Weatherford, TX asked in Probate for Texas

Q: Who has right over my husband's life insurance and land after he passed. His kids? or I? His son is named beneficial on

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1 Lawyer Answer

A: Typically proceeds from life insurance policy goes to a pre-designated beneficiary. So it could have been anyone: you, his kids, neighbor, parent, friend etc. But if he did not name any beneficiaries, then it goes to his estate. If there is a will, then it will go to whoever he designated in the will. If there is no will, the proceeds will be divided according to the intestacy laws in TX. For real property, it depends on whether it is community property or personal property. And then it also depends on if it is solely owned or jointly own or if there is any right of survuvirship. As you can see, it is not something that can be answered based on your 3-line question. You should consult with a probate attorney.

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