Legal Question in Wills and Trusts in California

I am in California. My father died in his sleep and the caused of dead still under coroner's investigation. Per his girlfriend side of story,My father has been drinking �alcohols since 1/1/2012 till the day he deceased 1/15/2012. His girlfriend filled out his 401k change of beneficiary form and she posted herself as 100% beneficiary,dated by her on 1/13/2012 but it was signed by him. ( my father only knows little bit of English) ,our family all knew my father wishes to post my brother as beneficiary on his 401k years ago but my brother never has a chance to sign.when we found a copy of the form at his house then the girlfriend started talking about my dad was waiting for my brother to come to his house that day, but my brother didn't make it there so my dad got mad and ask her to have it all..... The girlfriend now wants the death certificate so he can claim the money. She wasn't sad or emotional after my father died, we were all there at his house and she ask my brother to removed his name out of my fathers house...( my dad,girlfriend and my brother owned the house as tenancy in commend) And then she is after us for the $358 dollard bill my father charged on her credit card before his dead.

The�timeline�

1/1/2012 my father started drinking

1/8/2012 my father was unable to come out from his bed,too drunk.

1/13/2012 my father broke his cellphone ( we checked the cell,the sim card was removed but phone works)

1/13/2012 : 401k form of change beneficiary was filled out and dated by girlfriend but signed by my father.

1/15/2012 : 6:30 pm �my father told his girlfriend that he has difficulty of breathing. But she left the house cause she was annoying by my dad kept asking for alcohol.�

1/15/2012 : The girlfriend found out my father died around 11pm�

1/20/2012 The corner told us they need 16 weeks to further exam for the cause of dead.�

I am not sure what type of attorney I need to discuss this type of case.�

Thanks


Asked on 2/02/12, 4:50 am

1 Answer from Attorneys
Jennifer Rouse Meissner Joseph & Palley

Sorry for your loss.

You should contact a probate attorney who handles probate litigation quickly. You may also want to contact the company who handles the 401(k) and let them know that there is an issue with beneficiary designation in hopes that they will not release the funds to the girlfriend immediately once a death certificate is available.

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Answered on 2/02/12, 9:05 am


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