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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2485
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I need legal assistance and information regarding Cal.

Customer Question

I need legal assistance and information regarding Cal. family law form that can I file to end my divorce's joinder of employment benefit plan and order that suppose to be a community property which ex and deceased wife illegally transfer to our son. Because our is seriously in need of his mother retirement money for education and legal issue. Please advice.
Hayward, Ca
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.
Was your divorce pending or complete when your wife died?
Customer: replied 1 year ago.
I did Bi-furcation divorce, where I first got Judgment for Dissolution of Marriage. We are about to finalize separation/division of community property when she died. I do not want to do any probate because it expensive, time consuming and we have nothing to probate than release of our individual retirement benefits.
Customer: replied 1 year ago.
Where is reply to my answer.
Expert:  S. Kincaid replied 1 year ago.
I apologize for the delay. You could use a Request for Order to ask that the pension plan be unjoined as a party given your ex-wife's demise. You would use the "Other" option instead of the custody, visitation, support or property options. However, the Court may refuse to do so because it may determine that your ex-wife's proceeds must be probated to her heirs. Does this answer your question?

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