Legal Question in Wills and Trusts in Texas
Jurisdiction of courts in dispute of annuities, ins., accounts with beneficiarie
My husband died intestate in TX. One retirement acct, TIAA CREF, is in dispute as to where it should go. The named beneficiary was his former wife and there is no mention of the acct. in the divorce decree. TIAA has stated that because the divorce took place in OR, TX law does not apply. I thought any instrument with beneficiaries did not go through Probate. Am I wrong? Also, does this type of acct fall into personal or community property?
Thank you,
Peggy
2 Answers from Attorneys
Re: Jurisdiction of courts in dispute of annuities, ins., accounts with benefici
You need a lawyer to enter your late husband's estate into probate. Then the administrator will need to hire a lawyer to sort out the conflict of laws issue. Depending upon the ultimate law found, and all the associated documents, the TIAA CREF account will either go to the estate, or to the ex.
Re: Jurisdiction of courts in dispute of annuities, ins., accounts with benefici
I'm sorry to hear about your husband. You're going to need to get a probate lawyer ASAP. As to what to classify the property, it depends on the date of death and the dates of work. I'd also have to see the divorce decree, as it may have a 'catch all' Did he have a will?
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