Legal Question in Insurance Law in California

Utma law

What if; a couple is married, the husband has a term life ins policy and names his minor child the beneficiary. Husband dies. What forms, legally, does the wife need to complete to collect the life insurance policy for care for the child? Child is the natural child of both parents.


Asked on 8/27/08, 5:39 pm

1 Answer from Attorneys

Steven Murray Steven W. Murray, APC

Re: Utma law

If the policy was community property, one-half the proceeds would belong to the surviving spouse unless she agrees to have it go to the child. The mother is the natural guardian, but the insurer probably will want a formal guardian of the estate of the child. Perhaps the insurer will pay the proceeds to the mother under the Calif. Uniform Gifts to Minors Act, and eliminate the need for a court proceeding to get an estate guardian. If so, the birth certificate is probably all the insurer needs to prove parentage. The insurer will advise the mother what it wants.

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Answered on 9/02/08, 3:50 pm


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