What is the statute of limitations in Texas for contesting when my life insurance claim was denied?

For employer policies governed by ERISA, you typically have 60 days to appeal. For individual policies, file as soon as possible. A Texas life insurance attorney can help ensure a timely, proper appeal.

I am the only named beneficiary. Can I share death benefits with my siblings?

Yes. You cannot add beneficiaries after death, but you may share funds with siblings once you receive them.

The beneficiary changed just before death from me to someone else. What can I do?

If the change was coerced or made when the policyholder lacked capacity, you can contest it. These cases are complex; experienced counsel is important.

When should a spouse contest a beneficiary designation?

Disputes often arise with divorce or remarriage. State law governs outcomes and varies. A Texas life insurance lawyer can explain spousal rights and options.

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Q: I think a loved one may have had life insurance. How do I find out?

There is no single database. Check with the employer for group coverage, review important documents, and look for recurring premium payments in bank statements.

Q: Can I still receive death benefits if the policy lapsed?

Possibly. If nonpayment dates fall within the grace period or the lapse was not the policyholder’s fault, benefits may still be payable. An attorney can evaluate eligibility.

Q: Who is authorized to change a life insurance beneficiary designation in Texas?

Only the policyholder can change beneficiaries. In limited cases, a person with valid power of attorney may do so on the policyholder’s behalf.

Q: Can the beneficiary designation change after the policyholder’s death?

No. Any changes made after death are void.

Q: What if a minor is the designated life insurance beneficiary?

Minors cannot directly receive proceeds. A custodian or a trust can manage funds. Policyholders often use a trust to appoint a fiduciary for the child.

Q: What happens if the beneficiary predeceases the policyholder?

If a contingent beneficiary is named, proceeds go to that person. If not, benefits typically pay to the estate.

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Our life insurance claim attorneys have decades of experience fighting for the rights of life insurance beneficiaries like you.

For decades, our team of skilled and knowledgeable Texas life insurance denial lawyers has helped families and partners receive the death benefits they are owed.

Our attorneys have:

Decades of experience
Recovered over $200 million for our clients
Litigated cases involving many insurance carriers
Accolades from several publications

The purpose of a life insurance policy is to protect families and partners from financial hardship, ensure dependents do not suffer because of untimely death, and make it possible for co-owners of a business to continue operations after the loss of a business partner.

However, 99% of term life insurance policies never pay out, preventing these goals from happening by withholding life insurance claims and neglecting to make payments that are required under the policy. Such practices are wrong and illegal, and you need a life insurance lawyer who can help.

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Common Reasons Life Insurance Companies Deny Claims

Insurance companies often use dishonest tactics to unfairly deny life insurance claims made by beneficiaries. Understanding these tactics is important to determine if you need legal help due to an unfairly or wrongfully denied life claim.

Here are the most common tactics that life insurance companies use to try to avoid paying out life insurance benefits:

Unpaid Premiums

Monthly premiums keep life insurance coverage active and if they stop, the policy can lapse and claims denied. But that is not always the end. If the insurer or employer failed to follow required procedures by Texas law and federal ERISA rules, the lapse may not be the policyholder’s fault. In many such cases, a life insurance claim attorney can challenge the lapse and pursue payment for beneficiaries.

Policy Misinterpretation

Insurers sometimes deny life insurance benefits by claiming misrepresentation, even when premiums were paid. A Texas life insurance denial lawyer can review your records and application to show what the policy really covers and what you disclosed, then challenge denials based on strained or misleading interpretations.

An Exclusion Applies to the Cause of Death

Policies list exclusions, such as suicide, that can bar payment. Insurers may misclassify the cause of death to avoid paying benefits. Our life insurance denial lawyers review medical records, police reports, and witness statements to determine what really happened, and when the death does not fall within an exclusion, we challenge the denial and work to secure benefits for our clients.

