Leon Law Firm, (214) 696-0021 » Insurance Law http://leonlaw.com Frequently asked questions about Texas law from David Leon, Attorney, Dallas, Texas, (214) 696-0021 Sat, 24 Jul 2010 23:51:33 +0000 en hourly 1 http://wordpress.org/?v=3.0 Are life insurance proceeds subject to the debts of the deceased person? http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/ http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/#comments Sat, 26 Dec 2009 04:38:01 +0000 David Leon http://leonlaw.com/askalawyer/?p=1053 In most cases, no, life insurance proceeds are not subject to estate debts. The most common exception is when the “estate” is a listed beneficiary (which is improper under Texas law, but that’s a discussion for another day.) In most cases, life insurance is a contract between the insured and the life insurance company, to pay benefits to a beneficiary. The deceased person’s estate (to which most debts attach) is not involved in the process. The notable exceptions are life insurance policies specifically geared towards credits. A common example is a credit life policy. In this policy, an insured purchases a policy to cover a specific debt, such as a mortgage. This way, should the insured die, the mortgage is paid off in full.

Related Articles:

If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.


Or click here for Instant Messaging with our office (office hours only)

Post Footer automatically generated by Add Post Footer Plugin for wordpress.


]]> http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/feed/ 0 Can a common law spouse be a beneficiary of a life insurance policy? http://leonlaw.com/2009/12/25/can-a-common-law-spouse-be-a-beneficiary-of-a-life-insurance-policy/ http://leonlaw.com/2009/12/25/can-a-common-law-spouse-be-a-beneficiary-of-a-life-insurance-policy/#comments Sat, 26 Dec 2009 04:22:40 +0000 David Leon http://leonlaw.com/askalawyer/?p=1051 In most cases, no, life insurance proceeds are not subject to estate debts. The most common exception is when the “estate” is a listed beneficiary (which is improper under Texas law, but that’s a discussion for another day.) In most cases, life insurance is a contract between the insured and the life insurance company, to pay benefits to a beneficiary. The deceased person’s estate (to which most debts attach) is not involved in the process. The notable exceptions are life insurance policies specifically geared towards credits. A common example is a credit life policy. In this policy, an insured purchases a policy to cover a specific debt, such as a mortgage. This way, should the insured die, the mortgage is paid off in full.

Related Articles:

If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.


Or click here for Instant Messaging with our office (office hours only)

Post Footer automatically generated by Add Post Footer Plugin for wordpress.


]]> http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/feed/ 0 Is it possible to prove a common law marriage after death? http://leonlaw.com/2009/12/25/is-it-possible-to-prove-a-common-law-marriage-after-death/ http://leonlaw.com/2009/12/25/is-it-possible-to-prove-a-common-law-marriage-after-death/#comments Sat, 26 Dec 2009 04:19:59 +0000 David Leon http://leonlaw.com/askalawyer/?p=1049 In most cases, no, life insurance proceeds are not subject to estate debts. The most common exception is when the “estate” is a listed beneficiary (which is improper under Texas law, but that’s a discussion for another day.) In most cases, life insurance is a contract between the insured and the life insurance company, to pay benefits to a beneficiary. The deceased person’s estate (to which most debts attach) is not involved in the process. The notable exceptions are life insurance policies specifically geared towards credits. A common example is a credit life policy. In this policy, an insured purchases a policy to cover a specific debt, such as a mortgage. This way, should the insured die, the mortgage is paid off in full.

Related Articles:

If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.


Or click here for Instant Messaging with our office (office hours only)

Post Footer automatically generated by Add Post Footer Plugin for wordpress.


]]> http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/feed/ 0 What is the law in Texas regarding a common law spouse and life insurance? http://leonlaw.com/2009/12/25/what-is-the-law-in-texas-regarding-a-common-law-spouse-and-life-insurance/ http://leonlaw.com/2009/12/25/what-is-the-law-in-texas-regarding-a-common-law-spouse-and-life-insurance/#comments Sat, 26 Dec 2009 03:31:19 +0000 David Leon http://leonlaw.com/askalawyer/?p=1035 In most cases, no, life insurance proceeds are not subject to estate debts. The most common exception is when the “estate” is a listed beneficiary (which is improper under Texas law, but that’s a discussion for another day.) In most cases, life insurance is a contract between the insured and the life insurance company, to pay benefits to a beneficiary. The deceased person’s estate (to which most debts attach) is not involved in the process. The notable exceptions are life insurance policies specifically geared towards credits. A common example is a credit life policy. In this policy, an insured purchases a policy to cover a specific debt, such as a mortgage. This way, should the insured die, the mortgage is paid off in full.

