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

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2 Lawyer Answers
Howard E. Kane
PREMIUM
Howard E. Kane
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
PREMIUM
Genene N. Dunn
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.

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