Not sure if this is business law or not! Please advise if I should direct this elsewhere.
I am trying to claim property from the state of california. Here is the basic situation as far as I can tell. My mothers brother had a life insurance policy worth $13,500 that listed my grandmother (his mother) as the beneficiary. She never claimed the property and it is now being held by the state.
My uncle, never had a wife or kids (family believes he died a virgin) and died before my grandmother. He had a will that left his property to cal state long beach.
My grandmother had 2 children, my mother and said uncle. My grandmother had a trust leaving her estate
to my mother and uncle in equal amounts. It also says that if one of the two heirs
dies before her, his / her portion should go to their issue. If there is no default issue, the portion should go to the other sibling.
My mother recently passed leaving me as trustee of her estate.
I believe this is clear, the money should have gone to my grandmother when my uncle died, then to my mother and my uncles "issue". Because he had no "issue", even though he had heirs, his money goes back to my mother.
Here is what the state of california is saying.
They are willing to give 1/2 the money to my mothers estate. But if I want the other half I have to provide a death certificate on my uncle (they clearly know he died or there would be no property to begin with) AND I have to sign and notarize that there was no probate
or known trust to my uncles estate. I can't legally request a death certificate on my uncle, can I? AND I don't see why my uncle having a will or trust matters as he had no "issue". I will sign a "heirship
" form saying he had no "issue".
Am I correct, and if so, how do I convince the state that whether or not my uncle has an Heir is irrelevent because my grandmothers trust clearly says if he dies the money goes to his "issue" and then back to my mother if there are none.
I assume this is complicated and look forward to any follow up questions.