Legal Question in Wills and Trusts in California

Remaining Burial Insurance Funds
My mother recently passed and had me listed as the beneficiary on a small burial insurance policy. I cared for and supported her for the past 6 years and she was comforted in knowing that of 8 children, I would be the one to ensure that her final wishes were carried out. She did have a will but all assets had been depleted prior to her death. My sibling, the executor is now telling me that I must turn over the remaining funds to distribute among all the siblings as the will states that all assets are to be divided equally. I had discussed my intent with mom prior to her death and she asked that I not distribute any of the remining funds to the 5 children that abandonded her 6 years ago after my fathers death. I understood this to be an insurance settlement payable to me. Is the insurance policy listing me as beneficiary part of mom's assets? And am I obligated to divide it equally?

Asked on 6/14/08, 11:42 am

2 Answers from Attorneys

Frankie Woo Fiducia Legal

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Re: Remaining Burial Insurance Funds

You are correct. The insurance policy is NOT part of your mother's estate. If the policy list you as the sole beneficiary, then you are the only one to get the money. The will does not control this insurance policy. So you are not obligated to divide it equally.

Answered on 6/14/08, 11:52 am

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