rETIREMENT FUNDS SENT IN ERROR!

[thsislegal]

california -

* Parents both worked for the
State and had calPERS Ret Funds.
* Father died in 89 and mother
rec'd monthly pension.
* Mother died in 2004.
* 1 Sister who died in 76 and one
niece who was legally removed
from my mother's will.
* I asked my aunt to be the Executor and court appt.
* Mothers estate was over 100,000 but no Living Trust so Probate.
* Upon mother's death I contacted DalPERS. They recognized me as
sole beneficiary and sent lump sum death benefit $2000 and
said when Probate was over to contact them for the remaining
balance which is approx $13-$15,000.
* Aunt dies suddenly in 3/05.
* Petitioned court and I was appt Executor.
* Probate concluded appx. July 06.
* I asked our attorney about contacting CalPERS. She then tells
me the retirement funds were never a part of Probate?
* I contact CalPers as they had instructed me to do in 2/04.
I'm told the case is closed???
* I ask what happened to the money & was told a check had been
sent to Oregon (where aunt lived) in Nov. 05. I asked to whom
the check was made out to-she said case saud "I dont have that
file with me and the case is closed and hung up on me.
* I waited three days for this woman who apparently worked on
the case to return my call and she was highly defensive from
minute one, on the phone.
* Conacted my cousins and they will not return calls, emails so
sent cert ret receipt letter and still no contact. My moms
banking documents are still up there and can get no response
back.

I was told possibly an Admin Law atty is needed and all I know is I am on medical disability and cant afford to pay even $20 much less $250 an hour atty fees and to make matters worse, am about to lose my home.

There is also 25,000-$75,000 that went missing from my mom's bank accts and is tied in with Aunt being executor and her son named excutor of her estate - but that is for another post. One thing at a time.

Please help !

 

[tecate]

Contact your local bar association to find out if someone will work for you on a contingency or a reduced rate, or even pro bono.

My guess the last sentence of your post is why Calpers closed the file and why you don't have the $$$.

 

[Dandy Don]

Yes, contacting a local legal association to ask for pro bono help is the place to start.

You were seriously misadvised by your first attorney. You had the authority as executor to ask CALPERS for a copy of the form in which your mother designated a beneficiary and for a copy of the check. You can still do so today (by sending them a certified letter) if you have a certified copy of your letters testamentary that were issued to you by the court, or you could go to the court to get a replacement copy now. But perhaps it's better if you let your new attorney write the letter on your behalf so CALPERS will be more likely to respond.

CALPERS may have now realized that they made an error in issuing the check to whoever they issued it to and they are stonewalling you. If you get an attorney who knows how to antagonize CALPERS until he gets results for you, a correction may be able to be made on this without your having to file a lawsuit against them. Unless aunt had been named as the only beneficiary of this money (which is highly unlikely), she may have committed fraud and/or lied in order to claim it.

At least CONSULT with a few attorneys until you find one willing to help you. First consultation is usually free just so they can evaluate your case, but it should be fairly easy to find an attorney who will help you pro bono or delay a fee until you have received your money. It's a fairly simple matter that can be easily resolved.

Did your aunt also have power of attorney granted before your mother died that gave aunt permission to handle mother's finances? You also have legal authority as executor to ask the BANK for your mother's bank account records (even though you will have to pay for that information if you request it now, as they have to search through microfilm records to print the bank account records), but first discuss everything with an attorney before you proceed.

Hope this works out well for you!

DANDY DON IN OKLAHOMA ([email protected])

 

[thsislegal]

Don thank you for your response. I contacted the ONLY PRO BONO Legal Aid Clinic here in Sacramento, CA and they no longer handle probate, wills, etc cases.

So I am going to have to make some calls to see if I can find an atty to handle on contingency.

My question is this: Being that the issue is with CalPERS - (state retirement) amd I going to make calls to Probate Attys or Administrative Law attys.
\
And yes, my aunt had access to my mother's funds but the probate atty started this mess by including my mothers checking and svgs etc as part of probate when in fact I should have had access to the moment she died. But that is what I said at the end of my post - that is separate from this ( in a sense).

As far as the retirement funds go CalPERS should never have sent that check to my aunts residence. I have the documents that designate me as the beneficiary and both wills of my parents.

Even if there was no will, I would think that assests would have to be distributed by the state in order of succession i.e., myself, my niece (but she was cut out of will) etc.

So at this point I am wondering what type of atty to start calling ?

Thanks again