Legal Question in Wills and Trusts in California

Benificiary left blank on pension plan

Good Day,

Mom passed away and had putting money away in a little pension fund. It was at almost $5800 before she passed away and now the company says that I have to go to small claims and am only eligable for 5000 of the monies. Mom had submitted the form without a beneficiary and I am the only heir. What do I need to do or what forms do I need?

Thank you in advance,

JR


Asked on 6/05/05, 2:06 am

4 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Benificiary left blank on pension plan

no way the person at the insurance co is wrong, wrong or you might have misunderstood --- get an attorney who is expert at probate/estate planning to do a summary porbate petition if this is the only asset she left an present a certified copy of the order to the insurance co --- a little time consuming but you are entitled to all of the money --- your mom screwed up or maybe she didn't get a copy of the beneficiary descignation she supplied the co

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Answered on 6/05/05, 5:22 am
John D. Williams Law Offices of John D. Williams

Re: Benificiary left blank on pension plan

The company has given you misinformation. There is a procedure for the transfer of small estates. You need to see and experienced probate attorney.

If would like a free consultation, please e-mail me with contact information of call me at (818) 991-6664. I have over twenty-five years experience.

Good luck and thank you for your inquiry.

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Answered on 6/05/05, 12:03 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Benificiary left blank on pension plan

That doesn't sound right. You should complete the small estate declaration form (found in California Probate Code section 13100) if her total estate is less than $100,000. Turn this form in, notarized with a certified copy of the death certificate, and the company should turn over the funds to you (or you and the other heirs, if there are others). If you have trouble with the form, see a probate attorney, who can help.

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Answered on 6/05/05, 12:54 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Benificiary left blank on pension plan

That doesn't sound right. You should complete the small estate declaration form (found in California Probate Code section 13100) if her total estate is less th

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Answered on 6/05/05, 12:56 pm


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