My questions are. My husband and I have been seprated for 2 yrs. he lives in Nebraska and i live in California,. He passed away, however he has been living with someone for a year or so. with his property and pensions, what are my rights and what do I do about getting any papers i need? Help please
2 Answers from Attorneys
Were you legally separated? Were divorce proceedings begun? Do you have a copy of the death certificate?
As to your questions, the answer will depend on the type of property left behind. If it is community property, such as your home, you may be able to simply file an affidavit death of joint tenant. Of course, it depends on how title is held.
As to pensions, do you know if you are a listed beneficiary of the account?
I suggest you contact an attorney for a review of the estate and thorough discussion of what needs to be done. Please feel free to contact me at (925) 362-1725.
You are going to want to consult with an attorney, in person. It would help if you have a lot of relevant information, such as what property was owned at the time of his death, how title to that property was held, and whether there was a will or a trust in place at the time of his death.