Legal Question in Wills and Trusts in Texas

I have two life insurance policies, one naming my son as beneficiary, and the other naming my brother as beneficiary. Upon my death, are the creditors of my estate entitled to those insurance payouts?


Asked on 6/10/15, 11:59 am

2 Answers from Attorneys

David Leon David L. Leon, P.C.

Generally no. The life insurance policies are not part of your probate estate, and are generally not subject to your estate's creditors. There are exceptions, however. Most common is in a divorce or child support situation in which a court orders that you have life insurance payable to a child, and you change the beneficiary.

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Answered on 6/11/15, 6:38 am
Keith Engelke Law Office of S. Keith Engelke

If your brother or son dies before you do and there are no other beneficiaries on the policies, the insurance proceeds could become part of your estate, in which case the proceeds would be used to pay any claims against the estate.

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Answered on 6/19/15, 12:45 pm


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