Life Insurance Proceeds After Divorce, Judgment is Unclear About Ex-Spouse's Rights

[medic44]

My question involves insurance law for the state of: Texas and Texas Family Code CH 9


My father passed away and had an inurance life insurance policy. Now he never went back to the company and redesignated his ex spouse as the first beneficiary. Now the Family code says it would go to the contingent, me, since that did not happen. Now in his divorce decree she filed there was a paragraph stating what is awarded to him and had several things listed and some check boxes. One of the check boxes was left unchecked by the ex spouse and it read something to the effect of "any policy on the husbands life"... now it did not specifically say "she or ex spouse" is awarded it, it was just the box was left unchecked as to allow her to give claim to it(or that is how I read it). In the paragraph that had what the ex spouse is awarded it did not say she was awarded life insurance claims/payments/policies. It seemed the overall decree stated what was hers was hers and what was his was his. No clause was in the decree about life insurance specifics, ie. redesignation of beneficiaries or designees to remain the same as present. So by this it appears to me that I would be the only one to receive the policy. Yet when I called the insurance company they seem unsure. How "specific" does the divorce decree have to read to be clear? Can it be as simple as that? A "check box" being unchecked? That does not seem enough for me. I am concerned that she will get this and she has already stolen all his belongings, money/personal property. This was all done while I was proceeding to the court to gain control of his estate, which she has now rendered "0". Please help. Thank you.

[Mr. Knowitall]

Realistically speaking, we cannot explain to you the provisions of a judgment of divorce that we have not had the opportunity to review.

Is the ex-spouse pursuing the insurance proceeds? If not, she can resolve the issue by waiving her rights as a beneficiary.

[medic44]

above is the document/decree.. I do not see how leaving box 6 unchecked is stating my dad awards his ex spouse his life insurance policy. On her page where it mentions things awarded to her there is no mention of insurnace policies of any kind. so I am confused as to why the insurnace company seems unsure. I was awarded his first life insurance policy and it was the same exact situation.. any help would be appreciated.

[Christina19]

Hi,
I think you must go through the term's & conditions of the insurance policy. Thank you.