Legal Question in Insurance Law in Texas

My husband and i bought a $500K life policy in 1993 when we moved to Texas. The policy covers my husband at 500K or myself at 500K, whomever dies first and there is a 25K rider for each of our 2 children. I am the primary beneficiary named on the policy. Recently, I discovered that he has requested beneficiary change forms for the policy from an agent out of Ohio. We have been married for 30 years. Is this something that can be changed without my consent, by using an agent in a non community state.


Asked on 8/31/10, 1:57 pm

1 Answer from Attorneys

David Leon David L. Leon, P.C.

It depends on the policy. In almost all policies, if they are purchased during the marriage, then they are community, and one spouse can't designate someone else without the other spouse's consent. However, ERISA based policies that are part of employee benefits may present more of a challenge. If he does change it, you can fight it.

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Answered on 9/05/10, 6:56 pm


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