Legal Question in Wills and Trusts in Texas
My ex-husband recently died in a plane crash along with his wife, is wife took out an insurance policy on him. My ex-brother in law, filed the claim with the insurance company and soon there after received a check for the insurance policy. The insurance company issued the check to my ex's estate. At the time of his death, there was no beneficary established and there is no estate. He died with no one to look after whatever estate he had and the only thing that he has is this insurance policy. At the time of his death, he owed me and our 3 kids over 43,00.00$ in unpaid child support. His brother sent the check to me as a direct payment of the child support he owed. How do I go about depostiting this check? I fear that if I mail the check to the State of Texas, I will never see a dime of the monies owed? Please help.
Barbara Palacios
2 Answers from Attorneys
contact a probate or family law lawyer in your area...but without knowing more, one can't speculate on what you should do...ie..how much was the policy for? the estate includes your kids...and if Texas has paid support..they may want some..but a competent lawyer will probably obtain waiver of some..see a lawyer..we are in
Duncanville if we can help
It's probable that you need to open up an heirship proceeding on behalf of his kids. If he owned anything else, they will have an inheritance. Please call a probate attorney in your area.
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