Legal Question in Insurance Law in California

Life Insurance Question

My question is, about five years ago my brother passed away and left life insurance to my husband an myself, half to each of us. Well my Mom got upset becasue it was not left to her. She then went and told his kids that the insurance was left to them and we were just holding it for them. A year or so before he died he said he wished he could help us out somehow and the next month we got a phone call telling us that he was putting our name on his life insurance. Now the kids are of age and calling all the time wanting the money. The daughter calls daily and I just don't return her calls, it has gotten so bad we don't even answer our phone. My Mom is very bitter that she did not get the money, she would had gotten it if we had passed away first.

Thanks for your help.


Asked on 1/20/06, 5:04 pm

4 Answers from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Life Insurance Question

What's the question?

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Answered on 1/24/06, 5:03 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Life Insurance Question

I will assume that your question is, how do you get the others off your back. Probably the easiest way is to change your phone number. Another way is to show them a copy of the beneficiary provision of the policy, that you were the sole beneficiaries. If all else fails, you can go to court and try to get a harassment restraining order. Good luck.

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Answered on 1/24/06, 5:29 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Life Insurance Question

We can provide you with prompt, affordable legal assistance in resolving this unfortunate matter ASAP. For a free phone consultation, contact us directly today.

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Answered on 1/24/06, 5:42 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Life Insurance Question

As Dr. Laura would say, "What is your question for me?"

Legally, it sounds like the money is yours regardless of what your mom said to your neices and nephews. If you are asking about the morality of keeping the money, you need to talk to your pastor.

You didn't explain WHY your brother left insurance money to you instead of his apparently minor children, so your situation does sound rather odd.

My wife and I have a daughter who is 8. I have life insurance that is designed to pay off our house and provide a replacement for my income if something were to happen to me. I would wonder why your brother would even list you as beneficiary and not his children. Of course, you brother was free to do as he saw fit at the time, but it would be helpful to have more insight in your situation.

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Answered on 1/24/06, 6:09 pm


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