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.
some of the answers here are a bit lacking. This topic is a bit more complex. How for example was the policy paid for? If "common" monies were used then it can easily be argued both spouses paid for it and so both are required to agree to the beneficiary. If one spouse did not tell the other about the policy you may now have a case of fraud.
No, but whoever you list they have to have an insurable interest such as another family member.
IF a couple was married and then divorced,and then lived together as husband and wife for over 25 years, then the "husband" abandoned her, can she receive social security benefits (in Texas)?
After getting divorced from Luci Johnson, Patrick Nugent resigned from the Johnson radio station. He owns a service station in Texas. They were divorced in 1979 and had four children together.
Even if you are living a separate life from your wife for four years , you will have to give her the money to live. Even if it is Texas state. So it is always better to get a divorce as soon as possible, with all the details in black and white.
If you are a Green Card holder and living in Texas, you do not have to go back to Germany to get divorced. You can legally get divorced in Texas.
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 in the state that THEY are a legal resident of.
If you have residency
That would depend entirely on Texas law. Suggest you consult a probate (or estates) attorney in Texas.
Yes. If the beneficiary does not want to assume the financial responsibility of the property he or she is not legally entitled to do so. They may refuse the bequest and the issue will be disposed or distribted according to the state probate laws.
In Texas the debts of the deceased, including hospital bills, are the responsibility of the estate. The estate, or its beneficiary should reimburse any valid debtors before giving any of the assets away. If the estate has been closed, there should be no further claims. Consult a probate attorney in your jurisdiction for help.
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.)
no you can't
no... not her/his child ....that is called innocent spouse and the wages of a spouse that is not responsible for someone else's child when it is not biologically theirs.
To file in Texas, one of you must have lived in Texas for the last 6 months, and in the county where it's filed for at least 90 days before the Petition was filed. So, if you live in California but your spouse is in Texas, you can file where your spouse lives.
Yes. Texas is a community property state, therefore your spouse is entitled to half of the retirement you earned during marriage if you are divorcing in 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 marriage is filed within two years of the date the parties separated and ceased living together. There may be complication regarding inheritance within an informal marriage. The spouse in an informal marriage has the same rights of inheritance as a spouse in a formal marriage. However, the family that would inherit if there was no spouse could oppose the common law claim and make the surviving informal spouse prove there was a 'legal' informal marriage. You can read more about informal or common-law marriages in Texas at the related link provided below.
No. A new spouse is not obligated to pay for a child they did not help conceive.
It would not be successful in preventing a lien. A spouse is considered to have benefited from any income the spouse had.
If it is your wifes policy and she is the owner, only she can change the beneficiary designation. It does not matter what state you live in. 4LifeGuild
In Texas, the estate must resolve all debts including medical bills. Until that is done, the spouse cannot inherit anything.