Beneficary question

[Winjac]

What is the name of your state? California

My brother and his wife were killed instantly in an automobile accident.

My brother only named his wife beneficary on his life insurance policy. (no secondary beneficary was named).

Does the pay out of the policy go to his estate alone, or does it pay out to his wife's estate as well?

TIA

 

[Dandy Don]

The answer to your question might depend on what the language of the policy specifies. Have you talked to the insurance company about this yet? Do you have access to a copy of the insurance policy?

 

[Winjac]

Thanks so much for your reply Dandy Don!

The insurance company had sent a letter requesting all this information on my brother and his wife, including medical and general release forms.

We just talked to the agent, and SO FAR it seems they changed their minds about that. Now, all they are requesting is the Death Certificates (showing that they died instantly - at the same time), the coroner's report, and since we don't have the final accident report, they said the media reports (ie: newspaper and website articles) were enough.

Can we request a copy of the insurance policy?

This particular insurance policy was issued through his employer.

I thank you so much for your help!

 

[Dandy Don]

Of course you can request a copy of the policy. Sure do hope that this situation has a good outcome for you.

DANDY DON IN OKLAHOMA ([email protected])

 

[I AM ALWAYS LIABLE]

The answer to your question might depend on what the language of the policy specifies. Have you talked to the insurance company about this yet? Do you have access to a copy of the insurance policy?

My response:

Once again, Dandy Don is incorrect. The pay-out of the benefits does NOT "depend on the policy" - - it "depends" on State law, and that law is California Probate Code section 103.

"In the event of a "simultaneous death" of husband and wife, their community and/or quasi-community property passes as follows:

• One-half is administered and distributed (or "otherwise dealt with") as if one spouse had survived and as if that half "belonged to" that spouse; and

• The other half is administered and distributed (or "otherwise dealt with") as if the other spouse had survived and as if that half "belonged to" that spouse." [Ca Probate § 103]


In other words, half goes to the wife's Estate, and half goes to the husband's Estate, and the heirs to their Estates take pursuant to their Wills, or by way of Statute if there are no Wills.

IAAL