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Life policy question for the state of Texas

Posted on 10/24/16 at 8:09 pm
Posted by ctiger69
Member since May 2005
30616 posts
Posted on 10/24/16 at 8:09 pm
So I have two life policies right now, Minn Life and State Farm. I currently have my wife as the primary beneficiary for both policies. I would like to change it and have my parents the primary beneficiary of one of them since they never had much money and I know they would divide it up with my siblings.


This post was edited on 10/26/16 at 11:38 am
Posted by Huey Lewis
BR
Member since Oct 2013
4655 posts
Posted on 10/24/16 at 8:29 pm to
Do you have kids and if so, is your wife okay with this? My family dynamic is perhaps so different from yours that I'm having a hard time wrapping my brain around putting my parents or siblings as a life insurance beneficiary.

My first thought would be to set up a trust for your wife and kids and a separate trust for your parents and siblings.
Posted by ctiger69
Member since May 2005
30616 posts
Posted on 10/24/16 at 9:17 pm to
quote:

Do you have kids and if so, is your wife okay with this? My family dynamic is perhaps so different from yours that I'm having a hard time wrapping my brain around putting my parents or siblings as a life insurance beneficiary.


Good point
This post was edited on 10/26/16 at 11:37 am
Posted by Teddy Ruxpin
Member since Oct 2006
39584 posts
Posted on 10/24/16 at 9:35 pm to
Even in community property states, life insurance policies are passed outside of the community estate to the named beneficiary, I believe subject to a credit for any premiums paid by the community.

Don't take my word for it, I've been drinking. Don't sue me either, not legal advice, i advise seeing an attorney for advice, etc etc leave me alone.
This post was edited on 10/24/16 at 9:38 pm
Posted by Old Sarge
Dean of Admissions, LSU
Member since Jan 2012
55318 posts
Posted on 10/25/16 at 1:01 pm to
If it is a term policy it has no value now and thus isn't community property. If it is a whole life I'm sure it's going to be complicated for you
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37125 posts
Posted on 10/25/16 at 1:08 pm to
I believe your wife has to consent to the beneficiary change. This is because she now has an interest in the policy, with Texas being a community property state. As long as she consents, you should be all set. I seem to recall having seen people need spousal consent in areas like this. Community cash is being used to fund the policy, I assume.

And if she doesn't consent, my boy, you got other issues!

EDIT: I found this: LINK
This post was edited on 10/25/16 at 1:11 pm
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