Accepted Answer

As INFOLAWYER attempted to respond to your question and has opted out to others, in view of the grief you are suffering and the anxiety of waiting several days to be able to contact the employer regarding your husband's Fidelity group life insurance benefits, I am hopeful the following answer will provide you with some comfort as you face funeral expenses and bills:

I will separately address the suicide clause in life insurance and Texas community property law:

(1) Since you indicate your husband had the group life insurance policy in force through his employer for six (6) years there should not be a concern regarding your beneficiary survivor right to a life insurance proceeds payment from his policy.

The reason for the two (2) year limitation in life insurance policies (to the effect that no death payment will be made if an insured commits suicide within the first two years that the policy is in force) is to protect the life company against adverse selection (purchase of a life insurance policy by someone seeking to insure their life while contemplating their planned death in order for a beneficiary to collect the proceeds).

The six year period of coverage for your husband and the payment of group life insurance premiums during that time through the employer should avoid any concern that the suicide clause would have any impact in your current situation that would avoid life insurance coverage.

Fidelity can be contacted even during this President holiday if you need further assurance. If you need a telephone number or link to group life claims or customer relations, please let me know.

(2) As to the impact of the Texas community property laws on the responsibility of the surviving spouse for debt obligations, you may need Texas counsel to address the potential complexity of that issue (for example is homestead property involved?). Unlike most community property states which split debt obligations equally between both spouses, Texas, in some debt situations allows an unequal split which may depended on the separate use and contribution of each spouse.

For example, the following is from the IRS website regarding collection of tax debts in community property states, which details possible differences in Texas:


"25.18.4.3 (02-15-2005)
Management and Control and Collection

The issue of which spouse has management and control over community property has limited impact on tax collection, except in the State of Texas. In Texas, management and control determines the collection remedy if only one spouse owes taxes. Tax debts of a spouse may be satisfied with 100% of the liable spouse's sole management community property, 100% of joint management community property and 50% of the nonliable spouse's sole management community property. See Medaris v. United States , 884 F.2d 832 (5th Cir. 1989). There are special limitations on homestead property in Texas. If homestead property is involved, contact Counsel. For a discussion of Management and Control See IRM 25.18.1.2.11".

The IRS website link follows:

http://www.irs.gov/irm/part25/ch13s04.html

If you need Texas counsel to assist you with a review of debt obligations you may want to contact the local Texas bar association lawyer referral service to assist you in selection and fees.

I hope this information is helpful to ease your concerns. If you need further clarification, please advise. Condolences on your loss.

Expert:	GWarren Customer Advocate
Pos. Feedback:	100.0 %
Accepts:
Answered:	2/16/2009

Attorney

30 yrs Counsel, claims, corp governance Fortune 100 financial insurance co., law firm. OH NJ license