Legal Question in Wills and Trusts in Texas

I am separated and seeking a divorce but not filed in Texas. I have changed the beneficiary of my workplace life insurance policy over to my mother. If I die, does my wife have claim to the proceeds or do I need to specify in my will where the money will go?


Asked on 6/09/10, 5:38 pm

1 Answer from Attorneys

The answer depends on (1) whether or not this is an ERISA policy and (2) when the policy was originally purchased. If you want to be absolutely safe, have the soon to be ex sign a form saying that they don't have an interest in the policy, and showing their consent to the change. The will typically does not have any bearing on what happens with a life insurance policy.

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Answered on 6/09/10, 9:33 pm


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