In re Estate of Stafford, 244 S.W.3d 368 (Tex. App.—Beaumont 2008, no pet.).
Primary Beneficiary was convicted of Insured’s murder. Accordingly,
the proceeds of the policy were paid to Contingent Beneficiary under
Probate Code § 41(d) and Insurance Code § 1103.151. Primary Beneficiary
appealed claiming that his conviction was not final because an appeal
was pending.
The appellate court affirmed. The court explained that the Code
provisions do not require that the conviction be final before forfeiture
occurs.
Moral: A beneficiary accused of murdering the insured should put forth
the best case possible at the trial level because forfeiture will occur
even if the conviction is subsequently reversed on appeal.