I'm in Louisiana, but typically, the beneficiary of an insurance policy will get the benefits. Estate laws do not apply to insurance policies with named beneficiaries. The only way to become a beneficiary is to have the policy holder add you as a beneficiary. You may want to consult with a local estate lawyer in your state. But generally, the named beneficiary gets the money. Good Luck.
I agree that normally what is required is that your mother change her beneficiary designation on her policy naming you as a beneficiary. Otherwise the policy will pay the beneficiary and there is not an asset to pass through the will.
This information is provided for general informational purposes and is not intended as legal advice. An attorney licensed in your jurisdiction can answer questions specific to your specific fact situation and provide you appropriate advice as necessary based on the specific facts of your matter and the jurisdiction in which you reside. If you are in Arizona and interested in discussing your matter further I can be reached at: (480) 838-9000 Mark D. Fullerton, P.C. 1839 S. Alma School Road, Suite 275 Mesa, Arizona 85210
Have your mother change the beneficiary ASAP and name you. That is all that has to be done.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
The issue will be to determine who "owns" the policy. A person can purchase a life insurance policy on someone else's life. Your father might own the one policy, and he makes the premium payments, but your mother is the insured. In that case, your mother has no right to change the beneficiary; only your father could change it because he is the owner. You mother should simply call the insurance carrier or local agent to determine her options.