In New York, The proceeds of a life insurance policy as well as money received as a gift, bequeath, or inheritance, should be considered separate property if they are kept in a separate account and not commingled with marital assets. I imagine the law in Texas is the same, but check the law in Texas with an attorney to be sure.
Leonard Weiner, Esq./Divorce Solutions
Unfortunately for you, if your father never legally divorced his 2nd wife
she is still considered his wife .Secondly, if he told you that he wanted you and your siblings to be
the beneficiaries of his estate, you should have asked for a copy of the insurance policy and
made sure that it reflected his wishes.
This is why it is so important to review and update all documents with a qualified attorney to make sure the legal papers reflect the wishes of the testator.
Check with the insurance company to see if your father amended his beneficiaries at a later date or if a Separation Agreement was executed between them in which she agreed not to claim any interest in his estate or insurance policy.
Leonard Weiner, Esq. Divorce Solutions