Legal Question in Wills and Trusts in Texas

My son died 2 yrs ago, he was married. He left a $50,000 life policy for me in my name. They got a home in both their names. She has gotten behind in her house pymts. for some reason. She is a school teacher, making over $65,000 a yr. The loan company wants her to pay. Can they come after me, because I got the life ins. money, to pay for this debt? When he was alive they paid the mortgage, she did for a yr after his death. He had nothing he left behind. My parents had given him approximately $40,000 before his death, and they used that for the house. In Texas do I have to pay for my deceased son's debt (mortgage), which only occured recently, with the life insurance I got from his death? I was the beneficiary.


Asked on 2/09/11, 3:53 pm

1 Answer from Attorneys
Brandy McIntyre Law Office of Brandy Reynolds McIntyre

The money that you received as a beneficiary of his life insurance policy is yours. If your name is not on the mortgage or the house then you do not and will not ever owe anything concerning that home. An heir to any person's estate is not ever personally responsible for the debts of the deceased person, however, any money in the estate might have to go to pay for these debts. Except in the case of life insurance, you were not actually an heir to your son's estate when you received his life insurance. A life insurance contract is a contract with the insured person that upon payment of the insurance premiums the insurance company will pay whomever is listed as a beneficiary in the event of their death, in this case it was you. It actually has nothing to do with your son's estate, it is a separate contract altogether, so no you don't owe anyone anything and they can't get anything from you concerning that house.

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Answered on 2/09/11, 4:07 pm


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