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administrator of estate

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messica

Junior Member
What is the name of your state (only U.S. law)? California

mother died without will (2005)
found previously unknown life insurance policy with grandmother listed as beneficiary
however grandmother deceased (1972)

i am only known heir to grandmother
mother married for 2 years before she passed away.
i am only child/ no other blood family (stepchildren ect.)
unknown whereabouts of spouse.

how do i become administrator of estate? only known property is life insurance policy.
how will probate work?
 


Betty

Senior Member
What is the name of your state (only U.S. law)? California

mother died without will (2005)
found previously unknown life insurance policy with grandmother listed as beneficiary
however grandmother deceased (1972)

i am only known heir to grandmother
mother married for 2 years before she passed away.
i am only child/ no other blood family (stepchildren ect.)
unknown whereabouts of spouse.

how do i become administrator of estate? only known property is life insurance policy.
how will probate work?
Do you know if life ins. is in force? Was anyone paying premiums? If no one was paying premiums, depending on the plan, the policy might have lapsed without value, lapsed but have a cash value or be a fully paid up policy at time of your mother's death. Did you contact the ins. co.?

Generally (though depending on policy provisions), if there is no beneficiary listed or the beneficiary dies before the insured, any proceeds go to the estate of the insured (your mother's estate). If you have not already done so, you will need to contact the ins. co. to see if any proceeds are payable & who they will be payable to since grandmother is deceased. If it's your mother's estate, you most likely will have to open probate (probably a simple probate) in the probate court in the* state where your mother lived.

You really do need to talk to the ins. co. & read the policy provisions.

*county in the
 
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messica

Junior Member
I have contacted the ins comp., sent the req. info, death certs ect. they need me to be assigned administrator of estate in order to get more info from them. Policy is active/ payable.

i am trying to figure out how my mother being married is going to affect the policy, i know in CA, its supposed to be 50/50 between spouse and children. i have the forms for probate, but i heard it can take a year to be processed, will a simple probate be quicker? will the court have to find her spouse to proceed?
 
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Betty

Senior Member
I have contacted the ins comp., sent the req. info, death certs ect. they need me to be assigned administrator of estate in order to get more info from them. Policy is active/ payable.

i am trying to figure out how my mother being married is going to affect the policy, i know in CA, its supposed to be 50/50 between spouse and children. i have the forms for probate, but i heard it can take a year to be processed, will a simple probate be quicker? will the court have to find her spouse to proceed?
The estate needs to be opened & someone named "administrator" so that
the ins. co. can pay out the proceeds.

Generally if the estate is not large/involved, a "simple" quicker probate can be done. The court clerk should be able to help you with this. You will probably have to make some effort to find all "beneficiaries" entitled to a portion of the estate. The clerk may be able to help you with this also or you can talk to an attorney.
 

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