Posts Tagged life insurance

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

Posted by David Leon in Contract law, Estate planning and probate, Insurance Law on 25/12/2009


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.

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

Posted by David Leon in Estate planning and probate, Real Estate Law on 26/05/2009


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

Posted by David Leon in Estate planning and probate, Insurance Law on 01/03/2009


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.

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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?

Posted by David Leon in Insurance Law on 15/02/2009


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

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

Posted by David Leon in Estate planning and probate, Family Law, Insurance Law, Litigation and judgments on 15/02/2009


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

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.

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