Question in Family Law in California

My brother passed away a few days ago. He left no will, and was never married. He has a girlfriend of 25 years. He made my dad as beneficiary of his 401k plan, but my dad is also deceased. Who is then entitled to receive benefits?


Asked on 11/07/09, 5:01 pm

1 Answer from Attorneys

This is one of those things that you'd have to chart out at least part of his family tree and their estate arrangements to get a difinitive answer. For example, is your Mother still living? Did your brother have any out-of-wedlock children? Do you have any other siblings besides the decedant? If no to all those, then chances are pretty good that you are the sole heir. But like I said, someone would have to sit down and go over everything to be sure. There is also the possibility that the girlfriend could make a Marvin "palamony" type claim. I'm not up on what happens in that case in the case of death as opposed to when the couple breaks up.

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Answered on 11/12/09, 5:54 pm


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