Irwin v. Irwin, 307 S.W.3d 383 (Tex. App.—San Antonio 2009, pet. denied).

Other Estate Planning Matters

Life Insurance

 

The appellate court determined that an executor of an estate lacked standing to litigate issues regarding the proper payment of life insurance proceeds. Life insurance is a non-probate asset and the insurance policy was not payable to the estate. Prob. Code § 450.

Moral: Disputes regarding the proper payment of life insurance proceeds should be between the claimants to the proceeds, not the estate of the insured unless the estate was the named beneficiary or would otherwise be entitled to the proceeds.



Back