San Antonio, TX asked in Family Law, Consumer Law and Probate for Texas

Q: Divorced in 2006. Spouse died July 2017. I am sole beneficiary of Life InsDecree states I can't have this Life Policy

He intended me to have this..He told me so 3mos prior to death. (stroke). The Fed govt. (policy holder) will only release it to me. His family states Texas Family Law states THEY get it since I signed those papers 11 years ago. I had intended on sharing it with them but now I just want to know the Law. An Insurance expert I spoke with states if a Beneficiary is named specifically-that takes precedence. He told me they can't sue me or take me to Court. They were wanting me to just sign over all rights of Policy to them.

I'm very confused..

There either was no Will or the Policy was not mentioned. He was remarried..she is not the one with the issue.

Thank you

1 Lawyer Answer
Tammy L. Wincott
Tammy L. Wincott
Answered
  • Probate Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: This is a very complicated situation and I think you should seek out a private consultation with a probate attorney. There have been conflicting decisions from the Courts as some say the decree controls and others say the life insurance controls. I'm sorry that doesn't answer your question at all; but I do encourage you to find a lawyer you can meet with and discuss.

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