Legal Question in Wills and Trusts in California

Re: Life Insurance/Probate

If you do need to hire a California attorney to handle the probate, this can be done by telephone and fax. There is no need for anyone to travel to California to hire an attorney to handle probate.

In California, probate can be avoided if the assets in question are less than $100,000. I am not sure what the value is of the life insurance policy.

Also, if the son was the beneficiary of the insurance policy then his estate should handle this.

Please contact the attorney who handled the son's estate or contact an attorney in the county/state in which the son lived in for advice.

Please also be informed that the life insurance policy may have a length of time in which a claim can be made. If this time passes, the insurance company might not make the payment per the contract. Please keep this in mind.

I hope this helps.

Re: Life Insurance/Probate

You have not given enough facts to know who the beneficiary of the life policy really is. If the son was the named beneficiary, then his estate may be the beneficiary of the policy. The benefits of the life insurance would have had to be made payable to your MIL's estate in order for her Will to have affect on who gets the money. If the proceeds of the policy are less than $50,000, probate can be handled informally and probably only requires the filing of an affidavit. You can contact my office if you would like help in collecting the proceeds of the insurance policy.

Re: Life Insurance/Probate

Is her granddaughter the daughter of the son who passed away? These funds should actually go to the estate of the deceased son, and then distributed according to his will, or if there was none, according to intestate succession. There is a possibility that it can be done without probate, depending on the actual amount.

Re: Life Insurance/Probate

Contact an attorney in the county your MIL died. Call me directly at (619) 222-3504.