Legal Opinion

Holmes v. Kent

Texas Supreme Court

Decided April 20, 2007No. 04-0729PublishedCited by 4 opinions

1Per curiam

Petitioner Tommy Joe Holmes claims that he is entitled to payments from an optional annuity elected by his deceased ex-wife, Linda Ann McWhorter, as part of her teacher retirement benefits. Her son Alan Brad Kent, who is the executor of her estate and only heir, joined by his ex-wife Cassie Elizabeth Kent 1 as respondents, disagree. They argue, first, that McWhorter’s designation of them as beneficiaries of her other retirement benefits covered the optional annuity as well or at least showed her intent that they receive the annuity, and second, that Holmes and McWhorter’s divorce decree…

2Cases cited3 opinions

  1. Bocanegra v. Aetna Life Insurance Co.Texas Supreme Court · 1980
  2. Meadows v. BierschwaleTexas Supreme Court · 1974
  3. Keen v. WeaverTexas Supreme Court · 2003

3Cited by4 opinions

  1. FNFS, Ltd. v. Harwood (In Re Harwood)United States Bankruptcy Court, E.D. Texas · 2009
  2. Cote v. Texcan Ventures II, Texas Court of Appeals, 5th District (Dallas)2008
  3. In Re HarwoodUnited States Bankruptcy Court, E.D. Texas · 2009
  4. Price Otho Hubbard, Jr. v. Marc G. Rosenthal, Rosenthal & Watson, PC, Ernest Garcia, Scott Hendler, Dwight E. Jefferson and Roshaunda Deshae Hamilton, Texas Court of Appeals, 10th District (Waco)2012

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