Asked in Probate and Divorce for California

Q: Ex spouse passed away 8-19-15. On our Divorce in 1998 finalized the judge honor that I to received pensions and r

Retirement. But was told from Hewlett Packard and fidelity that beneficiary is second ex wife cashed it out. Estate is on probate. Is there a fight for me and is court document don't matter in this case.

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1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
Answered
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

A: You would have to file a petition with the probate court to assert your property rights to the estate. Even if the pensions and retirement accounts were cashed out, the estate can replace the money owed to you with other funds. Time is running out on your claim against the estate.

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