No Beneficiary named....who is entitled??

[uf_gnuk]

What is the name of your state? Texas

My mom was married and had 6 children. She divorced her first husband and a few years later, married another man who had 3 grown(over 21, not living with him) daughters from a previous marriage. He passed away after about 7 years of marriage.

My mom bought a life insurance policy on herself years later. Since she did not name a specific beneficiary, the policy states if there is no beneficiary the insurance funds will be shared equally by her living children, step-children, and any adopted children.

My question is: are the 3 daughters of my mom's 2nd husband still considered my mom's step-children, even after their father passed??? Are they entitled to a share of the life insurance funds once the claim is paid??

In her will, she specifically listed only her 6 biological children as equal share holders of any assets she had.

 

[BelizeBreeze]

First distinction: Mom's will has nothing to do with this. Insurance and inheritance pass outside of probate and are not controlled by the will.

Second, if that's what the policy states then most likely yes, they are entitled. However, this is a question of fact for a court to decide.

 

[cbevan]

Life Insurance

BelizeBreeze is correct. Wills have nothing to do with life insurance in the State of Texas and most other states as well. If there is no named beneficiary on file, then proceeds are disbursed in the following order: Spouse, if none, then children, parents, siblings, estate. I did life insurance claims for four years.

 

[uf_gnuk]

Thank you both for the replies!!!!

There is no spouse, nor any adopted children.

So if I understand correctly, a court will have to make a final judgement as to if the 3 daughters of my mom's deceased husband are entitled to a portion of the insurance policy proceeds, which was purchased 7-8 years after her husband's passing.

 

[cbevan]

Sorry, I did not interpret that she purchased the policy after his death. If this is the case, then his children probably have no claim to the proceeds. I would consult an attorney just in case to get an interpretation.