Legal Question in Wills and Trusts in California

Re: Will Fraud

It depends on the way the life insurance was to be paid out, but there is the possibility of fraud and liability.

Life insurance is generally outside the realm of an estate or Probate because the policy itself contains named beneficiaries. However, if the named beneficiary was her own estate to be paid out in accordance with the terms of her will, then, yes, you have a valid argument. A further review of the policy and the will would be necessary to be more precise.

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Yours Truly,

Scott Linden

Re: Will Fraud

It depends. There are a lot of factors at play here, not least among them that life insurance can pass outside of probate and not be covered by the will. It depends on how things are set up. I would recommend you see an attorney, bring in a copy of the life insurance (if you have it) and a copy of the will. There is a good chance that you and your sister are entitled to split one third of the check. On the other hand if the insurance policies name your aunts as beneficiaries and not you and your sister, they might be completely within their rights.