Can my sister get any money from my stepmother, who was the sole beneficiary for most of my dad's life insurance policies?
Long Beach, CA
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Posted 10 months ago in Probate
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My father died July 2008. For some reason, my sister and half-brother were not named as beneficiaries to anything However, my half-sister, stepmom, and I were. Actually, my stepmother was the beneficiary to a great majority of my dad's life insurance money. My dad had three life insurance policies. My stepmother has no intention of giving anything to my sister. My dad's estate has been going through probate since mid-October. There was supposedly no will. My sister has a one-sixth stake in my dad's estate. What should she do or how should she begin? Basically, is there any way whatsoever for my sister, who is an heir, to force my stepmother to give some kind of money? Can my sister request that she be paid out, essentially giving up her one-sixth stake in my dad's estate? The probate lawyer is not very helpful; he sides with my stepmom because she's the one to pay him at the conclusion of probate! Any help would be greatly appreciated.
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Answers (1)Frank Chih-I Chang
This attorney is licensed in California.
Posted 10 months ago.
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Your sister is probably out of luck with regards to the insurance benefits. If your dad died intestate (meaning without a will), his probate estate will be divided among his heirs. However, the question becomes what is and what isn't part of his probate estate.
Generally, insurance policies are not part of the probate estate. As long as the beneficiary designations on the insurance policies are valid, the insurance companies are contractually obligated to pay the benefits to the designated beneficiaries. It sounds like there were beneficiary designations on the life insurance policies, so those benefits are not part of the probate estate.
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