Legal Question in Wills and Trusts in California
disclaimer of interest
If a mother dies and she had money in a teacher's retirement fund in California, intended it to go to one of her children,but filled out a form incorrectly, how could two of her children legally relinquish their right to the money? What form needs to be completed if the sons live in Illinois? Is it still a California form? Our mother had no will.
2 Answers from Attorneys
Re: disclaimer of interest
Ask the retirement fund for the form they require. That is all that is required since the fund has a designated beneficiary.
Re: disclaimer of interest
Here is my quick analysis:
The retirement fund is a probate asset, the pension doesn't get to keep it if she filled out a form wrong. If you can prove the money is there, and that it is hers, and that a court is administering her estate, that is likely enough to get the pension fund to hand over the funds.
If she didn't leave a will, you need to consult with counsel where she was domiciled at the time of her death about what is required to marshall the assets you know about (e.g. the CA fund).
Heirs can relinquish what they take by telling the court they don't want it. Nobody, not even the state, can make an heir take a bequest they don't want.
Hope that helps. It isn't entirely clear what you want to know. Elizabeth Powell
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