Do I have any rights with regard to property that my mother bought with my late father’s ife insurance money?

My father passed when I was 10 years old; I am now 19. My mother re-married quickly and with my father’s life insurance she built a house and bought 35 acres. Now she is divorced again and selling the land. Is there any way I am entitled to some of the money she gets from selling the property?

Asked on September 12, 2012 under Estate Planning, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If she was listed as the beneficiary of the life insurance policy, then no, you would not have any rights to the money or the investments of that money. 

Some items pass by will and other things pass by law... for example, if people own a piece of property with a "right of survivorship," then the land would automatically go to the survivor without the necessity of a will.  Insurance policies have a similar effect.  Whoever is listed as the beneficiary gets the proceeds.  If you were listed on the insurance policy, then you may have an interest in the proceeds, but only if you are listed specifically by name or indirectly as the recipient of a trust.

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