Dear Mr. Premack: My husband recently died in an auto accident caused by another driver. There are two auto policies that will pay a benefit — the other driver's and our own underinsured motorist coverage. My husband did not have a will. Both insurance companies are telling me that the benefits must be equally divided among all heirs, which they say are his parents, me, our two adult children, and his daughter from a previous relationship. They cite two Texas cases to support their position but cannot name a Texas statue that says this is how proceeds must be distributed. Is what they are saying correct? It seems that at least for the policy that we paid for I should be the sole beneficiary.
— LR
The insurance policies you speak of are not like life insurance with a beneficiary clause. Rather, they are casualty insurance meant to compensate for losses someone suffers. The other driver caused the accident, so the other driver is liable for the damages caused. But no one knows exactly what those damages are or exactly who suffered those damages.
The other driver's policy covers his liability to whatever limit he purchased. Your policy's "uninsured/underinsured" provision provides coverage for damages beyond the limits of the other driver's policy. However, neither policy defines to whom there is liability, or in what amounts. Since there is as yet no court judgment telling the insurers to whom they are liable — and to whom they are not liable — they are throwing money onto the table in hopes that all parties of interest will voluntarily accept the funds and release them from further liability.
Many people were damaged in this auto collision. Your husband suffered damages. Though he had no will (which makes things more difficult) legal action must be taken to define: 1) who will represent his interests as administrator of his estate, and 2) to whom the damages he suffered should be paid. The state's laws on intestacy will be applied by the court to identify his heirs.
You also suffered damages, so your lawyer will represent your interests and help you receive the compensation due to you, separately from that due to your husband's estate. Your kids and his parents suffered damages, and may also have grounds for separate compensation of their own.
The most important thing to remember is this: both insurance companies want to pay as little as possible despite the fact you paid for coverage. You need an attorney experienced in personal injury lawsuits to represent you. You also need an attorney to probate your husband's estate and an experienced personal injury lawyer for the estate. Anyone else who suffered damages should hire their own attorneys. No one should take any money from the insurers or sign anything without review by and approval from their own attorneys.
And you should have a will drawn up for yourself as soon as possible so that your kids won't have such a difficult legal struggle if you should die as well. Dear Mr. Premack: I am aware of the laws concerning assisted suicide in Texas, but do those laws only concern a physician and his or her patient?
— Anon
The Texas Penal Code makes it a crime to intentionally aid or attempt to aid another person to commit or attempt to commit suicide in Texas. Punishment ranges from misdemeanor treatment to time in the state penitentiary, depending on whether the attempted suicide causes bodily harm.
The crime of "aiding suicide" in Texas applies to any person who breaks this law. It is not limited by just forbidding these actions to a doctor; all persons are forbidden to aid another in committing suicide.
Whether that law is right or wrong, it is the law in Texas and it seems unlikely that Texas will be changing the poli
cy anytime soon. Oregon and Washington state do allow legal physician-assisted suicide when very specific statutory guidelines are followed. Montana's courts recently ruled that its constitution allows the right to a dignified death, and that physician-assisted suicide for a competent terminally ill person will no longer be treated as a crime. Texas forbids physician-assisted suicide along with all other forms of aided suicide.











