Legal Question in Insurance Law in Texas

When you ask is "one eligible to collect benefits in the case of the others' death" it sounds like you are talking about insurance policies, 401K (or other retirement plans), or other employer-related benefits. The person who benefits from those plans depends on who is named as the beneficiary; the benefits are contractually paid to the person that the person who owned them named regardless of whether the person was married.

If a non-married person dies without a will, then the non-married partner does not take property under the law. Under a will, the non-married person can name anyone he or she wishes to be a beneficiary.

Finally, there are arguments about what is a "legal" spouse. Texas has common law marriage. There are three elements to common law marriages:

1. The couple lived together;

2. The couple intended to be married; and

3. The couple held themselves out as married (i.e. told others they were married).

Contrary to popular belief, there is no time limitation (for example, lived together 7 years, etc.).

Good luck.