Legal Question in Insurance Law in Texas

right to benifits of life ins..

a policy was taken out on my wife by her father,now she is deceased and he is too. if the benifary is him or her daughter which i don't know who gets the benifit? it been two years sence her death and one year sence his death.and what can i do?


Asked on 3/14/04, 10:57 am

2 Answers from Attorneys

Dan Street Street Law Firm

Re: right to benifits of life ins..

Most life insurance policies allow for designation of a "contingent beneficiary" in case the primary beneficiary pre-deceases the insured. Of course, if the primary beneficiary is still alive at the time the insured dies, the proceeds of the policy are payable to that beneficiary, even if that beneficiary dies a short time later (in which case the beneficiary's estate inherits the proceeds). You should contact the insurance company that issued the policy and request information on the beneficiary to your wife's policy.

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Answered on 3/14/04, 8:14 pm
David Leon David L. Leon, P.C.

Re: right to benifits of life ins..

That depends on the following:

1. Who is the primary beneficiary?

2. Who is the contingent beneficiary?

If the primary beneficiary dies before the policy matures, then the contingent beneficiary gets the proceeds. If the primary beneficiary dies after the policy matures, then the primary beneficiary's estate would receive the proceeds.

Your next step should be to hire counsel to contact the insurance company and identify the beneficiaries and begin the process. You may also need probate counsel as well.

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Answered on 3/14/04, 11:10 am


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