Legal Question in Family Law in California

death benefit

Before my husband's previous wife divorced him, she had him sign over benefits from his employment pension completely to her. She now receives 15%, but on his death, she will receive 100%. This leaves no support to his surviving spouse (myself). Is there something that we can do about this? At the time of this divorce, he was not thinking about remarrying. Thank you for your help. Sue


Asked on 2/28/06, 6:17 pm

1 Answer from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: death benefit

The property right has already been given to her. Your husband can negotiate to buy it back but I would suggest life insurance with you as a beneficiary would be easier to obtain. There's no reason for her to do business with him. I presume that since you married him later in life you had already planned for your own retirement.

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Answered on 3/01/06, 4:09 pm


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