Related Articles:

If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.


Or click here for Instant Messaging with our office (office hours only)

Post Footer automatically generated by Add Post Footer Plugin for wordpress.


]]> http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/feed/ 0 I was in an accident, but not at fault. My insurance paid the claim. What about my deductible? http://leonlaw.com/2009/09/20/i-was-in-an-accident-but-not-at-fault-my-insurance-paid-the-claim-what-about-my-deductible/ http://leonlaw.com/2009/09/20/i-was-in-an-accident-but-not-at-fault-my-insurance-paid-the-claim-what-about-my-deductible/#comments Sun, 20 Sep 2009 23:10:30 +0000 David Leon http://leonlaw.com/askalawyer/?p=1031 In most cases, no, life insurance proceeds are not subject to estate debts. The most common exception is when the “estate” is a listed beneficiary (which is improper under Texas law, but that’s a discussion for another day.) In most cases, life insurance is a contract between the insured and the life insurance company, to pay benefits to a beneficiary. The deceased person’s estate (to which most debts attach) is not involved in the process. The notable exceptions are life insurance policies specifically geared towards credits. A common example is a credit life policy. In this policy, an insured purchases a policy to cover a specific debt, such as a mortgage. This way, should the insured die, the mortgage is paid off in full.

Related Articles:

If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.


Or click here for Instant Messaging with our office (office hours only)

Post Footer automatically generated by Add Post Footer Plugin for wordpress.


]]> http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/feed/ 0 An insurance company wrongfully delayed paying my claim. Is there a penalty? http://leonlaw.com/2009/09/20/an-insurance-company-wrongfully-delayed-paying-my-claim-is-there-a-penalty/ http://leonlaw.com/2009/09/20/an-insurance-company-wrongfully-delayed-paying-my-claim-is-there-a-penalty/#comments Sun, 20 Sep 2009 23:02:25 +0000 David Leon http://leonlaw.com/askalawyer/?p=1029 In most cases, no, life insurance proceeds are not subject to estate debts. The most common exception is when the “estate” is a listed beneficiary (which is improper under Texas law, but that’s a discussion for another day.) In most cases, life insurance is a contract between the insured and the life insurance company, to pay benefits to a beneficiary. The deceased person’s estate (to which most debts attach) is not involved in the process. The notable exceptions are life insurance policies specifically geared towards credits. A common example is a credit life policy. In this policy, an insured purchases a policy to cover a specific debt, such as a mortgage. This way, should the insured die, the mortgage is paid off in full.

Related Articles:

If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.


Or click here for Instant Messaging with our office (office hours only)

Post Footer automatically generated by Add Post Footer Plugin for wordpress.


]]> http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/feed/ 0 The insurance company stated that they have accepted and will pay my claim. How much time do they have? http://leonlaw.com/2009/09/20/the-insurance-company-stated-that-they-have-accepted-and-will-pay-my-claim-how-much-time-do-they-have/ http://leonlaw.com/2009/09/20/the-insurance-company-stated-that-they-have-accepted-and-will-pay-my-claim-how-much-time-do-they-have/#comments Sun, 20 Sep 2009 22:59:24 +0000 David Leon http://leonlaw.com/askalawyer/?p=1027 In most cases, no, life insurance proceeds are not subject to estate debts. The most common exception is when the “estate” is a listed beneficiary (which is improper under Texas law, but that’s a discussion for another day.) In most cases, life insurance is a contract between the insured and the life insurance company, to pay benefits to a beneficiary. The deceased person’s estate (to which most debts attach) is not involved in the process. The notable exceptions are life insurance policies specifically geared towards credits. A common example is a credit life policy. In this policy, an insured purchases a policy to cover a specific debt, such as a mortgage. This way, should the insured die, the mortgage is paid off in full.

Related Articles:

If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.


Or click here for Instant Messaging with our office (office hours only)

Post Footer automatically generated by Add Post Footer Plugin for wordpress.


