Post
Estate of Post v. Post
Opinion
lead Opinion
Dondero, J.
Objector Angela Post appeals from the probate court's order confirming title to the proceeds of decedent Jerome Norman Post's life insurance policy to petitioners Kenneth Post and Eric Post and directing the insurance company to pay the policy's death benefit to them, even though she is named as the policy's primary beneficiary. Because the probate court lacked subject matter jurisdiction over the proceeds of the life insurance policy, the order is void. We therefore reverse.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
Decedent and objector were married for 32 years. Petitioners are decedent's sons from a prior relationship.
On January 7, 1993, decedent and objector secured a joint term life insurance policy (Policy) through Manhattan National Life Insurance Company (Manhattan National). The Policy names objector as the primary beneficiary, with petitioners named as contingent beneficiaries.
On July 8, 2013, decedent executed a will.
On April 8, 2014, a final judgment of marital dissolution (Judgment) was filed, dissolving decedent's marriage to objector. The Judgment awards decedent full ownership of the Policy.