QUESTION
If my sister and I are beneficiaries of my mom's policy, does my dad get 50% of it regardless? (California)
Asked on Sep 26th, 2012 on Estate Planning - California
More details to this question:
Law offices called demanding that I send the check back because my dad is entitled to 50%, regardless of the circumstances of how he treated us and such. Is this true? How can we solve this? My mom did not want my dad to receive any of the money.
4 ANSWERS
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If Mom's life insurance policy named you and your sister as the only beneficiaries, and the insurance company paid you, then you probably are not obliged to share any of the proceeds with your father.
Answered on Sep 28th, 2012 at 11:47 PM
You should hold on to the money and request that they prove Dad's interest before giving up anything. Whether or not the policy is community will be decided by facts that are not stated here. You should consult a probate attorney to review all of the facts and advise you.
Answered on Sep 26th, 2012 at 5:12 PM
General Practice Attorney serving Glendale, CA
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Law Office of Michael Stafford
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The proceeds of an insurance contract are governed by contract law and not probate. You may be entitled to all of the proceeds. You should consult with an attorney to determine your rights.
Answered on Sep 26th, 2012 at 5:05 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to obtain the services of a probate litigation lawyer to defend against any claim of your father re the insurance proceeds; do not send the check back until you have good legal advice to consider your options.
Answered on Sep 26th, 2012 at 5:05 PM