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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 40979
Experience:  30 years as a family law lawyer .
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About Living Will Dear Lawyer, I and my wife live in

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About Living Will
Dear Lawyer,
I and my wife live in Houston, Texas. My wife got cancer last year. Now she wanted to write a living will and give her life insurance (about $250,000) to my daughter, me, her brother, and sisters. We are legal spouse and living together for 28 years, and own everything together. I don't agree with her idea.
What can I do?
Wally

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.

Customer: replied 1 year ago.
Can she change beneficiary name in her policy?

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.

Customer: replied 2 months ago.
Ray,Thank you so much for your help.My wife is in later stage of cancer. She arranged an attorney to our house tomorrow to help her write a will for her insurance distribution. I don't agree with her to give all money to her sisters and my daughter without any for me. I am currently the primary beneficiary on her policy.What is the best thing I should do?Thank you.Wally.

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.

RayAnswers and 2 other Family Law Specialists are ready to help you

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.

Customer: replied 2 months ago.
Ray,Thank you for your help last year.Now my wife is in later stage of cancer. She made an arrangement for an attorney to our house and help- her write a will for her insurance distribution to her sisters and my daughter without anything for me, which I do not agree.What is the best thing I should do.

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.

Customer: replied 2 months ago.
Thanks a lot. I have told her about my concerns. I will talk to her again about my concerns and tell the attorney her condition. You are right. She is confused now and could not remember things..
Customer: replied 2 months ago.
Thanks a lot, Ray.

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.

Customer: replied 2 months ago.
Ray,This is Wally again.I just got home. My wife asked me to go to work tomorrow, and not to be at home. My daughter told me that she arranged attorney appointment at noon (12:00pm).Can I stay away from the will writting and start a contest in the future? According to you, I had 50% of spouse insurance. I should have something after she pass away.

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.

Customer: replied 2 months ago.
She might ask for divorce if I push her too much. That would not be good to me. Right?

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.

Customer: replied 2 months ago.
The lawyer? Do you mean her lawyer?

Yes why not go on record that you have concerns she has the proper capacity.

Customer: replied 2 months ago.
I do not know who the lawyer is.
Customer: replied 2 months ago.
I will find out and clearly tell the lawyer that she is not capable of leaving a will now, and I don't agree with her plan.
Customer: replied 2 months ago.
I will come back home by noon.Thank you, Ray.

Good luck here, I will say a little prayer for you.