Q: Question is about disclaimed property, specifically a life insurance payout.
My brother refuses life insurance payout, it is now being sent from insurance company to state of California per the law. If it is disclaimed money, can I, his sister, claim it for the trust our mother left us.
A:
If it is disclaimed by the primary beneficiary and there is no contingent beneficiary then it should go to your mother's estate. If your mother did not have a will then you probably stand to inherit all or a portion as an intestate heir. If she had a will then it would be distributed in accordance with her will. If it was a pour over will you might be able to avoid a full probate by convincing the court to just order the money to be paid to her trust. Or you might be able to avoid a full probate if the value of her probate estate is small enough. Either way your best bet is to hire a California probate attorney to assist you. The attorney fees are usually paid by the estate.
I am licensed in CA and five other states.
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