Legal Question in Wills and Trusts in California

Father was a govenment employee and had a life insurance policy. He is recently deceased and the policy states that since he was not married and did not name a beneficiary that the money will go to his two surviving adult daughters. A paralegal that works for an attorney has told the girls that the money will not go to them but to their fathers estate. Shouldn't the money go to the girls as the policy stated?

Asked on 7/12/10, 12:38 pm

3 Answers from Attorneys

0 users found helpful

0 attorneys agreed

That would be an unusual provision of the policy to have. Generally a life insurance policy with no living named benficiary is paid to the estate. If, however, the policy really does say that, then the policy governs what is paid out to whom under its own terms.

Answered on 7/12/10, 3:44 pm

Mark as helpful

Michele Cusack Pollak & Cusack

0 users found helpful

0 attorneys agreed

Often when there is no beneficiary designated on a life insurance policy, the policy proceeds would go to the deceased's estate, and might have to be probated (depending on the amount of $$ involved) but if the policy itself makes the surviving children the default beneficiaries, that should control.

Answered on 7/12/10, 3:46 pm

Mark as helpful