Legal Question in Wills and Trusts in California

My mother recently passed away before she passed she was having domestic abuse problems with her spouse. Do I have any rights to her retirement as an only child. Her spouse wants to take all of her retirement. He was not there for the funeral and he was physically and emotionally abusive to her (we have police reports) can we take legal action?


Asked on 8/30/17, 3:22 pm

1 Answer from Attorneys
Aaron Feldman Feldman Law Group

If they were legally married then at a minimum he would have spousal or community property rights. More importantly though, if he is designated as the beneficiary on her retirement accounts then that designation is controlling. If they were divorced, that would terminate many types of insurance and other designations. You should meet with an attorney to go over this in person so they can review actual documents.

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Answered on 8/30/17, 3:31 pm


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