Legal Question in Wills and Trusts in California
My dad just died and my parents were separated. My dad had voiced for many years that he wanted me to be financially taken care of. I hate the topic of money but feel like my mom is hiding things from me. She told me he didn't have any life insurance but I discovered his beneficiary designation statement naming my mom and I both as primary status but I'm at 75% and she's at 25%. He had basic life and been paying into supplemental life insurance on a plan 3x annual salary. We're talking about a substantial amount of money. He also had supplemental AD&D insurance $195,000 employee and family. I don't want to bring this up to my mom, but wouldn't I eventually be contacted at some point by someone? I did notice my contact address is listed as my moms address. He just passed on Nov 25th and we don't have the death certificate yet. How does this work? Is this something my mom could hide from me?
4 Answers from Attorneys
You typically have to contact the life insurance company yourself to make the claim, so give them a call. Your mother can try to block the claim from being paid, but she'd have to go to court to do so and you would receive notice, so that likely hasn't happened (though it still could). So, I'd recommend contacting the life instance company and starting the claims process for your share immediately.
I agree with the previous counsel advice, but would add that you obtain probate litigation counsel to assist you in this matter, as I see some poential for litigation between you, your mom, and maybe the insurance carrier, unless the carrier interpleads the funds into court to let the court decide as to who is entitled to what share of the insurance proceeds.
How old are you?
i would also add that if your address with the insurance companies is listed as your mom's address, she could easily hide things from you. You need to contact the insurance companies immediately.
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