In Texas does your legal spouse have to be named as your beneficiary even if you have not been together for 12 years but are not divorced?
From an Insurance agent NO, your spouse does not have to be named as your beneficiary in Texas nor any other State in the USA. You may name any beneficiary you like. A spouse, a Sibling, a Grandchild or other person you choose. It is very common for some people to have multiple policies in place with different beneficiaries named.
Although Texas is a community property state, an "Insurance Policy" is NOT a piece of Property. It is also NOT taxable income and it is NOT a part of the deceased's estate unless no beneficiary was named. Community property laws do not apply, Contract Law does apply.
A life insurance policy is an "Insuring Contract" between you "the Insured" and the "Insurer" to pay a specified amount upon your demise for whatever covered reasons to be paid to the beneficiary you name. Your husband whether current or past at the time of your death would have no claim unless he was named as a beneficiary on the policy.
A life insurance policy, like any other kind of insurance
policy, is a contract. When you buy one, you are asked to designate
a beneficiary. You are free to designate anyone or anything that
you wish (such as a charity). The designation will be recognized as
long as the insurer (or someone else) believes that you were
pressured into the decision or had a nefarious reason to designate
him/her/it. If you do not designate a beneficiary, the proceeds
will be paid to your estate. If you have a Will and have not
included your wife as a beneficiary of the Estate, the proceeds of
the policy will pass to the designated beneficiaries (of the
Estate) with the rest of the property. If you do not have a Will,
since you have not been divorced as of the time of your death, your
wife may have a claim to the Estate.
THIS IS A GENERAL ANSWER ONLY AND NOT INTENDED AS LEGAL ADVICE. I AM NOT LICENSED TO PRACTICE LAW IN TEXAS.
If I have been living separate from my spouse for 4 years and am not yet divorced in the state of Texas is my spouse still entitled to half your earnings from then to now?
Can you be common law married to the same person if you have divorced them but still live together in the state of Texas?
Not automatically: Under Â§ 2.401 of the Texas Family Code, an informal marriage can be established either by declaration (registering at the county courthouse without having a ceremony), or by meeting a three-prong test showing evidence of (1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are married. A 1995 update adds an evidentiary presumption that there was no marriage if no suit for proof of…
It depends on the law of your state. In Texas, all property is presumed to be community property, unless you can show by clear and convincing evidence that it is separate. An inheritance is separate property. A spouse cannot be divested of separate property in a divorce. (It can be tapped to pay child support, however.)
If you divorce your spouse and remarry then later find out your divorce was not finalized what is the status of your new marriage?
It is not valid!!! Your new marriage is not valid as you are still married so, that's Good! You were never divorced! Are you in Texas? If you married in good faith (believing you were divorced) then you are fine with your second marriage. At least that is how it was 20 yrs ago when the same thing happened to me.
If the person who is filing for divorce has resided in Texas for at least 6 months, then yes, they can be divorced in Texas. If they have resided in Texas for less than 6 months, then they have to file in the state they are a legal resident of. If the person residing in Texas is not the petitioner of the divorce, then they can be divorced as long as the petitioner has filed…
If a beneficiary inherits a home in Texas can the beneficiary give it back to the bank if the beneficiary lives in another state?
In Texas if a deceased spouse has named someone other than the surviving spouse on a bank account broker account or CD does the surviving spouse have any claim under community property law?
You live in Houston Texas and your wife wants you to be sixty percent beneficiary and our two adult children twenty percent beneficiary each How can you change this to where you get 100 percent?
If i was married to a bigimast and got married in Texas would I still be married after i divorced the common law marriage?
Can a spouse quit claim a deed to a non-debtor spouse to prevent a property lien by a judgment creditor in Texas?
Texas is a community property state which means that spouses are usually held equally responsible for debts incurred during the marriage even when only one spouse is the account holder. However, this may not apply to the outstanding medical bills of a deceased spouse unless the surviving spouse signed a written agreement with the health care provider(s) to accept said responsibility. This is especially true if the deceased spouse was receiving Medicare and/or Medicaid assistance.
Is a surviving spouse responsible for a deceased spouse's credit card debt if the deceased had no assets except a death benefit from life insurance?
The surviving spouse is only responsible for credit card debt if the account were joint or the married couple lived in a community property state; (Texas and Wisconsin treat marital debt differently than other CP states). Death benefits from life insurance with a named beneficiary or SS death benefit are not subject to creditor action for repayment of the deceased debts.
Can an ex-wife maintain a pre-divorce life insurance policy on her ex-husband and receive death benefits if he dies?
In Texas if a deceased spouse has named someone other than the surviving spouse does the surviving spouse have any claim under community property?
Property acquired during a marriage is subject to community property laws. A surviving spouse in Texas has other laws that may grant rights in the decedent's estate depending on whether there is a Will or not: Laws of Intestacy and a surviving spouse's Right of Election. You should seek the advice of an attorney who can review your situation and explain your options. https://brazoslawyers.com/widows-right-election-texas/