Alleged Misrepresentation and Retroactive Cancellation

Applications require accurate health and lifestyle information. Insurers price premiums based on risk, so errors or omissions can trigger disputes. If the insured dies during the policy term, the company may rescind coverage, claim misrepresentation, and deny benefits. Our life insurance claim attorneys examine the application, underwriting file, and timelines to see whether the insurer followed the law and whether any mistake was material. Boonswang Law has decades of experience contesting rescissions.

The Life Insurance Claims Process

Understanding the life insurance claims process is essential for beneficiaries seeking to receive their rightful benefits. Here’s a step-by-step guide to help you understand the claims process:

Notify the Insurance Company: Inform the insurance company of the policyholder’s death as soon as possible. You will need to provide a copy of the death certificate.
Complete the Claim Form: Fill out the required claim forms accurately. Ensure all information matches the details on the policy.
Submit Required Documents: Along with the claim form, you may need to provide additional documents such as the death certificate, policy document, and proof of identity.
Insurance Company Review: The insurance company will review your claim and documents. This process can take several weeks.
Claim Approval or Denial: If approved, the insurance company will pay the death benefit. If denied, you will receive a detailed explanation.

Our life insurance lawyers can assist you through each step to help ensure your claim is processed smoothly and fairly.

Beneficiary Disputes in Life Insurance Claims

Beneficiary disputes can arise when multiple parties claim entitlement to the death benefit. Common life insurance beneficiary disputes include:

Contested Beneficiary Designations: Challenges can occur if there’s suspicion that the policyholder was coerced into changing the beneficiary.
Outdated Beneficiary Information: Disputes may arise if the beneficiary information wasn’t updated after significant life events like divorce or remarriage.
Multiple Beneficiaries: Conflicts can occur if the policy names multiple beneficiaries with unclear or conflicting percentages of the benefit.

Our life insurance claim denial lawyers are skilled in resolving beneficiary disputes. We will work diligently to ensure you receive the benefits you deserve.

What You Can Expect When You Work With Boonswang Law

It is likely you have never worked with a qualified life insurance lawyer before. We want to tell you upfront what you can expect from us. Instead of handling your claim on your own, allow the experienced Texas life insurance lawyers at Boonswang Law to provide you with the following:

Review the life insurance policy to determine coverage and exclusions
Review all correspondence from the life insurance company, including denial letters, to formulate the right response
Thoroughly investigate reasons the life insurance company denied your claim
Negotiate with the life insurance company’s team of lawyers
Litigate your claim in court if the life insurance company still refuses to pay

Insurance Scams & Bad Faith: What to Watch Out For

Life insurance can protect your family, but insurers do not always act in your best interest. They profit when claims are delayed or denied, and some use confusing products or tactics to reduce payouts.

Below are common schemes to watch for when choosing or managing a policy. If something feels unclear, ask for it in writing, keep copies of all communications, and get a second opinion before you sign.

Indexed Universal Life Insurance

Indexed universal life (IUL) policies are often confusing: they’re marketed with market-linked growth, but real gains usually require many years and extra income, and caps, fees, and complex crediting can limit returns. If you have a shorter time horizon or limited disposable income, consider simpler options, seek independent advice, and ask for illustrations showing best, average, and worst-case scenarios. An experienced IUL lawyer can work with you to navigate this process.

Churning Scams

Churning happens when an agent urges you to replace a long-held policy with one that seems cheaper, often using your existing cash value as a hidden loan to fund new premiums. This shuffling can drain both policies, so watch for rushed sales, poor disclosures, or unexplained loans, and never cancel or replace a policy without independent review.

Insurance Bad Faith

Bad faith occurs when an insurer unreasonably delays, underpays, or denies a valid claim. Examples include ignoring evidence, relying on trivial technicalities, or offering far less than the policy amount without justification. Document every interaction, note deadlines, and request written explanations for any denial.

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Common Questions about Life Insurance Claims in Texas

I Think a Loved One May Have Had Life Insurance, How Do I Find Out?

