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?

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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 11 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.


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