Legal Question in Wills and Trusts in California

My Dad died and he was getting a pension. So, it was went to my mom or in their joint account. My mom just died so I was wondering what happens to the pension. Does it go to the estate? My brother is being the executor, but I think he is using the money for himself and not dividing it amongst the family. Can he do that?Marty


Asked on 4/25/11, 10:24 am

2 Answers from Attorneys
Kurt Seidler Law Offices of Kurt A. Seidler APC

You can petition the court to have brother removed and yourself appointed as executor. If brother has misused funds belonging to the estate he will have to pay them back to the estate.

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Answered on 4/25/11, 10:57 am
George Shers Law Offices of Georges H. Shers

Most pensions stop on the death of the spouse of the pensioner; contact the entity that was paying the pension to find out what happens for that particular pension. If it continued into your mother's estate, then the pension would last forever; no company could afford that.

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Answered on 4/25/11, 11:39 am


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