The policy is for $250,000 and I am not happy that she told me it was to protect me, which turned out to be not true at all.
Yes, you have rights if she used community assets to pay for the policy. You may be entitled to a portion of the policy
You are in a community property state, so you'll want to retain a life insurance lawyer, so Google "life insurance lawyer" to find one to investigate.
sorry for your loss. contact an estate attorney in your area. they will provide the best advice.
Last year, the California Supreme Court decided a case on very similar facts, entitled In re Marriage of Valli. In Valli, the Court held that if community property funds were used to purchase an insurance policy, then the insurance policy was deemed community property regardless of how it was titled. In your case, that would mean that you wife could only dispose of her half of the policy and not all of it. This would most likely make her son and you the equal beneficiaries to the policy. However, there may be significant differences between Marriage of Valli and your case. Specifically, Valli did not involve a term insurance policy. Further research might provide more clarity. However, I tentatively believe that your claim to half of the term policy is quite strong. Feel free to contact me if you would like to pursue this matter. I am in Los Angeles too.
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