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ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 15598
Experience:  Licensed Texas General Practice Attorney
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My husbands father died and left a will. First, my husbands

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My husbands father died and left a will. First, my husbands mother died in 2001. His father remarried in 2002. The will states that his current wife get an ira account n pick of his personal effects, it says that he gives all the rest and residue of his estate, real. personaland mixed wheresoever to his son, my husband. First she is the executor of his estate and has been very secretive about her dealings with this estate. Now the question i have is their was an insurance policy that was purchased when my husbands mother was alive and at her death, my husbands father told my husband that he needed his social security number because he was making him the beneficiary. This policy was thru his employment and they handled the paperwork. Now the insurance company says there was no beneficiary listed on the policy. According to the will does the spouse automatically get it because of no beneficiary listed or should my husband get.

Unless there is a beneficiary listed, or assuming that the listed beneficiary has died, the proceeds of the insurance policy will go to the estate, not his wife.


That means that the estate gets it, and the "residue" of the estate. If she is not working with you, you may have to get an attorney involved to compel this, or get her removed as the executor (if she fails in executing the terms of the will).


Again, if it's not specifically listed, it would fall under the residue, and would go to your husband. Only if there was a listed beneficiary would it pass outside of probate.


Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq and 2 other Estate Law Specialists are ready to help you
Customer: replied 3 years ago.

For some reason i cant get back on the answer page. so the insurance
company is saying that it depends on the insurance policy and their is no
beneficiary so this one would go to surviving spouse. Should we continue
to pursue the spouse that was living at that time is now dead and he was
married at death to second spouse.


It does depend on the terms of the policy. If it says that it will go "to my spouse" without a name, then it would go to the second wife. But if it listed the first wife by name as the beneficiary, that will have lapsed because of her death, and no beneficiary means that it would go to the estate, not his surviving spouse. There's no "right" in Texas that an insurance policy goes to the spouse.

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