Legal Question in Family Law in Texas

Life insurance is a contract. The insured pays premiums, and dies. The insurance company pays the beneficiary designed by the insured in the contract. If no beneficiary is designated, the money goes into the insured's estate. There is no law that requires insured's to designate their spouse as beneficiary. However, if the premiums are paid with community property and there is a divorce, the spouse may have a claim for reimbursement of one half of the premium's paid or one half of the cash value of the policy.

My guess is that if the insured dies while married the cash value of the contract dissapears and there is no community property. Nor can the proceeds be collected in probate of the husband's estate as life insurance proceeds payable to another pass outside of probate.

Review the details with an attorney. There may be some other fact that would help.