Legal Question in Wills and Trusts in Texas
Dying without a will.
My stepdaughter, who I did not adopt, accidently died at 19 years old and she was living with me and her biological mother at the time of her death.We live in Texas and her biological father lives in Michigan. Her father was court order to pay child support since 1995 to our daughter and her two brothers, who also lives with us. The bio father only began paying the court order child support Nov. 2001. He never calls the kids nor sent them birthdays or hoildays cards/gifts. My question is how can we prevent him from getting any part of our daughter's bank account or any insurance settlements? She did not have a will and she wwas the only one on her bank accounts.
1 Answer from Attorneys
Re: Dying without a will.
You can't. Insurance passes by contract, and goes to the named beneficiary. If that is her estate, then her estate will be divided up between her biological parents. Of course the administrator for her estate can always sue her biological father for unpaid child support, and attach his portion of the estate while the amount due is determined.