Legal Question in Wills and Trusts in Texas
intestate death
does insurance count towards this even if a (spouse) beneficiary was named? and what is devided between spouse and children
Asked on 7/10/09, 9:40 pm
1 Answer from Attorneys
Re: intestate death
Typically, life insurance does not go to an estate if there is a named beneficiary. There are exceptions, though. For example, if the life insurance was court ordered to pay children, and the ordered spouse changed the policy, a court could set aside that designation. The division of property is covered by Texas intestate laws, and they vary depending on the kinds of property (separate vs. community) and the family composition at the time of death.
Answered on 7/11/09, 11:45 am