Ask a Lawyer, David L. Leon, Attorney, Dallas, Texas (214) 696-0021 » life insurance litigation

Can a common law spouse be a beneficiary of a life insurance policy?

David Leon — Sat, 26 Dec 2009 04:22:40 +0000

Yes. A life insurance applicant may appoint anyone (or any entity) as a beneficiary on a life insurance policy, even a common law spouse. Also, if a common law marriage was in existence, then a common law spouse may have community property interests in a life insurance policy (purchased after the marriage) if the spouse is not listed as a beneficiary.

01/03/2009 -- How do I know if the life insurance policy is community property or separate property? (0)
15/02/2009 -- The life insurance company has already paid the proceeds of the life insurance policy to the listed beneficiary. I am the surviving spouse and I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- My husband / wife died and designated someone else as the beneficiary of the life insurance policy? What can I do? (0)
15/02/2009 -- I was a common law spouse when my spouse purchased a life insurance policy. I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- Are insurance policies generally characterized as separate or community in Texas? (0)
25/12/2009 -- I’ve been charged with hindering a secured creditor? What is the punishment for hindering a secured creditor? (0)
25/12/2009 -- What is hindering a secured creditor? (0)
25/12/2009 -- Is it possible to prove a common law marriage after death? (0)
25/12/2009 -- I’ve been charged with providing a false statement to obtain credit. What exactly is this and what can they do? (0)
20/09/2009 -- The insurance company stated that they have accepted and will pay my claim. How much time do they have? (0)

Is it possible to prove a common law marriage after death?

David Leon — Sat, 26 Dec 2009 04:19:59 +0000

Yes. However, the burden of proof shifts after the second anniversary of the death of the purported spouse. If successfully proven, the date of the inception of the common law marriage may be determined by the court.

20/09/2009 -- How will I know if an insurance company has accepted or rejected my claim? (0)
09/08/2009 -- How does one qualify to be an administrator or executor of an estate? (0)
09/08/2009 -- How is it decided who will administer an estate? (0)
09/08/2009 -- Someone I know died having written a will. I know who has the will, but s/he refuses to file it for probate. (0)
28/02/2009 -- I think someone is abusing a power of attorney. How would I override the power of attorney? (0)
15/02/2009 -- The life insurance company has already paid the proceeds of the life insurance policy to the listed beneficiary. I am the surviving spouse and I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- I was a common law spouse when my spouse purchased a life insurance policy. I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- Are insurance policies generally characterized as separate or community in Texas? (0)
15/02/2009 -- My husband / wife died and designated someone else as the beneficiary of the life insurance policy? What can I do? (0)
15/02/2009 -- What are the different types of courts? (0)

The insurance company stated that they have accepted and will pay my claim. How much time do they have?

David Leon — Sun, 20 Sep 2009 22:59:24 +0000

Generally speaking, an insurance company has five business days to pay an accepted claim. If the insurance company requires paperwork from a party, then the five days begins on receipt of the paperwork.

The controlling statute is Texas Insurance Code Sec. 542.057. PAYMENT OF CLAIM. (a) Except as otherwise provided by this section, if an insurer notifies a claimant under Section 542.056 that the insurer will pay a claim or part of a claim, the insurer shall pay the claim not later than the fifth business day after the date notice is made.
(b) If payment of the claim or part of the claim is conditioned on the performance of an act by the claimant, the insurer shall pay the claim not later than the fifth business day after the date the act is performed.
(c) If the insurer is an eligible surplus lines insurer, the insurer shall pay the claim not later than the 20th business day after the notice or the date the act is performed, as applicable.

25/12/2009 -- Can a common law spouse be a beneficiary of a life insurance policy? (0)
25/12/2009 -- Is it possible to prove a common law marriage after death? (0)
15/02/2009 -- The life insurance company has already paid the proceeds of the life insurance policy to the listed beneficiary. I am the surviving spouse and I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- I was a common law spouse when my spouse purchased a life insurance policy. I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- Are insurance policies generally characterized as separate or community in Texas? (0)
15/02/2009 -- My husband / wife died and designated someone else as the beneficiary of the life insurance policy? What can I do? (0)
15/02/2009 -- What are the different types of courts? (0)

The life insurance company has already paid the proceeds of the life insurance policy to the listed beneficiary. I am the surviving spouse and I wasn’t listed as a beneficiary. Is there anything I can do?

David Leon — Mon, 16 Feb 2009 01:55:47 +0000

Possibly. If the life insurance company paid proceeds while ignoring the rights of the spouse, then the insurance company may be liable to the surviving spouse

15/02/2009 -- My husband / wife died and designated someone else as the beneficiary of the life insurance policy? What can I do? (0)
25/12/2009 -- Can a common law spouse be a beneficiary of a life insurance policy? (0)
01/03/2009 -- How do I know if the life insurance policy is community property or separate property? (0)
15/02/2009 -- I was a common law spouse when my spouse purchased a life insurance policy. I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- Are insurance policies generally characterized as separate or community in Texas? (0)
25/12/2009 -- Is it possible to prove a common law marriage after death? (0)
15/02/2009 -- What are the different types of courts? (0)
15/02/2009 -- Does Texas law recognize a “common law” or informal marriage? (0)
20/09/2009 -- The insurance company stated that they have accepted and will pay my claim. How much time do they have? (0)
20/09/2009 -- How will I know if an insurance company has accepted or rejected my claim? (0)

I was a common law spouse when my spouse purchased a life insurance policy. I wasn’t listed as a beneficiary. Is there anything I can do?

