Legal Question in Wills and Trusts in California

A life insurance policy is separate from the assets covered by a Will, as upon the death of the person the benefits are "transferred" to the persons named under the policy and the deceased no longer owns the policy [looking at it another way, the agreement is that if the person taking out the policy does not cancel it before there death, it is a contract to pay to named beneficiaries a certain sum upon death of the policy holder but the policy holder has no right to any money]. The policy must name a beneficiary and that person collects all the money due; if that person is already dead then it should go to the heirs of that person.

If you were actually named as the beneficiary or are the sole heir of the person named, the money should all be yours. I suspect the agreement is an annuity which is a agreement to pay a certain amount periodically to the person buying the plan. That would be an asset of the estate. It would explain why the insurance company started paying you [it was unaware of the probate] and then paid the estate.

If it was a life insurance policy you have a case. You need to carefully read the document, and call the administrator of the estate to find out why the money was treated as part of the estate and not given to you. You should also contact the life insurance company .If you still are unsure, see an attorney. But remember that if you remind the administrator that you were directly paid some money and they did not debt that sum as to the amont you got from the Will/estate, they might ask for part of the money back. If the administrator argues the probate has already been closed, if the estate wa not entitled to the money then you can argue it held it is trust for you and yor causes of action are not barred by the statute of limitations. But do not continue to sit on this matter; the longer you wait the less likely you will succeed.