Legal Question in Wills and Trusts in Texas

Texas probate law--If the main beneficiary on a life insurance policy passes away

four years ago and then the policy holder (divorced)passed away eight months ago and there were no wills,would the proceeds go to policy holders one child or be split between the one child and the main beneficiaries children?Also is there any way the attorney representing the policy holders child can legally detour these benefits from the main beneficiaries children ?


Asked on 6/14/12, 9:10 am

2 Answers from Attorneys
Arthur Geffen Arthur H. Geffen, P.C.

All of this is determined by the beneficiary designations on file with the life insurance company. If the primary beneficiary died before the insured, and the insured did not have secondary beneficiaries named, the policy proceeds go to his estate. If there is no will, then the life insurance proceeds are split up according to Texas Intestacy Laws. Hope this helps.

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Answered on 6/14/12, 9:35 am
David Leon David L. Leon, P.C.

I need more information:

1. You said the named insured died four years ago. Was the beneficiary of the policy alive when the named insured died?

2. Does the policy have back up beneficiaries?

To answer your question, yes, an attorney can wait to get paid until the policy delivers.

Dave

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Answered on 6/14/12, 9:44 am


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