Legal Question in Wills and Trusts in Texas
Exhusband's Death
My exhusband passed away. I found out that he had left me as beneficiary on his death insurance. His widow wants me to fill out all the paperwork and send it in. She also impersonated me on the phone to get the paperwork. She thinks I should sign the check over to her when it comes in. My divorce decree did not mention insurance money. I want to be able to share it with his three daughters. I know she wouldn't. Am I intitled to the money?
1 Answer from Attorneys
Re: Exhusband's Death
It depends on the kind of policy, and EXACTLY what is in the decree. Many times, the decree will state that the spouse needs to maintain insurance in order to protect any minor children (or children with a support obligation). If not, then the law would state that a divorce would negate the primary beneficiary designation on the policy, and the proceeds would go to the secondary beneficiaries under the policy, or the estate. I'm assuming this is not an ERISA policy. If you can't tell, this is a complicated matter. Given the new spouse's behavior, I wouldn't do this without a lawyer.
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