CALIFORNIA FAMILY LAW
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Death of a Spouse
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Effect on Property Issues
.........Life Insurance Issues
7 Cards On This Topic:
To extent it applies to ERISA plans, Wash. statute, which provides that designation of a spouse as beneficiary of nonprobate asset is revoked on divorce, is preempted by ERISA.
Where divorce decree did not expressly terminate W1’s expectancy interest in H’s term life insurance policy and H failed to change beneficiary to W2, beneficiary designation controls.
Widow's motion to vacate default judgment in life insurance dispute should have been granted where her actions excusable, not culpable, her defense meritorious and no prejudice shown to other party.
MSA which comprehensively disposes of all rights and obligations between parties supersedes beneficiary designation on life insurance policy.
Party may leave 100% of s/p portion, but only 50% of c/p portion, of death benefit proceeds to person other than spouse; apportionment may be required.
Life insurance issues.
Effect of ERISA on Cal. c/p law employment life insurance death benefits beneficiary designations.