Legal Question in Wills and Trusts in California

You have to look at the documents that create the pension to see if there is any survivor benefit and if you can name those people separately in your Will. The pension probably requires you to name someone at the time of signing the pension papers [with the right to substitute in other names]

If your particular pension allows you to name someone to receive money after you die, and you named someone, and that person outlives you, then that is the person who will be entitled to the death benefit, regardless of what your will says. You are entitled to leave the death benefit to one or more people and to decide which person should receive what percentage of the benefit. You should also consider what you want done with any portion of the death benefit if the person you named dies before you. These instructions have to be prepared very carefully. The pension forms are usually give you one or two choices. They aim for solutions that are easy for their clerks to understand. Sometimes, none of these choices will accomplish what you want. In my opinion, it will be worth your while to take your papers to a trusts and estates lawyer, who can help you ensure that the right people will be entitled to the benefits.

Best, Roberta Avrutin, Esq., 323.653.3900 ext 115.