Legal Question in Wills and Trusts in California

Re: Auto insurance check

Unfortunately, without a written will, trust or contract, your mother's estate will be divided according to the state of California's rules, which are: equal distribution to her living children, with any deceased children's children taking that deceased child's share. If your mother was married at the time she passed away, her husband is also entitled to a share.

Thus, in this case, if your mother's wishes were different than the state's plan, you can implement them only with the consent of all the heirs.

Re: Auto insurance check

typically in order for you to be able to act as a trustee of sorts in distributing the assets of your mother's estate, a written trust intrument would have had to have been executed by your mother which would ascertain the specific beneficiaries to receive the corpus of her estate, including the insurance proceeds. however, if you have any written evidence showing the existence of your oral agreement with your mother, you may be able to present that as evidence before the state determines who all gets what, absent a will. the other alternative may be to have an attorney try to negotiate with your sister on your behalf in an attempt to reach an equitable written agreement reflecting your mother's wishes as communicated to you before her untimely passing. if you would like further legal assistance in this matter, feel free to email me directly and let me know what exactly your sister once out of these proceeds in relation to the rest of you, and i may be able to help you.