Legal Question in Wills and Trusts in California

If Life Insurance is a non-probate transfer what provisions as in section (e) of 2-804 prevent it from it being used in a case against an ex-wife that remained as a beneficiary. My attorney says Life Insurance cannot be used as a non-probate transfer in Federal court?


Asked on 7/14/15, 11:47 am

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

The Uniform Probate Code isn't the law in the State of California and it's not federal law either, so section 2-804 is completely irrelevant to a decedent's estate in California, even in proceedings in federal court. California law will comply unless the insurance is under federal jurisdiction such as with FEGLI and VGLI. What you are looking for is California Probate Code ��5600-5604, assuming that the deceased resided in California upon his or her death.

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Answered on 7/14/15, 1:10 pm


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