Legal Question in Wills and Trusts in California

My father recently died via suicide. My brother is the executor of his will. My father specified in his will that I be given money from a life insurance policy of which his estranged wife was a beneficiary. I do not feel she will make good on this request. Now my brother will not share the will or the name of the life insurance company with me. What can I do? On a side note I do not feel the will is valid as he was not of sound mind when he made certain changes.


Asked on 6/15/15, 6:08 pm

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

There are a few different issues here. 1) if you don't have a copy of the will, how do you know what your dad "specified" in it 2) A will does not control disposition of a life insurance policy unless the decedent's "estate" was the beneficiary of the policy. 3) if the will is probated, all the heirs at law must receive notice of the Petition for Probate, which must have a copy of the will attached. Even if the will is not probated, the custodian of the will must lodge the original will with the court of the county where the decedent resided at time of death, and it is then public record 4) if the will is probated, you can challenge the will in court, but you need a lawyer to help you.

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Answered on 6/15/15, 8:10 pm


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