]]> http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/feed/ 0 How will I know if an insurance company has accepted or rejected my claim? http://leonlaw.com/2009/09/20/how-will-i-know-if-an-insurance-company-has-accepted-or-rejected-my-claim/ http://leonlaw.com/2009/09/20/how-will-i-know-if-an-insurance-company-has-accepted-or-rejected-my-claim/#comments Sun, 20 Sep 2009 22:56:51 +0000 David Leon http://leonlaw.com/askalawyer/?p=1025 In most cases, no, life insurance proceeds are not subject to estate debts. The most common exception is when the “estate” is a listed beneficiary (which is improper under Texas law, but that’s a discussion for another day.) In most cases, life insurance is a contract between the insured and the life insurance company, to pay benefits to a beneficiary. The deceased person’s estate (to which most debts attach) is not involved in the process. The notable exceptions are life insurance policies specifically geared towards credits. A common example is a credit life policy. In this policy, an insured purchases a policy to cover a specific debt, such as a mortgage. This way, should the insured die, the mortgage is paid off in full.

Related Articles:

If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.


Or click here for Instant Messaging with our office (office hours only)

Post Footer automatically generated by Add Post Footer Plugin for wordpress.


]]> http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/feed/ 0 What is a fiduciary duty? http://leonlaw.com/2009/06/28/what-is-a-fiduciary-duty/ http://leonlaw.com/2009/06/28/what-is-a-fiduciary-duty/#comments Sun, 28 Jun 2009 23:14:22 +0000 David Leon http://leonlaw.com/askalawyer/?p=646 A fiduciary duty is the highest standard of care one can owe to another. The fiduciary relationship is one of trust and confidence. The person or institution who owes the fiduciary duty must put the person’s interests above his or her own interests. Common examples of fiduciary duty include power of attorney holders, executors in wills, and trustees of trusts.

Related Articles:

If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.


Or click here for Instant Messaging with our office (office hours only)

Post Footer automatically generated by Add Post Footer Plugin for wordpress.


]]> http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/feed/ 0 What is ERISA? http://leonlaw.com/2009/03/08/what-is-erisa/ http://leonlaw.com/2009/03/08/what-is-erisa/#comments Sun, 08 Mar 2009 23:47:47 +0000 David Leon http://leonlaw.com/askalawyer/?p=386 In most cases, no, life insurance proceeds are not subject to estate debts. The most common exception is when the “estate” is a listed beneficiary (which is improper under Texas law, but that’s a discussion for another day.) In most cases, life insurance is a contract between the insured and the life insurance company, to pay benefits to a beneficiary. The deceased person’s estate (to which most debts attach) is not involved in the process. The notable exceptions are life insurance policies specifically geared towards credits. A common example is a credit life policy. In this policy, an insured purchases a policy to cover a specific debt, such as a mortgage. This way, should the insured die, the mortgage is paid off in full.

Related Articles:

If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.


Or click here for Instant Messaging with our office (office hours only)

Post Footer automatically generated by Add Post Footer Plugin for wordpress.


]]> http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/feed/ 0 What is EMTALA? What is patient dumping? http://leonlaw.com/2009/03/08/what-is-emtala-what-is-patient-dumping/ http://leonlaw.com/2009/03/08/what-is-emtala-what-is-patient-dumping/#comments Sun, 08 Mar 2009 23:40:31 +0000 David Leon http://leonlaw.com/askalawyer/?p=384 In most cases, no, life insurance proceeds are not subject to estate debts. The most common exception is when the “estate” is a listed beneficiary (which is improper under Texas law, but that’s a discussion for another day.) In most cases, life insurance is a contract between the insured and the life insurance company, to pay benefits to a beneficiary. The deceased person’s estate (to which most debts attach) is not involved in the process. The notable exceptions are life insurance policies specifically geared towards credits. A common example is a credit life policy. In this policy, an insured purchases a policy to cover a specific debt, such as a mortgage. This way, should the insured die, the mortgage is paid off in full.

Related Articles:

If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.


Or click here for Instant Messaging with our office (office hours only)

Post Footer automatically generated by Add Post Footer Plugin for wordpress.


