Legal Question in Wills and Trusts in California
Pension and Death
My elderly step-father has demensia and tells my mother he's cutting her out of his pension so when he dies she can't get it. Can he do that?
Asked on 7/25/05, 7:37 pm
2 Answers from Attorneys
Carl Starrett
Law Offices of Carl H. Starrett II
Re: Pension and Death
If he truly has demensia, your mom might consider the feasiblity of obtaining a court-ordered guardianship.
Answered on 7/25/05, 7:45 pm
Donald Field
Donald L. Field, Jr., Attorney at Law
Re: Pension and Death
this depends upon the type of pension - government, union, private - and the specific provisions of the the pension plan. it may also be affected by the character of the pension - whether it is separate property, community property, quasi-community property.
Answered on 7/26/05, 11:53 am
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