Legal Question in Wills and Trusts in California
Payment of Insurance Policies after death.
My Wife just passed away and she had two insurance policies that were carried by the State of Cal. through Met Life. One was an optional and the other was a Basic Life. I found out the Optional was made in 1988 and left it to her Son's. One died in 1991 and Met Life said that it would roll over to her surviving Son. Met Life sent me the Basic Life because it went to the surviving Spouse and if I was not alive it would then go to her Son. I want to know does the State of California Community Property Laws have any bearing on the Basic Life policy? Can the Son take that policy away from me? Do I have any rights at all as her Husband?
1 Answer from Attorneys
Re: Payment of Insurance Policies after death.
Do I This is a second marriage in their children from the first I would assume from your question. I have dealt with the situation so many times the last 30 years that I get real tired of it bought at the same time depending upon so many different factors you may have an interest in that policy. I am not here to teach you do community property laws of the steady California. Policies of life insurance or contractual and nature in you must look to the source of the payment of the premiums (or the consideration given for the policy) such as her working for the state of California to determine what if any are your rights in the principal of the policy. At most you're right possibly to one-half of the policies principal amount. But if she was working in the policy was a an employee benefit for any period of time prior you're marriage began, any portion of that work would be deducted from the community property portion of the policy, if that community property portion exists. It becomes a crunching the numbers matter and then becomes a litigation matter. If you're really serious about this go pay an attorney to make the calculations to determine what rights, if any you have in that policy. And, just remember in most probability you won't be having Thanksgiving with your stepson anytime in the future. i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.