Using the Law to Your Advantage in Life Insurance Policies
By: Law Office of Mark S. Humphreys
The decease had named his wife as the primary beneficiary and his wife's son as the secondary beneficiary. The wife and the deceased had divorced before his death. By operation of Texas law and no exceptions applying, the divorce resulted in the ex-wife being automatically excluded as a beneficiary. This meant the claim went to the secondary beneficiary, the son of the ex-wife. However, the deceased had remarried and the new wife made a claim to the life insurance benefits based on some incomplete paperwork mailed to the life insurance company making the new wife the sole beneficiary.
Mark was able to show the strong relationship between the deceased and the son of the ex-wife and that the incomplete change of beneficiary papers were insufficient to effect the change of beneficiary thus, resulting in Mark's client recovering the policy proceeds.
Page Updated Last on: Dec 15, 2018