Q: A retired attorney for the County of Los Angeles died leaving her predeceased spouse as her LACERA beneficiary in error.
Her son was her sole recipient of her will and trust but could not receive 100% of her benefits in direct conflict to his mothers will and Trust due to the LA county rules that say instead the money in her retirement be divided equally amongst all of her decendents in direct conflict with her established wishes. The deceased other beneficiaries were already taken care of in her Trust. Is there any way to have the court follow the decedents wishes legally established in her trust?
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- California
- (916) 704-3009
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- Answered
A:
In this situation, the conflict arises between the beneficiary designation for the LACERA (Los Angeles County Employees Retirement Association) benefits and the provisions of the deceased's will and trust. Generally, beneficiary designations on retirement accounts and pension plans supersede the terms of a will or trust.
However, there may be a few potential avenues to explore:
1. Check if the LACERA plan allows for a discretionary determination by the plan administrator to distribute the benefits according to the deceased's will and trust.
2. Investigate if the other descendants named in the LACERA plan are willing to disclaim their interests in the retirement benefits, allowing the funds to pass according to the will and trust.
3. Determine if there are any grounds to challenge the LACERA beneficiary designation, such as incapacity, undue influence, or mistake at the time the designation was made.
4. Consult with an attorney specializing in probate and pension law to see if there are any specific provisions under California law or the LACERA plan that may allow for the court to intervene and distribute the benefits according to the deceased's will and trust.
Keep in mind that these options may be difficult to pursue and are not guaranteed to succeed. The best course of action is to consult with a qualified attorney who can review the specific details of the case and provide guidance on the most appropriate legal strategy.
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