Family Law Questions? Ask a Family Lawyer Online.
Hi and welcome to JA Wally.
Here life insurance in Texas passes to the named beneficiary, if she names you then it goes to you directly not under a will.Only if she names her estate or names no one does it pass under her estate and will if she signs one.
Insurance is unique if there is a beneficiary it passes by contract to that person, it is only if no one is named or her estate that it then goes to probate to who she names.If you know you are the beneficiary then you let this go knowing it will pass to you regardless of whats in a will here or not.
I appreciate the chance to help you today Wally.Let me know if you have more follow up.Sorry you are having to deal with all of this.
Yes she can, your only option is divorce and have it resolved as part of property settlement.It is her policy unless you file for divorce here.It is very possible that she does not know she can.
Wally tape the meeting, express concern on the record that she lacks capacity, state the drugs she is on, and that hewr facilities are impaired, etc.You can argue that she is incapacitiated and should not sign here thats about it.
I can do unlimited chat online here, accept and ask anything you want.Thanks.
I think it is important that you express your concerns here to the lawyer, notary, and witness that she has impaired judgment and lacks capacity to be making such decisions and you may want to tape the meeting as evidence for a will contest if necessary.You have right to do so in your home.
Let me know if you have follow up be here all night, thanks.
Again tape the conversation, express to the lawyer and the witnesses and notary that she lacks capacity to make such decisions, state the medicines she is on and argue she in not able to do this in her present condition.You have good reason here to question this, don't back off, make a record of it with lawyer here.The will is not valid if she lacks capacity here.
And you can email the lawyer here , written record of your concerns as well, again evidence for a will contest.My prayers to you here.
Its your house too here, you decide whether to be there.I understand your frustration.You are able to contest this later on, but it would be nice if you had a witness here that could say she lacks capacity. I think you may put your fott down here, the daughter appears to be cutting you out of all of this.You would need money down the road I am sure for you as well here.
No and I know it is like walking on egg shells.You might want to email the lawyer with your concerns put him on notice about her condition.
Yes why not go on record that you have concerns she has the proper capacity.
Good luck here, I will say a little prayer for you.