Legal Question in Insurance Law in California

Re: Leaving out a kin in life insurance claim?

To answer your last question first, yes the insurance company does care. It has an obligation to make sure that the correct beneficiaries are paid and if not, it might be forced to pay the full amount all over again and you could be penalized by not recovering anything from the life insurance. This is not a good option for you to follow as it could expose you and your siblings to a lawsuit for fraud.

The best course of action would be to file a lawsuit for conversion (civil theft) from the 'thief sibling' with the knowledge that the proceeds from the life insurance policy would be available as a source of funds for the 'thief sibbling' to pay you back.

Re: Leaving out a kin in life insurance claim?

The insurer does care, and so will the probate court. Your surest option is to re-open the estate, vacate the executor's authority to act and get another child appointed, the estate will collect the proceeds and then surcharge (sue) the former executor for his "theft" so he has to put funds back into the estate. His share might be charged with the attorney's fees this will cost.

If you go to the insurer, the executor might be the one the funds get paid to since there was no named beneficiary. It is not automatic that the decree of distribution will be honored by the insurer, so you won't know until you have disclosed matters to it.

Get a lawyer to do this for you.

Re: Leaving out a kin in life insurance claim?

Hmmmm. Get even with a thief by stealing from him? You would be well advised to follow the counsel of the previous two attorneys who gave you specific information about dealing with the probate and the insurance carrier. You should be ashamed to have proposed doing to your brother exactly what he did to you and the other siblings - but completely behind his back and without his knowledge! Consult an attorney who can give you better options than "eye for an eye" vigilantism.