Rheem Valley, CA Estate Planning Law Firms & Lawyers

I would suggest you clarify your question to get a proper answer. First you state that you leave everything to your wife and then you state "if you predecease her, 50% goes to your cousin." If you predecease her, which means that you die first, according to what you have stated, your cousin would get 1/2 of your assets. Perhaps what you meant to state was if your wife predeceases you, so you are the last or second to die, then your cousin gets half although it is not clear where the other half goes. Your real property in California should be titled Husband and Wife Community Property with Rights of Survivorship in order to avoid the taxes and get the stepped up basis. Tenancy by the Entirety is not recognized as a form of holding title in California.

You will likely have to file a lawsuit and subpoena the beneficiary designation form. Tell the insurance company you are disputing the policy so you at least have a chance to stop the payout before she gets her hands on it and spends it.