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  1. #1

    Default Automatic Revocation of Life Insurance Upon Divorce, Texas Probate Code 9.301

    My question involves insurance law for the state of: TX

    Hello,
    I would like to know if there is a way to circumvent Texas Probate Code 9.301. I've read the law which states that one must declare/claim the life insurance policy in the final divorce decree or be re-designated by the spouse after the divorce is final. This policy was not issued by an employer, it was individually purchased so I don't believe that ERISA can be invoked and there are no children or joint businesses involved. We were never notified of this upon purchase of the policy. Is there any other way around this law? It seems unconstitutional for the state to step in and interfere with a private contract. Your help is greatly appreciated.
    Kind regards

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Texas Probate Code 9.301 - Automatic Revocation of Life Insurance Upon Divorce

    In Texas (per Tx. law) after divorce, the designation naming the ex-spouse as
    beneficiary is no longer effective. If there is a contingent bene - the proceeds
    will be paid to that person. If no contingent was named, the insurance proceeds are payable to the estate of the deceased and will be distributed according to the will or
    the state statutory intestacy rules - depends on whether or not there is a will.

    If someone wanted the ex-spouse to receive the insurance proceeds upon their death, they needed to specify this in the divorce decree or re-designated the ex-spouse as beneficiary after the divorce is final.

    Texas Family Code 9.301

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Texas Probate Code 9.301 - Automatic Revocation of Life Insurance Upon Divorce

    P.S. Just for your info - this does apply to individual life ins. policies.

  4. #4

    Default Re: Texas Probate Code 9.301 - Automatic Revocation of Life Insurance Upon Divorce

    Hi Betty,
    Thanks so much for that information. However, I can't seem to get an attorney to return my calls and I would like to appeal this decision. I have Googled how to write a life insurance appeal letter and even looked for a template, but cannot locate one. Would you be able to direct me to a resource that can assist with this?
    Many Thanks!

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