]]> http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/feed/ 0 What is business insurance planning? http://leonlaw.com/2009/03/06/what-is-business-insurance-planning/ http://leonlaw.com/2009/03/06/what-is-business-insurance-planning/#comments Sat, 07 Mar 2009 01:27:22 +0000 David Leon http://leonlaw.com/askalawyer/?p=356 Business insurance planning includes insurance against the loss of a key person who is vital to the survival of a business. This type of policy can be used to inject cash into a business in order to survive while you replace the lost person. It can also cover buy/sell agreements, allowing the surviving member of the business to buy out the deceased member’s interest. Other types of insurance planning include wholly owned or captive insurance companies, umbrella insurance policy planning and commercial liability. Contact Us for more information.

Related Articles:

If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.


Or click here for Instant Messaging with our office (office hours only)

Post Footer automatically generated by Add Post Footer Plugin for wordpress.


]]> http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/feed/ 0 How do I know if the life insurance policy is community property or separate property? http://leonlaw.com/2009/03/01/how-do-i-know-if-the-life-insurance-policy-is-community-property-or-separate-property/ http://leonlaw.com/2009/03/01/how-do-i-know-if-the-life-insurance-policy-is-community-property-or-separate-property/#comments Mon, 02 Mar 2009 00:28:16 +0000 David Leon http://leonlaw.com/askalawyer/?p=204 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.

Related Articles:

If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.


Or click here for Instant Messaging with our office (office hours only)

Post Footer automatically generated by Add Post Footer Plugin for wordpress.


]]> http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/feed/ 0 “My insurance company wrongfully denied my claim” http://leonlaw.com/2009/02/15/my-insurance-company-wrongfully-denied-my-claim/ http://leonlaw.com/2009/02/15/my-insurance-company-wrongfully-denied-my-claim/#comments Mon, 16 Feb 2009 02:04:21 +0000 David Leon http://leonlaw.com/askalawyer/?p=218 In most cases, no, life insurance proceeds are not subject to estate debts. The most common exception is when the “estate” is a listed beneficiary (which is improper under Texas law, but that’s a discussion for another day.) In most cases, life insurance is a contract between the insured and the life insurance company, to pay benefits to a beneficiary. The deceased person’s estate (to which most debts attach) is not involved in the process. The notable exceptions are life insurance policies specifically geared towards credits. A common example is a credit life policy. In this policy, an insured purchases a policy to cover a specific debt, such as a mortgage. This way, should the insured die, the mortgage is paid off in full.

Related Articles:

If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.


Or click here for Instant Messaging with our office (office hours only)

Post Footer automatically generated by Add Post Footer Plugin for wordpress.


]]> http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/feed/ 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? http://leonlaw.com/2009/02/15/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%e2%80%99t-listed-as-a-beneficiary-is-there-anythi/ http://leonlaw.com/2009/02/15/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%e2%80%99t-listed-as-a-beneficiary-is-there-anythi/#comments Mon, 16 Feb 2009 01:55:47 +0000 David Leon http://leonlaw.com/askalawyer/?p=209 In most cases, no, life insurance proceeds are not subject to estate debts. The most common exception is when the “estate” is a listed beneficiary (which is improper under Texas law, but that’s a discussion for another day.) In most cases, life insurance is a contract between the insured and the life insurance company, to pay benefits to a beneficiary. The deceased person’s estate (to which most debts attach) is not involved in the process. The notable exceptions are life insurance policies specifically geared towards credits. A common example is a credit life policy. In this policy, an insured purchases a policy to cover a specific debt, such as a mortgage. This way, should the insured die, the mortgage is paid off in full.

Related Articles:

If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.


Or click here for Instant Messaging with our office (office hours only)

Post Footer automatically generated by Add Post Footer Plugin for wordpress.


]]> http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/feed/ 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? http://leonlaw.com/2009/02/15/i-was-a-common-law-spouse-when-my-spouse-purchased-a-life-insurance-policy-i-wasn%e2%80%99t-listed-as-a-beneficiary-is-there-anything-i-can-do/ http://leonlaw.com/2009/02/15/i-was-a-common-law-spouse-when-my-spouse-purchased-a-life-insurance-policy-i-wasn%e2%80%99t-listed-as-a-beneficiary-is-there-anything-i-can-do/#comments Mon, 16 Feb 2009 01:55:11 +0000 David Leon http://leonlaw.com/askalawyer/?p=207 In most cases, no, life insurance proceeds are not subject to estate debts. The most common exception is when the “estate” is a listed beneficiary (which is improper under Texas law, but that’s a discussion for another day.) In most cases, life insurance is a contract between the insured and the life insurance company, to pay benefits to a beneficiary. The deceased person’s estate (to which most debts attach) is not involved in the process. The notable exceptions are life insurance policies specifically geared towards credits. A common example is a credit life policy. In this policy, an insured purchases a policy to cover a specific debt, such as a mortgage. This way, should the insured die, the mortgage is paid off in full.

