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Ex-Spouse as Beneficiary Info (Texas Family Code)

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lostmydad

Junior Member
What is the name of your state?What is the name of your state? TX

I posted in April/ May about my deceased father's ex-wife receiving his small, forgotten life and retirement benefits because he forgot to change the beneficiary. To re-cap, my once-successful dad had lost everything he worked so hard for due to his illness, that is, everything that was left after the ex-wife got a super-generous settlement. She’s also applied for Dad’s Social Security Survivor benefits. She’s remarried to another rich guy for heaven’s sake! It all just seemed so unfair.

You see, when he felt his death was imminent, Dad actually cried at the injustice of the ex-wife getting so much and that there was nothing left for his only child, a single mother, and grandson. He did not remember that he had life insurance other than one large policy awarded to the ex-wife in the divorce. He told me I’d have to sell his car to pay for the funeral. His ex has received hundreds of thousands of dollars with more to come. :mad:

After ex-step monster refused to share this other small benefit with me after I discovered it, I hired an attorney who knew his Texas Family Code: sections 9.301 and 9.302 state that an ex-spouse cannot receive life or retirement benefits unless RE-DESIGNATED as beneficiary AFTER the divorce. This helps prevent ex-spouses from taking advantage of the forgetfulness or neglect of the decedent to change beneficiary before he/she dies.

Well, my lawyer sent the insurance company a copy of the divorce decree showing everything she already got and a copy of the Texas Family Code, and they just denied her claim citing that code. They will be paying the benefit to the contingent beneficiary, me. :D This is justice, folks. I felt helpless and angry. I had lost faith in the decency of people or the belief in true justice. Fight for it yourself. Hire a good attorney that can help you fight for it.

Good luck to all the truly rightful heirs out there, not those just trying to make a buck off someone’s death.

I beat her, Dad. She didn’t get everything after all. She may have gotten most of the money, but thanks for giving me the stuff that counts! ;)
 



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