Legal Question in Family Law in California

Hello, I was wondering if you could help me out with some answers about my recently deceased ex-husbands pension plan? But before I go any further I wanted to let you know I was able to collect his S.S. after finding out our divorce was never finalized.
As far as his death benefits he had a beneficiary, (an X-girlfriend) which my kids are still hasseling with to get the cremation fees, etc. paid off. Anyways the pension plan is telling my son that he (my X) didn't fill out the proper paper work or name anyone as his beneficiary. So any monies left in his pension plan (which was the fund his retirement checks were coming from before he passed) they are keeping because of the paper work. Now, my question: Since we are still legally married wouldn't that go to his widow automatically without any question? Also, I am already collecting child support arrears via a QUADRO and they even tried to stop that by telling me I would no longer be collecting that now that he is deceased. Well they quickly called me back after telling them I was going to get an attorney and I would see them in court. I got a call back the same day saying they had made a mistake. They have lied to me and lied to my son and I just want to find out before I call them back, if it's me that has all rights to his retirement money? PLEASE HELP!!!

Asked on 1/07/13, 3:08 pm

Robert Kubler The Kubler Law Firm

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Without a named beneficiary probating the will may be necessary. If under the statutory threshold one might be able to do a small estate affidavit.

Answered on 1/21/13, 8:27 pm

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