Visitor Question

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

Submitted By: Anonymous (California)

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.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Anonymous,

It is our policy at 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

Learn more here: Car Accident Wrongful Deaths

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,


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One comment on “Who are beneficiaries of insurance payout for my daughter’s death?

  1. Respectful says:

    My 16 year old daughter was killed in an automobile accident while her boyfriend was driving. He survived. I have agreed to settle with the insurance company. Her father and I are not married and were never married. Would I be required to split the insurance money from the family’s policy with him although he’s married and so am I.

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