Stockton, CA asked in Probate for California

Q: My brother passed away without a will single never married no children both parents deceased leaving 2 siblings

He had a pension but never received it are my brother &I entitled to any of it if so how do I inquire about it

Related Topics:
2 Lawyer Answers
Howard E. Kane
Howard E. Kane
PREMIUM
Answered
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: Most workplace and private pension schemes provide death benefits and, in the event of death, the beneficiaries should contact the pension scheme administrator for more information. Pensions are considered to sit outside of the estate, which means that when the pension holder dies, their beneficiaries can access the retirement savings without having to pay inheritance tax.

Genene N. Dunn
Genene N. Dunn
PREMIUM
Answered
  • Probate Lawyer
  • Tustin, CA
  • Licensed in California

A: It seems like you would be the heirs according to intestacy laws. You can inquire with the company who holds the Pension. If there was a death benefit it might have beneficiaries on it. If there are no beneficiaries, then the estate would be entitled to any death benefit and it depends on the amount due on what the proper procedure would be. You probably just need to start with a death certificate to ask if there are any beneficiaries listed.

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.