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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9364
Experience:  Since 1983
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My mother in law passed away in 2013. She left her teacher

Customer Question

My mother in law passed away in 2013. She left her teacher retirement to my husband as her beneficiary to Texas Teacher Retirement and he receives $1400 a month until he dies. No one can receive the benefits after he dies. It stops with him.He has a sister and a 83 year old dad. The dad went rogue and started dating a younger woman. Sister in law hired an attorney and filed something called rule 11 that prevented the dad from selling property without my husband and his sister's permission. In the paperwork, it listed my husband and sister in lawsuit as the only ones that have access to the anuity.We have a child now and need that money. We've been sharing it with her but it needs to stop because we need it. Can she sue us for the access to the anuity? Or can we just stop sharing?
Submitted: 2 months ago.
Category: Estate Law
Customer: replied 2 months ago.
Money has been sent monthly to her and she's not paid any income tax on that money since we started sharing in 2013. She is threatening a lawsuit.
Expert:  N Cal Attorney replied 2 months ago.

Thank you for your question.

She has no basis for a lawsuit. If he was named as the sole beneficiary he has no obligation to share the payments with anyone else.

I hope this information is helpful.

Customer: replied 2 months ago.
What about the rule 11 that says she does. That's why she's holding it over his head because in her mind, rule 11 mentions that my husband and his sister are the only people that have access to the annuity and his dad can never come and try and take it. Does that matter?
Expert:  N Cal Attorney replied 2 months ago.

Do you mean this Rule 11:

RULE 11. AGREEMENTS TO BE IN WRITING

Unless otherwise provided in these rules, no agreement between attorneys or parties touching any suit pending will be enforced unless it be in writing, signed and filed with the papers as part of the record, or unless it be made in open court and entered of record.

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Did your husband ever agree in writing to share the money with his sister?