Legal Question in Wills and Trusts in California

Small claims probate

My brother passed away without changing his benefituary on his life insurance.( it was my mother who is decease) I have been paying his insurance for 15 yrs. The insurance company said I have to file a small claim probate with the courts. Do I need a lawyer or can I do this myself. Besides the death certificate what else do I need?


Asked on 5/12/09, 9:48 pm

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

Re: Small claims probate

If all of his estate including life insurance is under $100,000, you can submit a small estate affidavit to the life insurance company to collect the proceeds.

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Answered on 5/12/09, 10:08 pm


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