Legal Question in Wills and Trusts in Texas
Life Insurance problems
My best friend was killed in an auto accident and I have been trying to help his widow with the mountain of things to do. Her late husband did not change the beneficiary on his life insurance policy with his job. His mother is the beneficiary. Now the mother wants to receive the money and do with it what she wishes. She states her intent is to split it three ways between the widow and the two surviving children. I have a note book where my friend had written down 'Things to do.' One of the items on this list was 'change beneficiary.' My question is does the widow have a leg to stand on in court with the notebook showing intent? Can she stop the money from going to the mother?
2 Answers from Attorneys
Re: Life Insurance problems
The life insurance goes to the stated beneficiary. The "to do list" is evidence of nothing more than unfulfilled intentions and is not evidence of testamentary intent.
Re: Life Insurance problems
Not a chance! The money goes to the beneficiary. The 'to-do' list is simply an indication of too little, too late.
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