Legal Question in Family Law in Texas
Divorce/Changing Beneficiaries on Life Insurance Policies
My ex-husband was going through an ugly divorce in Texas. He died 2 days before the divorce would have been granted. Before he died, he changed the beneficiaries on his life insurance policies to name his children only, and not his estranged wife. She was still able to receive half of the proceeds herself, and half of the remaining proceeds for their only child. My two children received the least. He died suddenly before he was able to change his Will. His estranged wife's attorneys said the Will took precedence over the beneficiary change. Why didn't changing the names on his policies override the Will's terms? He was a lawyer himself and should have known exactly what he was doing.
1 Answer from Attorneys
Re: Divorce/Changing Beneficiaries on Life Insurance Policies
The proceeds from a life insurance policy should pass to the beneficiaries outside of the decedent's estate. Normally a will does not take precedence over an insurance policy.
So if he correctly changed his beneficiaries on the insurance policy, there may be a cause of action against the insurance company.
It is possible that the Court issued Temporary Orders restraining either party from changing beneficiaries on the insurance policy. So the timing of events is important to consider. Did he change beneficiaries before the divorce was filed?
You will surely need legal assistance to get this all sorted out. I'm sorry to hear of your loss and best wishes to your family.
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