Legal Question in Wills and Trusts in California

Ex-husband's brother trying to get my STRS retirement

My ex-husband died May 1999. His brother now (6/2000) has opened probate and is trying to get a court order so he can get my STRS (teacher's)retirement, the money my husband would have been entitled to by the divorce decree upon my retirement had he lived. He had previously, last year, asked STRS for it but they told him he would have to get a court order first. I am not yet retired and probably won't be for another 10 years, but have been told by STRS that if he is granted the court order (through probate) I will have to pay him out of my monthly wages as soon as I am elegible to retire. The money was not segregated and no beneficiary was specified in the domestic relations order--his attorney wrote the order. Can he get the money? My time is running out (4 months is up 9/7). Also, I have been told the terminable interest doctrine has been abolished in CA. Any help you can give me would be appreciated. The attorneys I have talked to say they have never heard of such a thing and don't have an answer. Thank you.


Asked on 9/30/00, 2:12 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Ex-husband's brother trying to get my STRS retirement

This sounds like something that might have to be specifically researched. If I were you I would call the local bar association in getting appointment with an experienced probate attorney. She does not know the answer to your question consider hiring him to research it for you. This is no situation you just want to sit on.

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Answered on 12/17/00, 3:05 am


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