John Suayan, Galveston Bureau Jun. 6, 2013, 2:25pm

GALVESTON - An apparent dispute over money generated from two annuities that belonged to his late father has prompted Travis County resident Richard D. Zinser to initiate litigation.

A lawsuit filed June 5 in Galveston County District Court claims Richard C. Zinser's ex-wife, Jeanette, is required to pay the younger Zinser 82.5 per cent of all monthly funds paid to her as the beneficiary/contingent annuitant for the Prudential Group annuities per an agreed divorce decree dated Dec. 16, 2010.

Richard C. Zinser passed away on June 4, 2011, setting into motion Jeanette Zinser's obligation to remit.

The plaintiff says he has attempted to work with the defendant, a Friendswood resident, to initiate the payments in question "for over two years with no results."

"As a third party beneficiary, the plaintiff had no performance obligations under the agreement, and is therefore excused from performance," the original petition says.

"By failing to make payments of the annuities as required by the agreement, the defendant has breached the contract, causing injury to the plaintiff."

Consequently, the complainant seeks "specific performance of the agreement, ordering the defendant to pay the proceeds of the annuities as described, or in the alternative, payment of the portion of the proceeds to which the plaintiff is entitled pursuant to the agreement."

Attorney Chase C. Hamilton of Richards Rodriguez & Skeith in Austin is representing Richard D. Zinser, and Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 13-CV-755

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