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step mother gets all, and son gets nothing

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thompsonal

Junior Member
What is the name of your state (only U.S. law)? Texas

My sons, age 15, father passed away. He was remarried, worked overseas, and was in the process of getting a divorce. At the time of his death, they were still married. My question is this. His life insurance went all to his wife and his biological son received nothing. Is there anything I can do to fight this????
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Texas

My sons, age 15, father passed away. He was remarried, worked overseas, and was in the process of getting a divorce. At the time of his death, they were still married. My question is this. His life insurance went all to his wife and his biological son received nothing. Is there anything I can do to fight this????
No - the wife was the beneficiary - it's her money.
 

Dandy Don

Senior Member
If he did not leave a last will and testament, check at the county courthouse probate court to see if anyone has opened up probate for any other possible assets in the man's estate (pension, retirement benefits, stocks, bonds, real estate, etc.). If there are other assets, the surviving spouse gets a portion and anything over a certain amount goes to the kids.
 

FlyingRon

Senior Member
Zig is right. Accounts with beneficiaries (life insurance, retirement/pensions, etc..) don't have anything to do with probate. They go to the listed beneficiaries.

As for other parts of the estate, then probate gets involved. If there is a will, it goes to that. If there is no will, it depends on the rules of intestate succession. You're fairly lucky in Texas, they distinguish for community property when the child is not the descendent of the surviving spouse.
 

nextwife

Senior Member
I don't understand why one would not buy/get a life insurance policy on their child's parent in place immediately/ASAP upon becoming parents with someone. It should be one of the very first things to do (along with getting their health coverage in place, obtaining a life policy on themself as well, and starting a college fund).
 

Justin2182

Junior Member
the very same thing happened to me with my step mother. This time in Virginia.

all down to her being beneficiary of his life insurance. because he told my grandma we could trust her with money :(. he meant to use it to help me through college. i have had to live off loans instead incurring alot of debt.
 

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