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

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)

My spouse died, owing a lot of debts. Can the creditors take my homestead?

David Leon — Wed, 27 May 2009 01:07:26 +0000

Not necessarily. Sec. 271 of the Texas Probate Code offers protection for the surviving spouse regarding the homestead (and other exempt property as set forth in the Texas Constitution.) This applies whether or not the homestead is separate or community property (Sec. 282 of the Texas Probate Code.)

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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)
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)
25/12/2009 -- Can a credit card company sue you in the state of Texas? (0)
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)

How do I know if the life insurance policy is community property or separate property?

David Leon — Mon, 02 Mar 2009 00:28:16 +0000

If the initial premium was paid out of community funds, the life insurance policy may be a community asset. This means that one half of the policy “belongs” to the surviving spouse. If a third person is named beneficiary of a community owned life insurance policy, and the surviving spouse did not sign a waiver, then the surviving spouse may challenge the beneficiary designation. If naming the other person is found to be a fraud on the surviving spouse, the spouse may be awarded a share of the death benefits and the named beneficiary will be entitled to receive the remainder. If you have an insurance issue that you would like to discuss, please contact us.

25/12/2009 -- Can a common law spouse be a beneficiary of a life insurance policy? (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)
15/02/2009 -- Does Texas law recognize a “common law” or informal marriage? (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)

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)

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)