In re Estate of Stafford, 244 S.W.3d 368 (Tex. App.—Beaumont 2008, no pet.).

Other Estate Planning Matters

Life Insurance Proceeds


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.