Legal Question in Wills and Trusts in Texas

Annuity Beneficiaries

MY mother passed away naming my brother and myself as beneficiaries on an annuity she had. But before we filed our claims sadly my brother took his own life. My question is ''Who would now be beneficiary of this annuity? Would his part go to his wife? (she had herself declaired this in court after death. She was living with another man at time of death.) She and my brother have a 13yr. old daughter. Would his part go to her? OR, would I now become the sole beneficiary?


Asked on 4/29/08, 7:42 pm

1 Answer from Attorneys

Kathryn Perales PMI Oil Tools

Re: Annuity Beneficiaries

What a sad story. Since your brother survived your mother, probably his half goes to his estate. You would want to check out the exact language of the annuity contract and the beneficiary designation, however, to see if there was any survival time requirement. If not, the beneficiaries of his estate are those people named in his will, or the people who are his heirs at law. Depending on family relationships, the "wife" may be his sole beneficiary.

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Answered on 4/30/08, 9:39 am


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