Separate and Community Property

[chinook]

my son passed away in texas not long ago. his life insurance is in his moms name but his wife of a short time has filed a claim for half of it as community property. the insurance was given to him at his workplace 2 years before he met and married his wife. what about the property he aquired and brought into the marriage, is this community property?

 

[ALawyer]

My condolences. It may well be community property.

The insurance was continued as a result of his working there while married. I am a Texas lawyer and not sure if under Texas law it would be deemed community property. You ought to get a Texas profesional to advise you!

 

[Beverly T]

Not community property

I live in Texas. Unless something has changed since I was divorced,What he had before they married is not community property.Only what they brought together after they married is community property.Unless he removed his mom off of the life insurance,then mom will take care of what part has to be used for his expen.Now what is left from Insurance,who knows.I guess a judge would have that say so if his wife trys to get part of it.
Like I said,unless things have changed since I went through this sort of thing,that is the way it is here in Texas.If he and his wife were married for at least ten years,she can get his SS.If they had any children under the age of eighteen,the children will get his SS.Hope this helps.But please check all of this out in case they have changed.I am not a lawyer.Just had some hard times.Best of luck to you.


Bev