San Diego, CA asked in Estate Planning and Consumer Law for California

Q: How long does the beneficiary of a life ins. policy need to survive the insured to receive benefits from them?

My mom passed away 2 weeks after my grandma. Did my mom inherit her portion of the policy? If so, if my mom has no will, who will receive my mom's share?

Related Topics:
1 Lawyer Answer
Elroy Schneider
Elroy Schneider
Answered
  • Estate Planning Lawyer
  • Oxnard, CA
  • Licensed in California

A: You will need to review the policy to see if there are any survivorship requirements. Usually there isn’t. Depending on the size of your mother’s estate, including the insurance proceeds, and if she owned real property, you may need to initiate a probate. Without a will, her spouse will inherit if the proceeds are community property. If separate property, spouse will share with her children. If no spouse, the children will inherit equally.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.