Life insurance policyholders aren’t listed on any comprehensive list or database. If you think your loved one had a life insurance policy, you’ll have to do some sleuthing, such as:

Contacting your loved one’s employer to determine whether they had group life insurance
Investigate important documents, which may include life insurance information

Check bank statements for regularly recurring payments—these may indicate a policy exists.

What is the Statute of Limitations for Contesting When My Life Insurance Claim Was Denied?

Life insurance policies established through an employer can be appealed within 60 days of your denial under federal ERISA law.

For individual policies, life insurance claim denial appeals should be filed as soon as possible. An attorney can ensure your appeal is filed quickly and correctly.

Can I Still Receive Death Benefits if the Policy Lapsed?

Perhaps—there are many circumstances under which you may still be paid. We can evaluate your case to determine your chances of getting paid.

If the dates of the unpaid premiums are still within the policy’s grace period, you may still be able to receive death benefits. Additionally, lapses aren’t always the policyholder’s fault—if the insurance company neglected to give them a disability waiver, for example, you’ll still be entitled to compensation.

Who is Authorized to Change a Life Insurance Beneficiary Designation in Texas?

In Texas, the policyholder is the only person legally authorized to change the beneficiary on their life insurance policy. In rare cases, someone with the power of attorney can change the beneficiary on the policyholder’s behalf.

Can the Life Insurance Beneficiary Designation Change After the Policyholder’s Death?

Not under any circumstances. If there’s evidence that the beneficiary on your loved one’s life insurance was changed after their death, the changes are void. Contact our Texas life insurance lawyers for assistance.

What if a Minor is the Designated Life Insurance Beneficiary?

In Texas, minors can’t directly receive life insurance compensation. Minors who are the beneficiary of a life insurance policy are assigned custodians to manage the benefits. However, the custodian can use the benefits however they like and may abuse that privilege.

If a life insurance policyholder wants a minor to receive the death benefit, they should consider setting up a trust that designates the minor as the beneficiary of the trust. That way, the policyholder can appoint a trusted friend or family member to administer the trust and act as the minor’s fiduciary.

If you are a life insurance policyholder wanting to set up a life insurance trust for a minor, we recommend hiring an estate planning attorney to help you understand the legalities.

What Happens If the Beneficiary Predeceases the Policyholder?

Life insurance policies allow the policyholder to name a secondary or contingent beneficiary in case the primary beneficiary predeceases them. However, if the policyholder neglects to designate a secondary or contingent beneficiary, the claim should pay out to the estate.

I am the Only Named Beneficiary, am I Allowed to Share the Death Benefits with My Siblings?

Yes! Policyholders often only list one of their children as the beneficiary on their life insurance policy. The idea is that the beneficiary will share the compensation with their siblings.

You will not be able to add your siblings to the policy after the policyholder’s death, but it’s perfectly legal for you to share the death benefits with them once you’ve received the funds.

The Beneficiary Designation Changed Just Before the Policyholder’s Death From Me to Someone Else, What Can I Do?

Life insurance policyholders may change their beneficiary at any time before their death, provided they’re of sound mind and the change is not coerced.

If changes were made to your loved one’s policy and you suspect they were made by someone else when your loved one was under duress or when they were in an altered state, you can — and should — contest the change. It’s well known these cases are difficult to prove, so retaining an experienced life insurance attorney is essential.

Call Boonswang Law Today and Discuss Your Claim with a Life Insurance Lawyer in Texas

When a loved one passes away, you have enough to deal with besides figuring out how to file a life insurance claim or contest a denied life insurance claim.

The Texas life insurance lawyers at Boonswang Law can help you navigate your claim, appeal denials, and communicate with the insurance company. Put our decades of experience to work for you and free your mind of this burden.

Boonswang Law proudly serves clients beyond Texas, with experienced life insurance lawyers in California, New Mexico, Arizona, Colorado, Oklahoma, Arkansas, and Louisiana.