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  1. #1
    Join Date
    Jul 2008
    Posts
    1

    Default California Pension Law

    Sorry if this is in the wrong section, but this is concerning my mother and my father.

    My mom and dad do not have any sort of marriage certificate, but my mom listed my dad as a beneficiary for her pension should anything ever happen to her. Right now, my dad gets 50%, I get 25%, and my brother gets 25%. Unfortunately, my father is not a very good person with a few problems, and my mom wants to change the plan to me receiving 50% and my brother receiving 50%. Her company told her the only way to change it, is to have my dad agree and sign the consent form, but he is not willing. Is there any other way to do this without his consent?

    One other question: we currently live in a duplex and on paper, the owners are: my mom, my dad, and the husband and wife next door. My dads debt is growing at an alarming rate, and my mom wants to consider removing his name from our house. She doubts adding my name would be a good idea since they would have to start paying the current interest(?) rate. But she is afraid if she takes off my father, and if she dies, our neighbor would take everything and leave us with nothing. Could this happen or if she dies, it would go to me and my brother? Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    71,760

    Default Re: California Pension Law

    If the pension plan administrator says your mom needs your father's consent for the change, it's reasonable to assume that she needs consent.

    How do you expect that your mother could remove your father from the hosue title without his cooperation? Why would he sign away his rights to the home? Why are the neighbors on the title?

    Your mother should consult a lawyer.

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