Legal Question in Real Estate Law in California

My mom passed away, she bought a property while married to her second and last husband, he signed all rights to the property away in a quit claim form. The property burned down and his name was also on the insurance checks and they were deposited in a joint account and moved over time to her trust account. Her husband who she disinherited and has no part of the trust is claiming half of the insurance money is his as his name was on the insurance policy with hers and the money initially went into a joint account. Is he right or in signing the quit claim did he give up rights to the insurance monies for the property?

Asked on 9/10/15, 9:00 pm

1 Answer from Attorneys

Nicholas Spirtos Law Offices of Nicholas B. Spirtos

The insurance money is not for disbursement among the insureds, it is for repairing the damage to the house or for the insured value. But, if he paid some or all the premiums, he may be entitled to something. This is a complex issue that can't really be answered in an online forum. You mention a trust, the attorneys that formed or handle the trust should be dealing with this. Talk to them.

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Answered on 9/11/15, 8:40 am

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