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?

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1 Lawyer Answer
Elroy Schneider
Elroy Schneider
  • 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.

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