context: Some courts have found survivorship benefits are not a property interest.
citation_a.signal: but see
citation_a.identifier: 584 S.W.2d 900, 900
citation_a.parenthetical: "the majority opinion, in refusing to hold that the death benefits are community property, ignores the rule of community property law that spouses share in property earned during marriage"
citation_a.sentence: But see Lack, 584 S.W.2d at 900 ("the majority opinion, in refusing to hold that the death benefits are community property, ignores the rule of community property law that spouses share in property earned during marriage”) (Robertson, J., dissenting).
citation_b.signal: no signal
citation_b.identifier: 584 S.W.2d 899, 899
citation_b.parenthetical: because of statutory scheme, ex-wife not entitled to pro-rata share of firefighter's statutory death benefit even though pro-rata share would otherwise be community property, citing Lack
citation_b.sentence: Lack, 584 S.W.2d at 899. Accord Duckett v. Board of Trustees, City of Houston Firemen’s Relief & Retirement Fund, 832 S.W.2d 438, 442 (Tex. Ct. App. 1992) (because of statutory scheme, ex-wife not entitled to pro-rata share of firefighter’s statutory death benefit even though pro-rata share would otherwise be community property, citing Lack).