Legal Question in Wills and Trusts in Texas

Benificiary question

My grandfather had a policy for $2500 , when he retired from his tx work. When he died he had the benificiary as my mother. Second benificiary was changed to my youngest brother, which my grandfather's wife at time had it changed. Well my grandfather passed away dec.22, 2007. And so my mother should recieved it, but she passed away jan.19,2008, before it had to get to her. Even though she passed away , we as the the grand kids should split it , or should my brother get it all to himself. Oh by the way when his wife and my grandfather changed the benificiary to my youngest brother, it says witness couldn't be no relation to member,my grandfather, well it was , the witness was his wifes's sister, which was his sister-in-law. Need answer thanks


Asked on 1/21/08, 11:41 pm

1 Answer from Attorneys
Kathryn Perales PMI Oil Tools

Re: Benificiary question

At first glance, this looked like the kind of problem that sometimes costs more to fix than it is worth. However, I see that the first beneficiary was still alive at the time of your grandfather's death. Therefore, your mother's estate should receive it. The ultimate recipients depend upon yoru mother's estate. If she had a will, then it passes according to the will. If not, then it depends upon her family structure. If there is no probate or administration, the life insurance company may give you a form to fill out which will set out your mother's family members, and then the life insurance company is likely to distribute the proceeds according to the heirship laws.

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Answered on 1/25/08, 10:33 am


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