Legal Question in Wills and Trusts in California
My mother had a life insurance policy that bequeathed a certain amount of money to myself and her other daughter upon her death. When she passed away all of the money went into one bank account, but she only listed herself and my sister (who is also executor of the will) on that account. Is my share of the money legally mine based on what my mother told me before she passed away or does it legally belong to my sister?
5 Answers from Attorneys
If you were a named beneficiary on the policy, it is unlikely that they insurance company would pay the whole thing into an account in your sister's name. You need to get a look at the paperwork and may need the help of a probate attorney.
First off, are you saying you were listed as a beneficiary on your mother's life insurance policy? Because if so, you should have each gotten a separate check.
You have to find out for sure if you were named as a beneficiary on the life insurance. If you were, then the insurance company should have written a check to you for your share. If not, then the proceeds go to the named beneficiary and if that was your mother's estate or no beneficiary was named then the proceeds are distributed per your mother's will or intestate succession.
I agree with the other attorneys. The issue is whether or not you were listed as a beneficiary under the life insurance, not some oral promise made by your mother.