I routinely handle life insurance beneficiary disputes. As I mentioned in a previous post, the first issue I analyze is whether the life insurance policy is governed by state law or by a federal law known as ERISA. Many ERISA policy disputes involve claims by former spouses to life insurance benefits. Many states bar former spouses from receiving life insurance benefits if the designation was made prior to the divorce. But such state laws are generally superseded by ERISA. Often there is a claim that the former spouse waived their beneficiary status in the divorce decree.
Read MoreTexas appellate courts are generally reluctant to overturn trial court factual findings regarding testamentary capacity and undue influence. In re Estate of Parrimore, from the Houston 14th Court of Appeals, is an example. Parrimore involved a trial to the judge (bench trial) of a will contest. The contest involved the usual issues regarding testamentary capacity and undue influence. The evidence at trial was that the testator signed the will only 11 days after being released from the hospital for treatment after a stroke. However, there was also evidence that the testator had begun work on his will long before the stroke and it was consistent with wishes long expressed to friends.
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