Legal Question in Family Law in Texas

Can Trustee of Life Ins Policy spend it if Beneficiary is a minor?

My ex-husband and I have a 6 yr old daughter. In our divorce he was required to maintain a life ins policy with our daughter listed as sole Beneficiary and me listed as Trustee. My ex-husband recently passed away and his widow will not tell me anything or give me any information about anything, even though I have requested it. I did find out he had a policy with our daughter listed as the beneficiary but I am very concerned about who was named as Trustee. If he named a person other than myself, can this person spend our daughters inheritence and get away with it? What are my options? How do I get this changed? I am scared to death the insurance company will cut a check and our child will never see a dime of it.


Asked on 4/18/02, 11:10 am

1 Answer from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

Re: Can Trustee of Life Ins Policy spend it if Beneficiary is a minor?

If your ex did not follow the order, his estate can be held liable. You will need an attorney to file suit to enforce the order. In all probability, once the widow talks to an attorney, the attorney will tell her to give you the information and to work to see that the order is obeyed. If not, it might be necessary to file suit.

You should move quickly, because the insurance company might very well pay, according to valid instructions and then there might possibly be nothing left in the estate.

Good luck.

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Answered on 4/18/02, 4:03 pm


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