Who are beneficiaries of insurance payout for my daughter's death?

by Anonymous

My daughter died in a car accident. She was a passenger. The driver also died and was under the influence. The driver had no car insurance. My daughter, an adult, was on my husband's and my car insurance. We filed a claim with our insurance company and the company will be paying the claim under the uninsured motorist.

The attorney states that the proceeds are to go to my daughter's heirs which is myself and her biological father (not her step-father, who I'm currently married to). The policy is under my husband (her step-father) and my names, and we are the ones paying for the insurance. My daughter was covered under our policy.

Is it correct that her biological father is entitled to half of the claim? She was covered under my current husband's and my policy, which we were paying for. We are in the state of California. Thank you for any information you can provide.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Who are beneficiaries of insurance payout for my daughter's death?":

Anonymous (California):

It is our policy at InjuryClaimCoach.com not to interfere with the attorney-client relationship. To do so would be inappropriate. Your best interests would be served by heeding the advice and counsel of your attorney.

Generally speaking, being listed on an insurance policy does not affect the distribution of assets after death. Assets are allocated pursuant to California testate and intestate succession laws.

To die intestate means a person, including a minor, dies without a will. Testate is just the opposite. A person dies testate when the personal left a will.

For more information about California's testate and intestate laws go here:
California Courts - Wills, Estates, and Probate

To read a salient article on Testate and Intestate laws in California go here:
The law of Succession: Death Testate or Intestate

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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