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Tina, Lawyer
Category: Legal
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Experience:  JD, BBA Over 25 years legal and business experience.
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Texas, Dallas County Married 12/72, Divorced 12/80, ex husband

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Texas, Dallas County Married 12/72, Divorced 12/80, ex husband died 4/01, never remarried, I married again 6/96 He had a life insurance policy stated beneficiary LINDA DILBECK, WIFE.
We were divorsed 20+ years, he never changed beneficiary. When he qualified for 401K he assigned his mother as the beneficiary. I am contacted by insurance company to complete claimants statement to disburse proceeds. Am I entitled to insurance proceeds? If so, what do I do?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

Hello again, Linda.

TX law provides that the designation of a spouse as beneficiary to a life insurance policy is not effective if the designation is made prior to a divorce or annulment and then a valid divorce or annulment is obtained. Therefore, you would not typically be entitled to the proceeds of the insurance policy since your ex did not designate you as the beneficiary after you were divorced. I'm sorry.

Here is a link to the applicable statute which makes the designation to you unenforceable (Section 9.301):

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


Tina and 5 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

when did that law become effective?

The link I provided you indicates it was passed in 1997 as follows:

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

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