Sacramento, CA asked in Estate Planning for California

Q: In California, can a living will override my insurance policy naming my husband as beneficiary if he has a gambling addiction?

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3 Lawyer Answers
Benjamin W Scott
Benjamin W Scott
Answered
  • Woodland, CA
  • Licensed in California

A: I'm guessing that you're asking about a living trust, not a living will. A living will is a common name for the document that gives instructions for end of life health decisions.

It also sounds like you don't want your husband to get all of the money outright and gamble it away. In that case, you will want to create a living trust and make the trust the beneficiary of the life insurance policy. If you're worried about your husband gambling the money away, you'll also want to make sure that someone else is the trustee of your trust.

I recommend finding an estate planning attorney to talk with you about your available options.

Zaher Fallahi
Zaher Fallahi
Answered
  • Estate Planning Lawyer
  • Los Angeles, CA
  • Licensed in California

A: In California, "living will" refers to "advance healthcare directive", which contains your wishes regarding your care of body when incapacitated. Generally, one named as beneficiary on a life insurance gets the insurance proceeds outside the will. Consult a local estate planning attorney.

Zaher Fallahi
Zaher Fallahi
Answered
  • Estate Planning Lawyer
  • Los Angeles, CA
  • Licensed in California

A: In California, "living will" refers to "advance healthcare directive", which contains your wishes regarding your care of body when incapacitated. Generally, one named as beneficiary on a life insurance gets the insurance proceeds outside the will. Consult a local estate planning attorney.

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