Legal Question in Wills and Trusts in Texas
My husband was the executor of his mothers will and had power of attorney prior to her death. His mother was designated as beneficiary of her brothers life insurance policy and his power of attorney. The brother is now dying and is on life support and never changed the documents from his sisters(my husbands mother) name. Is my husband now the beneficiary of the insurance since his mother designated him in her will to handle her estate?
1 Answer from Attorneys
No. When mom died, all of her property passed in accordance with her will. Since her brother survived her, her interest in the life insurance policy lapsed and did not become part of her estate. Your husband has nothing to do with the policy proceeds. When the brother dies, the policy proceeds will go to the beneficiaries named in the policy who can take. If there are no named beneficiaries in the policy who can take, the policy proceeds become a part of the brother's estate and are distributed accordingly.
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