PathAfter FAQ
Pension, Retirement, and Investment Accounts
Focused answers for people handling the first days, paperwork, and follow-up steps after a death in California.
Start checklistSurviving spouse, financial predators, and digital estate
How do I claim my spouse's pension?Contact the pension plan administrator — usually the deceased's former employer or union. Ask specifically: is there a survivor benefit, what is the amount, who qualifies, and what documentation do I need? Most pension survivor benefits require marriage at a specific point…What if my spouse chose a pension option with no survivor benefit?Some pension elections at retirement permanently reduce or eliminate survivor benefits. Review the election paperwork. If they chose a single-life annuity, payments stop at their death. Some plans allow a window to change the election before retirement — after death, options are…How do I claim their 401k or IRA as a surviving spouse?Contact the plan administrator or brokerage. As a surviving spouse named as beneficiary, you have a unique option: you can roll the account into your own IRA and treat it as your own, or you can keep it as an inherited IRA…What is a spousal rollover of a retirement account?Rolling an inherited retirement account into your own IRA. This allows you to defer required minimum distributions until your own RMD age, choose your own beneficiaries, and continue tax-deferred growth. It is generally the most tax-advantaged option for most surviving spouses —…What if I was not named as beneficiary on their retirement account?As a surviving spouse, you generally have legal protections. Federal law (ERISA) requires most employer-sponsored retirement plans to name the spouse as beneficiary unless the spouse signed a written waiver. If someone else was named without your written consent, you may have…What about their Roth IRA?Same spousal rollover rules apply. Rolling into your own Roth IRA is generally the best option for a surviving spouse — no required minimum distributions during your lifetime, tax-free growth, and you can name your own beneficiaries. Consult a financial advisor about…What if the retirement account had no named beneficiary?It goes through the estate. Depending on the plan rules, the estate may receive a lump sum. Without a named beneficiary, the favorable inherited IRA rollover option may not be available — the account may have to be distributed faster and taxed…What about stock options or restricted stock units (RSUs) they had from work?These are often time-sensitive. Some expire, vest, or have specific treatment at death. Contact the employer's equity compensation team or stock plan administrator immediately. Missing deadlines on stock options can mean losing significant value. Bring a death certificate and ask specifically about…What is a QDRO and do I need one as a surviving spouse?A Qualified Domestic Relations Order is a court order used to divide retirement accounts in divorce — not death. As a surviving spouse, you do not need a QDRO. You claim retirement assets through the beneficiary process or probate, not a QDRO…Should I consolidate all their financial accounts into mine right away?Not necessarily. Take time to understand each account's tax treatment, beneficiary implications, and any fees or penalties for early withdrawal or transfer. Some accounts are better left as inherited accounts for a period. A fee-only financial advisor (one who does not earn…