- 4 - 1993, against the estate in the Texas Probate Court in which she claimed inter alia that she was entitled to 100 percent of the insurance proceeds of the four policies mentioned above, both because she was a 50-percent owner of the policies under Texas community property law, and because she had been originally designated as sole beneficiary by decedent, but such designation had been changed by decedent's actual or constructive fraud. On June 14, 1991, Mrs. Street then filed an election in the probate proceedings in Texas not to take under decedent's will, but rather to take her share of community property. Shortly thereafter, on August 6, 1991, a declaratory judgment action was brought by Anne Street Skipper (coadministratrix) and her brother against Mrs. Street in the Texas District Court, controverting Mrs. Street's claim in the probate proceeding and asking for a holding as to decedent's children's rights versus Mrs. Street's rights with respect to decedent's estate. In addition to controverting other claims made by Mrs. Street against decedent's estate, the claim for declaratory judgment by Anne Street Skipper specifically contested Mrs. Street's claim to any portion of the life insurance proceeds, on the grounds that decedent's estate had specifically been made sole beneficiary, the policies were not community property but were separate property of decedent, who was the sole owner thereof, and that the change of beneficiary byPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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