Allard v. Frech
Texas Supreme Court
754 S.W.2d 111 (1988)
- Written by Whitney Kamerzel , JD
Facts
Billie Allard (Mrs. Allard) and Billy Allard (Mr. Allard) (defendant) were married from 1945 until Mrs. Allard’s death in 1983. Mr. Allard worked for nearly the entire marriage until his retirement in 1982. During Mr. Allard’s employment, Mr. Allard contributed to a private retirement plan. Mr. Allard did not elect to take his retirement benefits as a joint tenancy with the right of survivorship. Instead, Mr. Allard elected an option that provided him with benefits during his lifetime with a 10-year minimum. Mr. Allard specified that Mrs. Allard would receive the benefits if Mr. Allard died during the first 10 years, but Mrs. Allard did not sign this election. After Mrs. Allard’s death, Martha Frech (plaintiff), Mrs. Allard’s sister, offered a will to probate that specified Mrs. Allard’s community property was to be distributed to Mrs. Allard’s heirs. Although Mr. Allard contested the will, the trial court awarded Mrs. Allard’s heirs one-half of Mr. Allard’s retirement benefits. The court of appeals affirmed, holding that Mrs. Allard’s will gave her heirs her community property. Mr. Allard appealed.
Rule of Law
Issue
Holding and Reasoning (Mauzy, J.)
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