Legal Question in Wills and Trusts in California

Re: Who will get retirement benefits.

It is somewhat difficult to follow the facts pattern you present. It seems he was divorced from his first wife before 1991 and did not go to work for the company he retired from until after 1991. What did the original divorce decree state, how long were they married, has she remarried, etc.? Very possibly she is not entitled to his retirement benefits. But what does his contract with his employer say as to how long those benefits continue; if it is a disability retirement they might end on his death [end of his disability]. If it is a large enough company, someone in their HR Department might know what the law is and their policy as to whom they pay. Since he is now 71 it may have been converted into a years of service retirement. How will the first wife know he has died? Does he want to provide anything for the child he had with her? You probably need to see an estates and trust attorney who know some martial law, especially if he has no Will or Trust set up. If he dies after you die and without a Will, did not adopt your three children children, all five might have equal claims on his assets.