Legal Question in Wills and Trusts in California

I have been estranged from my mother for a couple of years. She died in September and I wasn't notified I learned about in genealogy. I am her only child. She was living with her mother and granddaughter and I believe one of them may have her power of attorney. They refuse my calls and won't even tell me how she died. I know she had a will but I do not have a copy. She also had $50,000 life insurance. Do I have any legal rights on her estate? What do I need to file a claim?


Asked on 11/18/11, 11:00 am

1 Answer from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

If she died intestate (meaning without a will) you may be entitled to all or a portion of her property. If she died testate (meaning with a will) and you were not named as a beneficiary in the will you get nothing. As for trhe life insurance, if you were named as a beneficiary, you would be entitled to something. If you were not named as a beneficiary, you would get nothing as the insurance contract itself determine who receives the proceeds of the policy.

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Answered on 11/18/11, 11:21 am


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