Legal Question in Wills and Trusts in California

Re: 100.000 was to split 50/50 when father died. my son got 00 not even his 50

Thank you for your posting.

I am not sure that your question is completely clear. For one thing, it refers to death insurance -- and for purposes of this answer, I have to believe you mean life insurance, as I do not know what death insurance means.

You also mention that they "gave us no right to his cremation". I have no idea what that means.

If there was a life insurance policy, the life insurance company has a duty to pay upon death, only to the named beneficiaries. This typically, at least in California law, is done outside of any probate or trust proceedings, which are separate. Your son may have a claim, and depending on where the estate was probated, (for example, Canada) there may be different laws and time periods that apply, so you will want to act quickly.

For the life insurance policy, however, you would not be entitled to that money unless and until you prove that you were a named beneficiary on the policy.

I hope that this information helps, but if you have other questions, need further information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can