Legal Question in Wills and Trusts in California
I live in Washington State should I get a lawyer here or in California? Should I get a lawyer? Do I even have a case?
Hello, my mom died in 2010 in Fresno, California. I have been going back and forth with my mom�s death benefits insurance company which is CalPERS. My mom never did her beneficiary designation. My mom never technically got married either. She changed her last name, but were never legally married. There is no marriage on record or marriage certificate. Once she passed they were going to give the money to my step dad which I am not sure if that is legal or not. He passed away in 2013 before he received any money. Now they are telling me her death benefits go to his biological children which is not me. My mom�s estate was also in probate giving the estate to my brother and I. The probate was finalized after my step dads� death. They sent my brother a check, but no me.
2 Answers from Attorneys
Yes, get a lawyer right away. If she was not actually married, her death benefits should go to her children.
p.s. A CALIFORNIA lawyer. There is no common law marriage in CA.
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