Related Articles:

If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.


Or click here for Instant Messaging with our office (office hours only)

Post Footer automatically generated by Add Post Footer Plugin for wordpress.


]]> http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/feed/ 0 Are insurance policies generally characterized as separate or community in Texas? http://leonlaw.com/2009/02/15/are-insurance-policies-generally-characterized-as-separate-or-community-in-texas/ http://leonlaw.com/2009/02/15/are-insurance-policies-generally-characterized-as-separate-or-community-in-texas/#comments Mon, 16 Feb 2009 01:53:34 +0000 David Leon http://leonlaw.com/askalawyer/?p=205 In most cases, no, life insurance proceeds are not subject to estate debts. The most common exception is when the “estate” is a listed beneficiary (which is improper under Texas law, but that’s a discussion for another day.) In most cases, life insurance is a contract between the insured and the life insurance company, to pay benefits to a beneficiary. The deceased person’s estate (to which most debts attach) is not involved in the process. The notable exceptions are life insurance policies specifically geared towards credits. A common example is a credit life policy. In this policy, an insured purchases a policy to cover a specific debt, such as a mortgage. This way, should the insured die, the mortgage is paid off in full.

Related Articles:

If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.


Or click here for Instant Messaging with our office (office hours only)

Post Footer automatically generated by Add Post Footer Plugin for wordpress.


]]> http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/feed/ 0 My husband / wife died and designated someone else as the beneficiary of the life insurance policy? What can I do? http://leonlaw.com/2009/02/15/my-husband-wife-died-and-designated-someone-else-as-the-beneficiary-of-the-life-insurance-policy-what-can-i-do/ http://leonlaw.com/2009/02/15/my-husband-wife-died-and-designated-someone-else-as-the-beneficiary-of-the-life-insurance-policy-what-can-i-do/#comments Mon, 16 Feb 2009 01:51:48 +0000 David Leon http://leonlaw.com/askalawyer/?p=202 In most cases, no, life insurance proceeds are not subject to estate debts. The most common exception is when the “estate” is a listed beneficiary (which is improper under Texas law, but that’s a discussion for another day.) In most cases, life insurance is a contract between the insured and the life insurance company, to pay benefits to a beneficiary. The deceased person’s estate (to which most debts attach) is not involved in the process. The notable exceptions are life insurance policies specifically geared towards credits. A common example is a credit life policy. In this policy, an insured purchases a policy to cover a specific debt, such as a mortgage. This way, should the insured die, the mortgage is paid off in full.

Related Articles:

If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.


Or click here for Instant Messaging with our office (office hours only)

Post Footer automatically generated by Add Post Footer Plugin for wordpress.


]]> http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/feed/ 0 Does Texas law recognize a “common law” or informal marriage? http://leonlaw.com/2009/02/15/does-texas-law-recognize-a-common-law-or-informal-marriage/ http://leonlaw.com/2009/02/15/does-texas-law-recognize-a-common-law-or-informal-marriage/#comments Sun, 15 Feb 2009 22:41:33 +0000 David Leon http://leonlaw.com/askalawyer/?p=177 Yes. Texas law recognizes informal marriages. This issue most often after the death of one spouse, where the surviving spouse is attempting to prosecute a claim or where a surviving spouse is seeking a death related benefit from the deceased spouse.

The elements of a common law marriage are that a couple (1) agreed to be married, (2) lived together as husband and wife, (3) represented to others that they were husband and wife, (4) were more than 18 years old and (5) neither party was already married.

If a person is attempting to prove the existence of an informal marriage, then that person should do so within two years of the date the marriage ended (by either abandonment or death), as the burden of proof will shift.

Related Articles:

If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.


