Is a widow entitled to half the proceeds of her husband's life insurance policies?

California, United States of America


The following excerpt is from Sieroty v. Silver, 26 Cal.Rptr. 635, 376 P.2d 563, 58 Cal.2d 799 (Cal. 1962):

Yes. The widow claimed that the entire proceeds constituted her separate property. Accordingly, she was claiming adversely to the estate, not in privity with it; and since she was not a personal representative of the estate, the superior court sitting in probate would not have had jurisdiction to decide the claim. (Merola v. Superior Court, 125 Cal.App.2d 1, 4(2), [376 P.2d 566]

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Second. Did the trial court properly award the widow half the proceeds of the policies as her separate property?

No. The interest of the beneficiary of a life insurance policy designated by an insured who has the right to change the beneficiary is not a vested right but a mere expectancy, and the insured may change the beneficiary at any time during[58 Cal.2d 803] his lifetime. (Grimm v. Grimm, 26 Cal.2d 173, 175(3), 157 P.2d 841.)

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