The means by which you would request that the court pay the benefits to you, is to file a motion (FL-301
) to determine the parties' community property interests and substitute the personal representative of the decedent's estate for the decedent spouse. Before doing so, you would have to file a claim with the decedent's estate demanding that the estate agree to relinquish the decedent's property interests to you in probate court. This gets really complicated, and there are no forms available to fullfil the process.
In fact, I doubt that most family law attorneys would know how to do it, because it's such a rarity.
Perhaps more important is that I don't see the court ordering the property distributed to you, because even at death, your ex's estate is entitled to the same benefits as were availble in life (except for spousal support). So, I have a hunch that you're wasting your time and money.
Regardless, if you want to try it, then you need a very
experienced family law attorney to assist.
For a referral, see this link
(make sure that you explain to the referral service rep the nature of this action and how complex it is likely to be -- otherwise, you may end up with an attorney who will screw it up and charge you for the educational opportunity).
Hope this helps.
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