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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