Richards

I. BACKGROUND

Angelina and Bryan married in 1998. In 2001, Bryan obtained a life insurance policy from Nationwide in the amount of one million dollars, effective in September of that year. The policy names Angelina as the primary beneficiary and names Bryce and Kendall as alternate beneficiaries. Bryan was murdered on December 21, 2001 by means of non- ligature manual strangulation. A state court jury subsequently convicted Rafiel Torre (“Torre”) of the murder; Torre’s appeal of that conviction is pending.

Angelina sought an advance on the policy proceeds within days after Bryan’s death, made a formal claim for the pro- ceeds on January 30, 2002, and received a $50,000 advance on March 5, 2002. On September 27, 2002, pursuant to Rule 22 of the Federal Rules of Civil Procedure, Nationwide filed its complaint in interpleader in the district court. The com- plaint names Angelina, Bryce and Kendall as defendants. Keith subsequently was appointed guardian ad litem for Bryce and Kendall. 11874 RICHARDS v. RICHARDS Angelina filed a cross-claim against Keith and a counter- claim against Nationwide, seeking a declaration that she is entitled to the proceeds as the…