Legal Question in Wills and Trusts in California

Re: california small estate claims

Are you the only surviving child of your mother? Since she is named as the beneficiary the payment from the insurance goes to her outside of any probate and then via probate to her heirs. If the proceeds are less than $100,000 you do not have to file for probate. Go to the insurance company and talk to some one higher up in authority to find out precisely what they need to give the funds to you [death certificate for both, proof of only two children, etc.]. That you paid the premiums are of no importance, although I wonder why they allowed you to have an insurance policy on your brother as you had no insurable interest. It probably is best not to mention you paid the insurance.