Legal Question in Wills and Trusts in California
My husband passed away and knew he was collecting his retirement early because of a disability. When I contacted the Company they informed me that he had submitted the application for benefits for a lifetime payment; They then informed me that I was not entitled to any further benefits upon his passing. I requested the current copy of there Summary Plan Discription. It states that he was suppose to get my consent to do they with a notarize signature, which he did not. I also saw that he checked the box stating he was not married which was not ture. My question is do I have any recourse at this time. Thank-You
2 Answers from Attorneys
You need to meet with an attorney who can review the actual documents. There are a number of issues and concerns raised by your summary. Did the employer know that you were married at any point? As the surviving spouse you may have rights, but you can lose your rights if you do not act promptly to protect your rights.
Mr. Feldman is correct that you need to speak to an attorney. If had he not signed the paper his benefits would continue on going to you, then it makes sense he had to get your consent. Since he did not, you might be able to overturn the change in benefit plan.
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