Legal Question in Family Law in Texas
Divorce Decree Life Insurance Policy and Death of Policy Holder
Dear Sirs,
I am a divorced mother of a 6 yr old child. My ex-husband was remarried 2 yrs ago. He recently passed away. In our divorce decree, he was required to carry a life insurance policy for a specific amount with the child listed as the beneficiary and me listed as the trustee. His widow has stated to me that 'I am handling everything for 'Child's name' and won't have any information for a month or maybe more' but gave me absolutely no specifics. Because my ex husband was ill and on short term disability, the child support payment amounts were bouncing around but at the end of each month he would write a check for the domestic relations office to pay up the balance owed. The widow has also stated that all of 'Childs name' things will stay with her as they are now and 'childs name' can use them when she comes over. My question is this:
Does the requirement of the divorce decree have to be met if he didn't live up to what the court ordered? How is a minor child protected?
My divorce was an ugly one and I feel like today it has just begun again. Is there any help?
2 Answers from Attorneys
Re: Divorce Decree Life Insurance Policy and Death of Policy Holder
Yours is a difficult question. Some issues to consider:
1. Did your ex have a will? If so, anything left to your child. If not, is there a probate proceeding.
2. Was there a life insurance policy. If so, who is the beneficiary.
3. Does the divorce decree state that the life insurance is "as additional child support" and does the decree say that child support will continue after death and become obligation of the estate.
To really answer your question, you will need an attorney to go over your case and address the above issues and I am sure even more. These are the ones that I came up with on the fly this evening.
Good luck.
Re: Divorce Decree Life Insurance Policy and Death of Policy Holder
You have several issues and you need to have a family law attorney go over them and your divorce decree with you.
First, if the decree required him to carry insurance, then there should be a policy. If there is not, then his estate would likely be liable for the required amount of insurance.
Many divorce decrees require that child support continue as an obligation of the estate of the payor, even after death. If so, then you can sue to have the estate continue the payemnts for the next 12 years (assuming that there is a sufficient estate to do so).
Whether or not the widow can keep the "child's thing" depends upon whether they were truley the child's (such as a savings bond taken out in his name) or were really the father's items that the child could use (such as most personal possessions).
As to anything that the child might inherit, that depends upon whether the dad had a will. If so, then the will should be probated and the child will received whatever it provides for him. If he had no will, then Texas law provides for the distribution of the dad's assets.
You need to contact an attorney to read all of the documents and to guide you through this.
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