Legal Question in Family Law in California

Being Sued by Deceased Husband's Employer

I received pension funds from I believed my deceased employer. He named me as beneficiary, I have a marriage certificate we were married in 1983. I was married to him for 11 years, he developed kidney cancer and died in 1992, I had to quit my job to take care of him for two years before he died. Now some 16 years later, the mother of his daughter is claiming she is still married to him, so the company wants me to pay back the 14,000.00 I received, she knew of our marriage and never protested it all this time, I didn't know he was still married, he told me he was divorced and I believed him and married him, I miss him dearly, I took care of him until his death, she never came forward until now. The company cannot find any divorced papers for him or myself from my last husband, I know I was divorced. I have no job and my daughter is taking care of me. I still grieve for him every day, I loved him and he loved me. Shouldn't the company go after my deceased husband since he signed me up as his beneficiary and they accepted all the documents he signed as me as beneficiary. I know they cannot go after him for he is deceased, I don't know what to do, can you give me some advice as to what I should do? HELP, thank you.


Asked on 1/22/09, 1:44 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Being Sued by Deceased Husband's Employer

It would appear that you are a putative spouse. As a putative spouse you would be treated as a spouse. However you situation is very is not straight forward. You should consult with an attorney.

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Answered on 1/26/09, 12:41 am


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