CALIFORNIA FAMILY LAW
...Death of a Spouse
......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.