Estate of Thomas

39 Pa. D. & C.5th 103
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedMay 12, 2014
DocketNo. 1460 DE of 2013
StatusPublished

This text of 39 Pa. D. & C.5th 103 (Estate of Thomas) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Thomas, 39 Pa. D. & C.5th 103 (Pa. Super. Ct. 2014).

Opinion

HERRON, J.,

[105]*105Introduction

The petition filed by the granddaughter of decedent Elaine Thomas raises the issue of whether decedent’s will created a trust that qualifies as the beneficiary Ms. Thomas designated to receive her life insurance proceeds. According to a representative of the Federal Employee Group Life Insurance Program, Ms. Thomas designated the “trustee(s) or successor(s) as provided in last will” as the beneficiary of her life insurance policy. Although this insurance company representative concluded that Ms. Thomas’s will did not create the designated beneficiary, upon review of the will and controlling precedent that opinion is without merit. For the following reasons, the will of Elaine Thomas creates a trust that manifests her clear intent that her insurance proceeds should be distributed to Ashley Super, “as executor of my estate and insurance” so that Ms. Super can distribute the proceeds in accordance with Article 3 of the will.

Factual Background

Elaine B. Thomas died on December 30, 2012 leaving a Will dated July 18, 2012. In Article 1 of her Will, Elaine Thomas states that “I appoint Ashley Super, my granddaughter, as executor of my estate and insurance.” After bequeathing her personal belongings at 2113 Walnut Lane to her two children, Keenya Banks-Bryant and Troy Thomas, Ms. Thomas set forth an elaborate scheme of outright gifts and trusts to relatives and friends in Article 3 of her Will. Significantly, Article 3 specifically references her life insurance policy which Ms. Thomas wished to distribute as detailed in that Article:

Article 3: Life Insurance Policy
I have a life insurance policy of this I give:

[106]*106After making this specific reference to her life insurance policy, Ms. Thomas carefully outlined specific bequests to granddaughters, nephews, nieces, sister and friends. Article 3 also provided for a “Walnut Lane Maintenance Fund” of $20,000 to be used solely to maintain 2113 Walnut Lane as managed by her daughter Keenya Banks-Bryant, or if she is unable to perform this role, by Ashley Super. Finally, Article 3 provides:

After all matters of insurance have been taken care of, the remainder of the money’s shall be split equally and put into separate trust accounts for Troy Thomas (My son) and Keenya Banks-Bryant (My daughter). The moneys shall be distributed in a onetime payment of ten thousand dollars to each Troy and Keenya, and the rest shall be disbursed in monthly payments of $1,000 until the trust funds are exhausted.

After Elaine Thomas died on December 20, 2012, Ashley Super contacted the Office of Federal Employees’ Group Life Insurance Program (OFEGLI) to collect the benefits due under the life insurance policy that had insured Elaine Thomas. In response, she received a July 8, 2013 letter denying this request from Tricia Baker of MetLife Insurance Company which pays claims for the OFEGLI. Ms. Baker explained that by law the OFEGLI “must pay the life insurance benefits to the beneficiary according to federal law as described in the enclosed order of payment document.” The letter then stated that the most recent beneficiary that had been designated by Elaine Thomas was “trustee(s) or successor(s) as provided in last Will.” Ms. Baker concluded that upon review of Elaine Thomas’s last will, “she did not name a trust or appoint a trustee.” Due to this failure to designate a beneficiary, the proceeds would go instead to “our enclosed order of [107]*107payment document” which would be to the children of Elaine Thomas.1

In response to this rejection letter, Ashley Super filed a petition seeking a determination by Orphans’ Court that Elaine Thomas had created a trust in her will that would qualify as the beneficiary she had designated under her insurance policy. This petition was opposed by Keenya Banks-Bryant, the daughter of Elaine Thomas, who posed various arguments that are not always clear. At one point, she argues that her mother’s will did not create a trust,2 and as a consequence, the life insurance proceeds should be distributed to the surviving children of Ms. Thomas. In a subsequent pleading, Ms. Banks-Bryant argues that the will did not change the beneficiary that had been designated by Elaine Thomas to receive her life insurance proceeds,3 thereby misstating the central issue which is identifying the beneficiary Elaine Thomas designated to receive her life OFEGLI life insurance proceeds.

Legal Analysis

In this case, it is undisputed that Elaine B. Thomas designated her “trustee(s) or successor(s) as provided in last will” as the beneficiary of her life insurance policy with OFEGLI. There are a plethora of Pennsylvania cases that focus on whether a beneficiary has been changed by operation of statute4 or by the substantial efforts of the insured prior to death.5 This case, however, does not [108]*108involve a changó in designated beneficiary.6 Those cases do not apply here. In fact, the petitioner has no dispute as to the designated beneficiary of Elaine Thomas’s policy nor does she argue that it was or should be changed. What petitioner does dispute is the legal opinion rendered by the case management specialist for MetLife that Elaine Thomas’s will did “not name a trust or appoint a trustee” that would qualify as a designated beneficiary.7 This administrative opinion, however, cannot stand. In her will, Elaine Thomas expressed a clear intent that Ashley Super should be the “executor of her life insurance policy” and that she should distribute the life insurance proceeds as set forth in Article III of the will. In so doing, Elaine Thomas effectively named Ms. Super as the trustee of those proceeds with clearly defined tasks in administering the life insurance proceeds.

It has long been held in Pennsylvania that the polestar of any analysis of the will of Elaine Thomas is her intent. In re Hirsh’s Estate, 334 Pa. 172, 179, 5 A.2d 160, 163 (Pa. 1939)(“The ‘polestar’ long fixed for the guidance of courts in interpreting deeds of trust, as in interpreting wills, is the intention of the maker”). In seeking to discern that intent, a court must be guided by the plain language of the [109]*109document. Id. 334 Pa. at 178-9, 5 A.2d at 163. Particular sections should not be viewed in isolation but instead the will must be construed as a whole in the context of the surrounding circumstances. O’Reilly’s Estate, 371 Pa. 349, 353, 89 A.2d 513, 514-15 (1952); Estate of Weaver, 390 Pa. 128, 131. 134 A.2d 675, 676 (1957); Walker’s Estate, 376 Pa. 16, 22, 101 A.2d 652, 655 (1954). In rejecting petitioner’s request for the life insurance proceeds under Elaine Thomas’s policy, the case management specialist interpreted her will to conclude that it did not create a trust or name a trustee.8 Numerous cases have held, however, that the words “trust” or “trustee” are not essential for the creation of a trust by a will. See, e.g. Estate of McClain, 435 Pa.

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McClain Estate
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Walker Estate
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Wood's Estate
104 A. 673 (Supreme Court of Pennsylvania, 1918)

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Bluebook (online)
39 Pa. D. & C.5th 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-thomas-pactcomplphilad-2014.