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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3831
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My husband has dementia and is getting toward the end of his

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My husband has dementia and is getting toward the end of his life. He is in a nursing home. He didn't take care of things that would help me if something happened to him. The way it look now is I'll only get his SS and 712.00 from the Navy. I won't be able to live on that. What I don't know is if I would get some of his retirement check from the state job he had for 16 years as a tax auditor in San Diego CA. Also he has Percare through Blue Cross through that job that pay 20% of what Medicare doesn't pay. I don't know if that will stop. I'm 74 and in bad health and am totally stressed out because my husband has left me in this fix. We've been married 45 years this August and he never took care of anything. I may lose my house because I won't have enough money to stay in it. Very bad situation.
Submitted: 2 years ago.
Category: Legal
Expert:  Zachary replied 2 years ago.

Zachary D. Norris :

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Zachary D. Norris :

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Zachary D. Norris :

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Expert:  Zachary replied 2 years ago.
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Customer: replied 2 years ago.
I have no answer above.
Expert:  Zachary replied 2 years ago.
I'm very sorry to hear about your situation. I am assuming that what you mean by "he never took care of things" is that he did not write any sort of will.

If a California resident dies without a will or trust, they die "intestate" and the laws of intestate succession are used to determine who will inherit the estate. Determining the heirs of the estate involves answering a series of questions about the person who died. The following discussion applies only to California residents and the intestate succession law of other states may be different.

1. The first question is whether the decedent (the person who died) was married.

B. If the decedent was married, the first question is whether the decedent owned community property, separate property, or a combination of the two. Community property is generally defined as the assets acquired during marriage from earnings or salary. Separate property is generally defined as assets brought into the marriage when the decedent got married, inheritances to the decedent, or gifts to the decedent. However, California case law provides many exceptions to these definitions, and assets can change from community to separate property, or from separate to community, by combining assets, by improving separate property with community property, or by written agreement of the spouses, for example.

1. The decedent's community property goes to the surviving spouse, who may have to file a spousal property petition to establish ownership.
2. The decedent's separate property is distributed as follows:
a. The surviving spouse receives all of the separate property if the decedent is not survived by issue, parents, brothers, sisters, or children of a deceased brother or sister.
b. The surviving spouse receives one-half of the separate property if the decedent had only one child, or issue of a deceased child.
c. The surviving spouse receives one-half of the separate property if the decedent left no issue, but left parent(s) or their issue.
d. The surviving spouse receives only one-third of the separate property if the decedent left more than one child.
e. The surviving spouse receives only one-third of the separate property if the decedent left one child and the issue of one or more deceased children.
f. The surviving spouse receives only one-third of the separate property if the decedent left the issue of two or more deceased children.

In your case, you will continue getting all his benefits and will be entitled to receive his pension if it was from a job that he had while he was married to you, which sounds like the case.

That being the case, you will receive all of the income he was receiving when he passes, but your social security will likely give you survivor benefits, for which you will need to apply: http://www.ssa.gov/pubs/10084.html#a0=2

So the short answer to your question is that you will continue to receive the payments that were coming to him from his retirement pension, from the Navy, and SS survivor benefits. You will need to inform all of these entities upon your husband's death. The easiest way to do this would likely be to visit a legal aid office nearest you to see if they can provide you with some assistance in filling out the documentation needed to go to the court to switch things over to your name.

Please let me know if this answers your question or whether I missed something that you need answered. Please remember to only rate my answer once you are 100% satisfied. If you feel the need to click either "Helped a little" or "I expected more," please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.

Best Regards,
Zachary D. Norris
Customer: replied 2 years ago.
I have a trust. Ken is on Med-cal and they take all of his checks. Don't know what happens when he dies. I won't get 555 of his navy chack because years ago he signed up for 712.00 for me if something happened to him. Which means I'll have his SS and 712.00 when he dies. That's why I'm asking about the State check.
Expert:  Zachary replied 2 years ago.
I understand. Because the state check is from a job he worked while he was married to you, the pension is community property. You will need to get a court order upon his death assigning that benefit to you. You inheret that benefit through the intestacy laws stated above. Once you get the court order, you present it to the state and they start sending the check to you instead.
Zachary, Attorney
Category: Legal
Satisfied Customers: 3831
Experience: Lead trial/International commercial attorney licensed 11 yrs
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