Legal Question in Wills and Trusts in California

Providing your father has no other issue, then the pension should pass to you both equally. Because life insurance is paid after a person's passing, it is never actually part of their estate. Therefore, it is not subject to Probate and passes to the named beneficiary. Unfortunately, if your father's wish was for the money to be divided equally, he should have named you both as beneficiaries with 50-50 shares. Because he did not, the money does pass entirely to your sister. One potential issue is timing. If the policy was created prior to your birth, you might have an argument that you were unintentionally left out, but it is still a difficult hill to climb.

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