David Leon — Mon, 16 Feb 2009 01:55:11 +0000

Possibly. If you meet the statutory requirements for being a common law marriage at the time the policy was purchased, and community funds were used to purchase the policy, then the policy may be considered community property. The surviving spouse would be considered a one-half owner. These tend to be fact specific matters. Please contact us if you would like to discuss this further.

15/02/2009 -- Are insurance policies generally characterized as separate or community in Texas? (0)
15/02/2009 -- The life insurance company has already paid the proceeds of the life insurance policy to the listed beneficiary. I am the surviving spouse and I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- My husband / wife died and designated someone else as the beneficiary of the life insurance policy? What can I do? (0)
25/12/2009 -- Can a common law spouse be a beneficiary of a life insurance policy? (0)
25/12/2009 -- Is it possible to prove a common law marriage after death? (0)
09/08/2009 -- How does one qualify to be an administrator or executor of an estate? (0)
01/03/2009 -- How do I know if the life insurance policy is community property or separate property? (0)
15/02/2009 -- What are the different types of courts? (0)
15/02/2009 -- Does Texas law recognize a “common law” or informal marriage? (0)
24/08/2008 -- In re Estate of Wilson — Lost Will (0)

Are insurance policies generally characterized as separate or community in Texas?

David Leon — Mon, 16 Feb 2009 01:53:34 +0000

Texas follows “inception of title” when classifying life insurance proceeds. This means that ownership of the policy is established by the source of funds for the first premium. If that premium was paid prior to the marriage or with separate property, then the policy may be considered separate property. This is a highly technical area of law, and matters are case-specific. Please contact us if you would like to discuss a matter further.

15/02/2009 -- I was a common law spouse when my spouse purchased a life insurance policy. I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- The life insurance company has already paid the proceeds of the life insurance policy to the listed beneficiary. I am the surviving spouse and I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- My husband / wife died and designated someone else as the beneficiary of the life insurance policy? What can I do? (0)
25/12/2009 -- Can a common law spouse be a beneficiary of a life insurance policy? (0)
25/12/2009 -- Is it possible to prove a common law marriage after death? (0)
09/08/2009 -- How does one qualify to be an administrator or executor of an estate? (0)
01/03/2009 -- How do I know if the life insurance policy is community property or separate property? (0)
15/02/2009 -- What are the different types of courts? (0)
15/02/2009 -- Does Texas law recognize a “common law” or informal marriage? (0)
24/08/2008 -- In re Estate of Wilson — Lost Will (0)

My husband / wife died and designated someone else as the beneficiary of the life insurance policy? What can I do?

David Leon — Mon, 16 Feb 2009 01:51:48 +0000

In Texas, a life insurance policy that is purchased after a person is married, and community funds were used to pay for it, then the surviving spouse may have an ownership interest in the policy. However, a spouse way waive rights to the policy by signing a waiver. If your spouse had designated another as the beneficiary of a life insurance policy without your consent, or if you have questions, please contact us at 214-696-0021

15/02/2009 -- The life insurance company has already paid the proceeds of the life insurance policy to the listed beneficiary. I am the surviving spouse and I wasn’t listed as a beneficiary. Is there anything I can do? (0)
25/12/2009 -- Can a common law spouse be a beneficiary of a life insurance policy? (0)
01/03/2009 -- How do I know if the life insurance policy is community property or separate property? (0)
15/02/2009 -- I was a common law spouse when my spouse purchased a life insurance policy. I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- Are insurance policies generally characterized as separate or community in Texas? (0)
25/12/2009 -- Is it possible to prove a common law marriage after death? (0)
15/02/2009 -- What are the different types of courts? (0)
15/02/2009 -- Does Texas law recognize a “common law” or informal marriage? (0)
20/09/2009 -- The insurance company stated that they have accepted and will pay my claim. How much time do they have? (0)
20/09/2009 -- How will I know if an insurance company has accepted or rejected my claim? (0)

What are the different types of courts?

David Leon — Mon, 16 Feb 2009 01:44:59 +0000

Small claims and JP courts are typically used for disputes involving less than $10,000. Small Claims courts are limtied to actions for damages. Justice of the Peace courts can hear small claims actions, eviction cases and other matters. For larger disputes involving Texas parties and questions of Texas law, county courts at law or district courts are the most common forum to file a lawsuit. Family courts hear matters involving domestic relations, custody, adoptions and the like. If a case involves the estate of a deceased person, or an incapacitated person, then the probate court is an appropriate forum. For disputes involving questions of United States law (i.e. a federal questions), or for certain large scale disputes involving parties that are not Texan, federal courts are a common forum. Appeals courts hear appeals from the lower courts in thier jurisdiction. In most Texas counties, criminal courts are typically separate.

25/12/2009 -- Is it possible to prove a common law marriage after death? (0)
28/06/2009 -- What is a fiduciary duty? (0)
15/02/2009 -- The life insurance company has already paid the proceeds of the life insurance policy to the listed beneficiary. I am the surviving spouse and I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- I was a common law spouse when my spouse purchased a life insurance policy. I wasn’t listed as a beneficiary. Is there anything I can do? (0)
15/02/2009 -- Are insurance policies generally characterized as separate or community in Texas? (0)
15/02/2009 -- My husband / wife died and designated someone else as the beneficiary of the life insurance policy? What can I do? (0)
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25/12/2009 -- Can a common law spouse be a beneficiary of a life insurance policy? (0)
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20/09/2009 -- The insurance company stated that they have accepted and will pay my claim. How much time do they have? (0)