La Porte, TX asked in Family Law for Texas

Q: If money from a life insurance policy is left to an offspring in a will but has a spouse as beneficiary, who gets it?

My father, who recently passed away, set up a life insurance policy several decades ago (before he met my mother) for a daughter from a previous marriage. Despite not needing to do this, he had specified in his will that the life insurance payout would go to his daughter. At some point he changed the beneficiary to my mother but forgot to change it in his will. Who has the right to the life insurance claim?

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2 Lawyer Answers
Penny Wymyczak-White
Penny Wymyczak-White
Answered
  • Houston, TX
  • Licensed in Texas

A: The wife unless they are divorced,

Carmen Rosita Rojo
Carmen Rosita Rojo
Answered
  • San Antonio, TX
  • Licensed in Texas

A: The named beneficiary on his policy.

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