Legal Question in Wills and Trusts in Texas

My mother(had 4 kids and no will)passed in 2008 and we still have not probated her property.My older brother stayed living on her property in Dayton,Texas until September of 2011 when he also passed.My brother was a (5 years divorced) retired veteran and had only 1 son.He also had life insurance that I tried to get access to bury him properly.The son (age 18)who became executor of my brothers estate retrieved my brothers belongings and vehicles from my moms property and also tried to get my brothers life insurance but found out the main beneficiary was my mother who passed away before my brother.I have contacted the life insurance company and they said they have contacted and sent payment to the beneficiary through mail but the boys attorney already had all mail at my moms property changed to go to Waco,Tx. instead where the boy and his mom reside now.

Is the boy entitled to the life insurance because my mother(the main beneficiary)had already passed away before my brother.Also if the insurance should legally go to my moms children,is there any legal way the boys attorney can detour the benefits to the boy instead therefore increasing the attorneys profits as well since she charges 40% for her services?

All legal advice sincerely appreciated.


Asked on 6/14/12, 7:44 am

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Best solution, hire a lawyer in Dayton to probate the estate of your mother..sometimes the probate court will give you the name of local lawyers..but many will not. The lawyer for the son is probably being paid and not getting 40% of anything...but IMHO the insurance goes to the estate and your probate lawyer will help.

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Answered on 6/14/12, 8:30 am


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