Laguna Woods, CA asked in Probate for California

Q: On the probate form DE111, are pensions included in the person property income?

Related Topics:
2 Lawyer Answers
David L. Crockett
David L. Crockett
PREMIUM
Answered
  • Probate Lawyer
  • Newport Beach, CA
  • Licensed in California

A: The answer to this question is maybe. It would depend upon if the pension income was going to continue after the death of the person whose estate is being probated. The probate attorney preparing the DE111 would need to see the various papers describing the pension plan as there are many varieties of pension plans. Sometimes the income continues but is paid to the surviving spouse in which case it probably wouldn't need to be listed.

The DE111 is really only a first look at the estate so the persons involved can get some idea of what is involved. More importantly is the estate inventory forms which ultimately accurately list all assets. The point of the DE111 is to get the case going and to get a personal representative/executor appointed by the court so he/she can sign for and deal with the various assets and income.

You might find my blog article on probate estate assets and inventory helpful. It is at https://www.orangecountyestateplanninglawyer-blog.com/2014/12/probate-asset-inventory-collecting/

David L. Crockett, attorney/CPA/broker/JMartindale Hubble AV preeminent rating

John B. Palley
John B. Palley
Answered
  • Probate Lawyer
  • Roseville, CA
  • Licensed in California

A: I would say in 99% of the cases the answer would be no.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.