Legal Question in Wills and Trusts in Texas

mother died and husband of 4 yrs staying in the house

My mother past on Jan 4, 2009 and since then her husband has fraudulent changed the beneficiaries on her life polices. One policy was changed by phone, and he had someone to impersonate her on Jan. 6th (2days after death) to change the other-one, which we interceded on because we was there when the insurance company call to send out the �lost policy� forms. Also is it a do-it-yourself heirship affidavit form that my sisters and me can file before he tries to take and/or sell the house she had almost 25 yrs?


Asked on 3/11/09, 2:34 pm

2 Answers from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: mother died and husband of 4 yrs staying in the house

Call us if you want help..apparently she married husband recently..but he has a right to life estate in the home..even if it is separat property of your mother..BUT the fraud on insurance is a crime and both he and insurance company are liable..if policies are not paid to named beneficiaries before her death, the named beneficiaries have a right to payment from the insurance company..and they will go after the fraudulent taker..but call a competent lawyer in your area or call us...

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Answered on 3/11/09, 4:52 pm

Re: mother died and husband of 4 yrs staying in the house

Don't do this yourself. You have a serious case on your hands. Get in touch with a lawyer that handles insurance claims NOW. Time isn't on your side. Basically, you need to notify the insurance company of the fraud, and start bringing everyone to court. You also need copies of the beneficiary and claim designations. Also, is there a will? Was the house purchased during the marriage or after?

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Answered on 3/11/09, 2:58 pm


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