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Life insurance and children from a previous relationship

San Antonio, TX |

I am currently engaged to a man with whom a have a 4 month old. I also have two children from a previous relationship. my question is regarding life insurance policies. I currently have my fiance as primary and my three children as secondary (each with equal amount). however, seeing as how my two oldest children are not my fiance's then if i were to happen to pass away, will the portion of life insurance i leave to my children go to their father since they are minors? Is there a way to ensure that the money goes straight to my children. (their father has never really been responsible with finances and i would not want to leave any types of monies to him). aside from the life insurance, is there a way to declare a guardian to my two children to stay with my fiance? my ex is not very responsible and is constantly switching jobs, can really barely take care of himself and it concerns me to have my two oldest children be forced to live with their father just because of the blood relation. i feel they would be better cared for and all needs met by my fiance. any suggestions or advice?

Attorney Answers 3


  1. You need to prepare a will identifying a gaurdian for all your shildren in the event of your death. Pick someone who is willing and stable. With your fiance as primary beneficiary, he do whatever he wants with the money and is not required to use any of it for the children. You need to consult a probate attorney to help you plan ahead.


  2. I agree with Ms. Trevino, and want to stress that life insurance proceeds do not pass through your estate. They are paid directly to the beneficiary. Either work with the insurance company to split the proceeds, or have it paid to a trustee that will distribute the proceeds according to the trust directives.


  3. First you need a Will expressing Guardians for your Children. Next you need to contact your insurance Company as the proceeds pass outside the Will. You will need to leave the proceed "in trust" to your children, nameing the Guardian as trustee or anyone else that you want.