Legal Question in Wills and Trusts in Texas

Insurance Beneficiaries

My grandfather recently died. He divorced his 1st wife in 1954. The Property Settlement Agreement stated he would leave his life insurance policy irrevocably to his children. However after he remarried in 1956, payments on the insurance policy were made from community property funds.

Question: Can 1/2 of the proceeds from the policy be paid to his present wife of 47 years to be used for funeral expenses and the other 1/2 of the proceeds among his children?


Asked on 12/28/03, 7:30 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Insurance Beneficiaries

No. Insurance falls outside of probate. The beneficiaries receive the proceeds.

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Answered on 12/29/03, 12:01 pm


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