What is the name of your state (only U.S. law)? California
* My father, a state service retiree, passed away in Sept. 1989.
* My mother, also a state service retiree, passed away in Feb. 2004
* I was the sole beneficiary and have proper documentation attesting to this.
* Prior to my mother's passing, she and I decided to have my aunt (who resided in Oregon) be executor of my mother's estate.
* After my mother died, I contacted CalPERS (Feb. 2004) to see what I needed to do re: the balance of their retirement funds.
* I was told that a check for the lump sum of $2000, which is paid to the beneficiary, would be mailed to me but that I had to wait until Probate concluded before a check could be issued for the remainder of retirement funds, approximately $13,500 - $15,000.
* March 2005, my aunt unexpectedly dies and her son is executor of her estate.
* July 2005, court appoints me as executor of my mother's estate.
* July/Aug 2007, Probate concludes.
* Sept. 2007, I contact CalPERS, as they had instructed me to do, and was told the analyst I needed to speak with was out of the office.
* Three days later, the analyst calls and tells me that case is closed and was quite defensive from the moment I said hello. When I asked about the remainder of the funds, she tells me that a check had been mailed to Oregon in Nov. 2006 and the case was closed. I asked her who the check was made out to, and she stated she did not have the file in front of her and the matter was closed. The end.
* I tried calling my cousin, emailing and sent return receipt certified letter and have never received a response from him. He did sign for the letter.
* I contacted the Probate Attorney asking what was going on and she tells me that the retirement funds should never have been included in Probate and if I want her help I would have to pay another fee - I had already paid her AND my cousin, $8,000 each.
* CalPERS recognized me as sole beneficiary and sent me $2,000 lump sum death benefit but sends the retirement fund check to my deceased aunt?
* CalPERS told me initially that I would have to wait until Probate concluded (July 2007) to receive the remainder of my mother's/father's retirement fund, yet they mailed the check Nov 2006 to my deceased aunt?
I have both my parent's wills and civil service personnel paperwork, designating me as sole beneficiary and even without that, by right of succession, the check should have been paid to me. I medically retired from state service and can't afford to hire another attorney.
I contacted McGeorge School of Law but was told the students could not handle this type of case and I contacted the Legal Aid Office only to be told it isn't something they could help me with. So, I don't know what else to do other than to appeal and plead with numerous local law firms.
This error on CalPERS part needs to be corrected and they need to be held accountable for their mistake instead of sweeping it under the carpet and brushing me off.
Could you please help me?
Sorry, it's so long.
* My father, a state service retiree, passed away in Sept. 1989.
* My mother, also a state service retiree, passed away in Feb. 2004
* I was the sole beneficiary and have proper documentation attesting to this.
* Prior to my mother's passing, she and I decided to have my aunt (who resided in Oregon) be executor of my mother's estate.
* After my mother died, I contacted CalPERS (Feb. 2004) to see what I needed to do re: the balance of their retirement funds.
* I was told that a check for the lump sum of $2000, which is paid to the beneficiary, would be mailed to me but that I had to wait until Probate concluded before a check could be issued for the remainder of retirement funds, approximately $13,500 - $15,000.
* March 2005, my aunt unexpectedly dies and her son is executor of her estate.
* July 2005, court appoints me as executor of my mother's estate.
* July/Aug 2007, Probate concludes.
* Sept. 2007, I contact CalPERS, as they had instructed me to do, and was told the analyst I needed to speak with was out of the office.
* Three days later, the analyst calls and tells me that case is closed and was quite defensive from the moment I said hello. When I asked about the remainder of the funds, she tells me that a check had been mailed to Oregon in Nov. 2006 and the case was closed. I asked her who the check was made out to, and she stated she did not have the file in front of her and the matter was closed. The end.
* I tried calling my cousin, emailing and sent return receipt certified letter and have never received a response from him. He did sign for the letter.
* I contacted the Probate Attorney asking what was going on and she tells me that the retirement funds should never have been included in Probate and if I want her help I would have to pay another fee - I had already paid her AND my cousin, $8,000 each.
* CalPERS recognized me as sole beneficiary and sent me $2,000 lump sum death benefit but sends the retirement fund check to my deceased aunt?
* CalPERS told me initially that I would have to wait until Probate concluded (July 2007) to receive the remainder of my mother's/father's retirement fund, yet they mailed the check Nov 2006 to my deceased aunt?
I have both my parent's wills and civil service personnel paperwork, designating me as sole beneficiary and even without that, by right of succession, the check should have been paid to me. I medically retired from state service and can't afford to hire another attorney.
I contacted McGeorge School of Law but was told the students could not handle this type of case and I contacted the Legal Aid Office only to be told it isn't something they could help me with. So, I don't know what else to do other than to appeal and plead with numerous local law firms.
This error on CalPERS part needs to be corrected and they need to be held accountable for their mistake instead of sweeping it under the carpet and brushing me off.
Could you please help me?
Sorry, it's so long.
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