Legal Question in Wills and Trusts in California

My cousin died in December. She had a life insurance policy for $5000 on her mother (my aunt) that she owned and was the beneficiary. There was nothing else in the estate of any value. How do I change the beneficiary ? My aunt has Alzheimer's and I am her only living relative and am now taking care of her and would like to be able to use the life insurance to pay for final expenses for my aunt when the time comes. I have been making the payments since my cousin passed. Should I keep paying?

Thanks for ant help you can offer Laura


Asked on 2/13/11, 5:18 pm

1 Answer from Attorneys
Frankie Woo Fiducia Legal

This is a tough one. My best advice is to check with the insurance company and see what the policy says about transfer of ownership of the insurance. You may be able to help your aunt, who is the heir of your cousin, obtain ownership of the policy with forms from the insurance company. If you can accomplish this, after your aunt dies, you might be able to collect the money as the sole heir of your aunt. If you had a power of attorney from your aunt, it would be a lot easier. If her alzheimers has progressed to an advanced stage, you might consider serving as conservator for your aunt to help her manage both her financial affairs and her personal care. That would involve getting appointed by the court. That would also allow you to deal with this insurance policy.

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Answered on 2/15/11, 12:08 am


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