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In Texas, certain rules apply to life insurance beneficiaries, including who is automatically designated as the primary beneficiary. By default, if a policyholder has a spouse, they will be designated as the primary beneficiary of the policy, unless the policyholder specifically designates someone else in writing.
If you are a resident of certain states, you may be required to list your spouse as your primary beneficiary and designate him or her to receive at least 50 percent of the benefit. In some states, you can name someone else with your spouse's written permission.
A primary beneficiary is the person (or persons) first in line to receive the death benefit from your life insurance policy ? typically your spouse, children or other family members.
Naming Your Spouse as Your Beneficiary In Texas, your spouse cannot inherit from you after you divorce unless you make an affirmative statement that that is what you want. But Texas law does not govern your 401(k), 403(b), 457 or other ?qualified? (meaning tax deferred) funds.
Spousal Inheritance When a Will is in Place Community property includes the assets the couple acquired together during their marriage. Generally speaking, each spouse has a right to half of the community property and so, this is automatically distributed to a widow after their spouse's death.