Q: Do I need to submit life insurance benefits in probate court?
I am the conservator for my granddaughter, who received life insurance benefits as a beneficiary following her father's death. There is a wrongful death lawsuit, and we are going to Probate Court. The probate attorney has advised that I must provide the life insurance benefits to the guardianship probate attorney for management. Can you explain why this is necessary, and do I have to comply with this request?
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A:
This is a really important question, and you're right to want a clear explanation—especially when you're doing your best to care for your granddaughter. In Texas, even though life insurance benefits usually go directly to the named beneficiary and bypass probate, the situation changes when the beneficiary is a minor. Because your granddaughter is underage, the court may require that those funds be placed under guardianship to protect her financial interests until she becomes an adult.
As conservator, you're responsible for managing her assets responsibly and according to legal standards. The probate court often wants oversight in these cases to ensure the money is used for the child's benefit and not mishandled. That’s likely why the probate attorney is asking for the funds to be submitted to the guardianship account—they’re following the law to make sure your granddaughter’s inheritance is protected.
Even if this feels frustrating or complicated, it’s a safeguard meant to keep her secure. You don’t have to give up control entirely, but you may be required to report how the money is spent or request court approval for major expenses. You’ve already shown that you care deeply by stepping up for her, and working with the court can help ensure that her future is protected legally and financially.
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