If a person dies intestate ( without a will) in California, does CA Intestacy Laws apply to Retirement Plan?

Aliana

The retirement plan more than likely names a beneficiary or contingent beneficiaries. Calfironia law will not disrupt that. If it does NOT name a beneficiary, yes, California laws of succession will determine who gets the benefit. However, all of this is moot if he doesnt live in California anymore. You said he used to work there. If he doesnt live there anymore, his estate will be probated where he lived when he passed away.

William

Is it a private employer retirement / pension plan?

If so, it is actually a federal law called the Employee Retirement Income Security Act (commonly called “ERISA”) that governs how the assets of the plan are to be distributed. ERISA overrides any conflicting state laws.

So, for instance, let’s say employee is married, and names spouse as beneficiary of pension. A few years later, they divorce. A couple of months after the divorce, the employee dies. The employee did not have a chance to change the beneficiary designation on the retirement plan, so ex-spouse is still named as beneficiary. Under the probate laws of most states, the divorce would automatically nullify the beneficiary designation as it relates to the former spouse, so the retirement plan would actually pass under the state’s intestate rules. However, under ERISA, the state’s laws do not apply, and the ex-spouse will get the retirement plan as the last designated beneficiary. This is what the Supreme Court said when given these facts, in Egelhoff v. Egelhoff, 532 U.S. 141 (2001).

Carley

From your wording, I am a bit confused. You say he died in California then go on to say he used to work in California as if he was not there anymore. The laws applied to a persons death whether with or without a Will depend on his established residence. Wherever he has an established permanent residence established at the time of his death is the law that will apply. If he has since moved and established a permanent residence in Arizona and was just visiting California when he passed, Arizona’s law will apply.

As for the Retirement Plan, you would have to read what it say’s about Survivor Benefits and Assignments. If you can’t understand it which is possible, contact the Union Representative or whoever the plan was established under and ask them. If your not satisfied with their answer contact a Probate Attorney and take the plan with you for his review.