Legal Question in Wills and Trusts in Texas
Benificiary of a Life Insurance Poilicy
My brother died a few months back of unknown reasons. He mad my mother the benifificary (?) of his life insurance policy that he took out from his place of employment before he was married and had two children. He never changed it. He lived in Texas. Are his surviving spouse and children entitled to the insurance policy provided they honor it?
2 Answers from Attorneys
Re: Benificiary of a Life Insurance Poilicy
The life insurance policy is a contract between your brother, the life insurance company and your mother. In other words, the life insurance company cannot pay it to anyone other than your mother, unless she declines to accept it. Your sister in law, may have a claim against your brother's (her husband's) estate, if it has any assets, for some part of the premiums paid for the policy during their marriage.
Re: Benificiary of a Life Insurance Poilicy
It depends on several things. If the policy was changed, renewed or moved during the marriage, then the sister in law may have a claim to the proceeds of the policy. If the policy was simply purchased prior to the marriage and never changed, moved or switched, then the sister in law may be limited to reimbursement for a portion of the premiums. This tends to be a highly complex area of law. I suggest that the families try to work out an acceptable arragement rather than suing over it.
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