Legal Question in Family Law in Texas

Death of Ex-husband

My ex-husband and I divorced in December 2004. We had been married since August 1997. He died in December 2006 and left me as the beneficiary on one of his retirement plans. This was from a company he worked for while we were married, then quit that job before we were divorced. Who should get the death benefit? I say it should be me since he left my name as the beneficiary. His mother says it should be her since she handled his estate. Who is right?


Asked on 7/19/07, 6:09 pm

2 Answers from Attorneys
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Death of Ex-husband

I disagree with James Grissom's answer.

I would direct you to the family code �9.302. where it addresses beneficiaries on retirement plans. When you divorced he forgot to remove your name as beneficiary. If that is what happened then You lose. However, if he put you as the beneficiary to the plan after your divorce you stand a good chance of winning. Good-Luck contact us if you are in the Houston area we can help, 282.485.0990

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Answered on 8/01/07, 9:48 am
James Grissom Law Office of James P. Grissom

Re: Death of Ex-husband

You are. Just got out of one of these fights. Unfortunately, I'm too far to help you. Contact Theresa Langford on lawguru. Spend it well.

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Answered on 7/19/07, 10:16 pm


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