If my wife died and her daughter is listed as the beneficiary, am I entitled to any of the proceeds from the life insurance policy?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

If my wife died and her daughter is listed as the beneficiary, am I entitled to any of the proceeds from the life insurance policy?

I live in a community property state.

Asked on May 28, 2013 under Insurance Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the daughter is the beneficiary, then all the proceeds from the policy go to the daughter. The fact that you live in a community property state is irrelevant: a life insurance policy is a contract, and the distribution of its proceeds is governed by the plain terms of the contract--that is, the designation of the beneficiary. The proceeds go only to the named beneficiary(ies). The proceeds are never part of your wife's estate and are never assets of hers, to the community property laws do not come into play.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption