What is the name of your state (only U.S. law)? Los Angeles,California
Husband's Mother and StepFather filed for dissolution of marriage in 2004. Final Judgement was not signed by judge and mother's signature is nowhere on documents. There is no documentation regarding marital settlement either.
Mother has a retirement fund with LAUSD (School District) and began drawing her pension several years ago b/c of disability. Mother died 2008 without a will.
Husband's Mother and StepFather filed for dissolution of marriage in 2004. Final Judgement was not signed by judge and mother's signature is nowhere on documents. There is no documentation regarding marital settlement either.
Mother has a retirement fund with LAUSD (School District) and began drawing her pension several years ago b/c of disability. Mother died 2008 without a will.
Is it true that Stepfather is entitled to 50%, eldest son entitled to 25%, youngest son entitled to 25%?
If Retirement account balance is less than $100,000, can I submit a Declaration pursuant to CA Probate code Sec. 13100-13115 to obtain Eldest Son's share of the account?
If Retirement account balance is more than $100,000, do I have to work with a Probate lawyer in order to cashout/close the account and divide assets amongst all 3 parties?