Legal Question in Insurance Law in California

Before my father passed away, he told me that he had changed his life insurance so that my step mother and I would split it 50/50 but that he had done it without her knowledge. When he passed, I could find no such paperwork saying as much, and when I brought the subject up with her, she said it was impossible that he could've done it but she wouldn't let me see his policy. Is there a way to find out if he did change it? I don't even know what Insurance Company he used.


Asked on 1/29/10, 2:15 pm

2 Answers from Attorneys

Without being able to see the policy and without even knowing what company it is, I can't think of any way you can find this out other than to just wait and see. If he did actually name you as a beneficiary, your step mother cannot collect her share without putting the insurance company on notice that they have to find the other 50% beneficiary. You could try pointing out to your step mother that she has nothing to gain from hiding things. The insurance company will not pay her your half if the policy was changed, and she can get you off her back by showing it to you if it was not. She has nothing to gain from not clearing this up. All it could do is delay the pay out of her share if it was changed.

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Answered on 2/03/10, 2:30 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Have me write to her a polite letter showing her you have an attorney and are actually serious. We would let her know that if she does not provide the requested information, we will bring a lawsuit, subpoena the documents, and perhaps get a lot more than 50%.

Daniel Bakondi

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415-450-0424

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Answered on 2/03/10, 2:45 pm


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