Or click here for Instant Messaging with our office (office hours only)

Post Footer automatically generated by Add Post Footer Plugin for wordpress.


]]> http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/feed/ 0 I am shopping for an auto insurance policy. What do the coverages mean, and which ones should I purchase? http://leonlaw.com/2009/01/28/i-am-shopping-for-an-auto-insurance-policy-what-do-the-coverages-mean-and-which-ones-should-i-purchase/ http://leonlaw.com/2009/01/28/i-am-shopping-for-an-auto-insurance-policy-what-do-the-coverages-mean-and-which-ones-should-i-purchase/#comments Wed, 28 Jan 2009 20:14:49 +0000 David Leon http://leonlaw.com/askalawyer/?p=101 In dealing with personal automobile and commercial auto policies, many people need a quick primer on what the individual coverages actually mean. Here is a VERY brief overview of standard policy options, and what they mean. Please note that your policy will be much more detailed. YOU NEED TO READ YOUR POLICY AS IT MAY VARY.
 
1. Bodily Injury Liability – If covered, then the insurance will pay for losses if you are at fault in an accident and are legally responsible for others’ injuries. It does not cover your own injuries. This may include passengers in your car, drivers and passengers of the other car(s) and pedestrians involved in an accident. The policy is usually listed as per person / per accident. This means that any individual in the accident can collect up to the per person amount, but if there are several people in a common accident, they are capped by the per accident amount. Also, beware that there may be a family member limit on the policy which is lower than the per person amount. This coverage is mandatory. Presently minimum limits on this policy is $25,000 for purchased vehicles, and $100,000 for leased vehicles. If this is a commercial vehicle, then you MUST notify the insurance company that the vehicle is for commercial purposes.

2. Property Damage Liability – This means that the insurance company should pay for losses if you are at fault in an accident and are legally responsible for damage to another’s property. This is mandatory in Texas.

3. Uninsured/Underinsured Motorist Bodily Injury (UM/UIM BI)- If you are not at fault in an accident, and the other driver has no insurance (or not enough) then this coverage should provide for medical expenses for you and your passengers. Although this coverage is optional, it should not be avoided. Given the cost of the insurance versus the expense if you are in an accident with an underinsured motorist, it is strongly recommended.

4. Personal Injury Protection (PIP) – This should pay for expenses resulting from an auto accident for you or your passengers, regardless of fault. Eligible expenses generally include medical, funeral, disability and lost wages to the extent that they can be documented. This coverage is optional, but is strongly recommended.

5. Uninsured/Underinsured Motorists Property Damage (UM/UIM PD) – If you are not at fault in an accident this coverage should protect your vehicle if your vehicle is damage by a driver who does not have any and in some case not enough insurance. 

6. Medical Payments Coverage (MPC) – This optional coverage should pay for medical, dental and funeral expenses for you or your passengers, regardless of who is at fault. It is similar to PIP, but does not cover lost wages.

7. Comprehensive (comp) – This coverage should cover repair to your vehicle from damage caused by covered risks such as theft, vandalism and hail. This is typically required for financed and leased vehicles but not for purchased and paid for vehicles. If your car has any significant value, it may be a smart purchase.

8. Collision – This covers repair of your vehicle from damage caused in an accident, regardless of fault. It is typically required in financed purchases. If your car has any significant value, it may be a smart purchase.

9. Rental Reimbursement – This coverage helps pay for the cost of a rental car while your vehicle is being repaired as a result of a covered loss. This coverage is optional, but strongly recommended, especially if you use your car to get to/from/during work.

10. Towing – This coverage should pay to have your vehicle towed if it is disabled. This coverage may be duplicative of an auto club policy or a vehicle warranty.

11. Gap – This coverage applies if your vehicle is a total loss, and you owe more than your vehicle is worse. Although this is optional, it should be considered a mandatory purchase for any financed vehicle in which there is a possibility that you may owe more than the . Put simply, if you owe more than your car is worth, and it is totaled, you still have to pay the difference unless you have this coverage.

Related Articles:

If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.


Or click here for Instant Messaging with our office (office hours only)

Post Footer automatically generated by Add Post Footer Plugin for wordpress.


]]> http://leonlaw.com/2009/12/25/are-life-insurance-proceeds-subject-to-the-debts-of-the-deceased-person/feed/ 0