SDI appeal claimant deceased

[Je5p]

My husband filed an appeal for his denied continuation of California state disability insurance benefits after filing it late. There was a long wait period for the appeal hearing and he passed away before one was scheduled. I received a notice in the mail with a date and time for the appeal hearing. Is this something I can attend in his place?

 

[zddoodah]

How long ago did he die? Have you filed to probate his estate and been appointed by the court as personal representative of his estate? If not, do you intend to do so?

Regardless of how you answer those questions, you can attend, but the answers may influence how the hearing proceeds.

 

[Je5p]

He died in February 2023 but the appeal was filed in July 2022. There was a trust that appointed me representative of his estate.

 

[Zigner]

He died in February 2023 but the appeal was filed in July 2022. There was a trust that appointed me representative of his estate.

A will can nominate you, but only a court can appoint you as representative of the estate. If you haven't been appointed representative of his estate through the probate process, then you cannot act on behalf of his estate.

Note that the trust is not the estate. They are separate legal entities.

 

[LdiJ]

A will can nominate you, but only a court can appoint you as representative of the estate. If you haven't been appointed representative of his estate through the probate process, then you cannot act on behalf of his estate.

Note that the trust is not the estate. They are separate legal entities.

This is the case of a surviving spouse though, and depending on how their financial lives were set up there may have been no reason for probate or for an estate to be set up.

It would probably be in the OP's best interest to get a quick consult with a local probate attorney. Its possible that she would need to open probate now, even if it wasn't necessary for anything else if she wants to proceed with the appeal.

 

[Zigner]

This is the case of a surviving spouse though...

Yes, and the surviving spouse will need to be appointed administrator of the estate in order to take steps related to the claim.