Legal Question in Wills and Trusts in California
My father and I handled all his girlfriends legal and medical affairs since her stroke via medical and durable power of attorney.
she had an insurance policy listing him as beneficiary. he died before she did, so the benefit reverted back to her.
After my fathers death in 2005, I assumed all his duties, and all her bank accounts were changed to have her and i in joint tenancy to facilitate paying for her care. she died in 2010.
An insurance company has contacted me, but is asking for:
Life Insurance Claim Statement for Beneficiaries completed by the court appointed, Personal Representative or Executor of the decedent's estate." I do have that form, but am not sure of how to fill it out correctly
"Letters of Administration/Testamentary or other court document appointing the estate's Personal Representative or Executor (please note, a copy of the will or power of attorney is not acceptable documentation)." no idea how to get that done
2 Answers from Attorneys
They are asking you to initiate a formal Probate and the money from the insurance would be paid to the Probate Estate. The question is who are the heirs for her Estate? Are you named in her Will? Is there a Will? I believe that you will need to hire a lawyer to navigate a Probate filing for you. There are numerous details and notifications involved. I would be happy to assist you further.
They expect you to establish the formal Probate process now. I would not recommend doing any of this on your own if we are talking about substantial assets and multiple beneficiaries. Through probate, the insurance will eventually be paid to the "Probate Estate".
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