Legal Question in Wills and Trusts in California

Does a will take precedence over workplace benefits benefiaries

My friends father just passed away. His will specifically states that his ex-wife receive none of his pensions, monies, etc. Unfortunately he forgot to change the beneficiary on some of his work related benefits and his ex-wife is due to receive approximately $200,000. His will states that all monies are to be equally distributed between his four children. Does the will take precedence or is she really entitled to this money and is there nothing that his children can do???


Asked on 4/05/06, 9:02 pm

1 Answer from Attorneys

Re: Does a will take precedence over workplace benefits benefiaries

I would look through California Probate Code section 5600. In my opinion, this section would provide that an ex-spouse typically would NOT receive the asset as beneficiary. Your friend should hire an attorney and notify the company right away that they may contest the beneficiary designation. Once the money is paid out it can be tougher to get it so try to get the company to hold the money! I would also file a standard probate petition since the dollar amount is more than $100k and the money would probably flow to the probate estate. I would not waste any time with this! Good luck.

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Answered on 4/06/06, 9:46 am


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