In Re Estate of Anderson

552 N.E.2d 429, 195 Ill. App. 3d 644, 142 Ill. Dec. 79, 1990 Ill. App. LEXIS 379
CourtAppellate Court of Illinois
DecidedMarch 28, 1990
Docket4-89-0699
StatusPublished
Cited by16 cases

This text of 552 N.E.2d 429 (In Re Estate of Anderson) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Estate of Anderson, 552 N.E.2d 429, 195 Ill. App. 3d 644, 142 Ill. Dec. 79, 1990 Ill. App. LEXIS 379 (Ill. Ct. App. 1990).

Opinion

JUSTICE McCULLOUGH

delivered the opinion of the court:

This appeal concerns a prenuptial agreement and life insurance proceeds. Prior to their marriage, respondent, Gertrude Lucille Anderson, and decedent, Ronald E. Anderson, entered into an ante-nuptial agreement (agreement). After decedent’s death on May 23, 1988, respondent received $5,000 in life insurance proceeds pursuant to a Federal Employees Group Life Insurance policy insuring decedent’s life and purchased by the Office of Personnel Management. In a citation of assets proceeding initiated by the coexecutors of decedent’s estate, the trial court (probate division) concluded respondent was barred by the agreement from receiving the insurance proceeds. Respondent contends the agreement does not prevent her from receiving the proceeds under the default provisions of title V, section 8705, of the United States Code (5 U.S.C. §8705 (1988)), which governs Federal group life insurance. We affirm.

Respondent and decedent were married on January 30, 1980, in Danville, Illinois. On January 25, 1980, the parties entered into a prenuptial agreement. The agreement stated the parties were contemplating marriage and desired to execute an agreement “for the purpose of prescribing, limiting and determining the interest and control which each will have in the Estate of the other during their marriage, and after the death of one of them.” The agreement also included a list of the assets and liabilities of both parties. Decedent revealed in the agreement he owned three parcels of real estate, along with life insurance with a cash value of $10,000 and other cash and bank deposits. Respondent owned one parcel of real estate and promissory notes, along with cash and bank deposits. Paragraphs 2 through 8 of the agreement read as follows:

“2. In the event of the death of the husband during the continuance of their marriage, the wife surviving him, then except as in this Agreement provided the wife shall receive nothing from the estate of the husband and she agrees that she will make no claim to any part of his estate and she hereby releases, waives and relinquishes all right of curtesy, dower, statutory fee, homestead, surviving spouse’s award, right to renounce the Will of the husband, or other rights in and to the property, real or personal, which the husband now owns or may hereafter acquire.
3. Any property hereafter acquired, held or owned in the names of the parties as tenants by the entireties or joint tenants with right of survivorship, or which is in the name of either of them as trustee for the benefit of the other, or which is payable to either of them as co-owners, survivor or named beneficiary shall, upon the death of one of the parties, pass and be taken by the other as survivor or beneficiary.
4. Each party to this Agreement may make such disposition of his or her property by gift, trust, or Will as each sees fit, to or for the benefit of the other, and this Agreement shall not [affect] the right of the other party to receive such property as donee or beneficiary.
5. During the continuance of the marriage, each of the parties is to have the full right to own, control, and dispose of his or her separate property the same as if the marriage did not exist, and each of the parties is to have the full right to dispose of or and sell any and all real and personal property now or hereafter owned by either of them without the other party joining, and a transfer of property by either of the parties to this contract will convey the same title that the transfer would convey if the marriage had not existed. It is further agreed that in case either of the parties desires to mortgage, sell or convey his or her real or personal estate, the other will join in the deed of conveyance or mortgage as may be necessary to make the same effectual.
6. The purpose of this Agreement is to define and limit the claims and demands which each of the parties shall have against the estate of the other. Should either party die, then the rights of the other party as herein stipulated and defined shall be the limit which the survivor shall have in the estate of the decedent, except for any other property passing to the survivor as described in Paragraphs 3 or 4. ***
7. This Agreement is entered into with full knowledge that each of the parties has a separate estate and each agrees that the amount hereinafter fixed and determined shall be sufficient participation in the estate of the other, unless either shall make additional provision for the other.
8. In the event of the prior death of the husband, then the wife agrees that unless additional provision is made for her by the husband, her participation in the estate and assets of the husband shall be limited to the following:
a. The husband has recently acquired the residence property at 203 Cedar Avenue, Danville, Illinois, and intends to improve and furnish the same; and in the event said property constitutes the marital residence of said parties at the time of the death of the husband, then the wife shall be entitled to receive the absolute fee simple title to said property, and the household furnishings therein, either as beneficiary of the husband’s Will or as surviving joint tenant or as beneficiary of any trust to which said property may be conveyed by the husband. In the event said property does not constitute the marital residence of the parties at the time of the death of the husband, then the wife shall be entitled to receive the household furnishings of any residence which then does constitute the marital residence of the parties and the wife shall be entitled to receive the sum of $67,000.00 from the estate of the husband and the husband agrees to provide for such payment in a duly executed Will, said payment to be due the wife in lieu of said residential property.
b. The husband is now receiving a civil service pension and agrees to name the wife as survivor annuitant, which, in the event the wife survives the husband, would at present, entitle the wife to a monthly pension of approximately $761.00. It is understood that such an election to designate the wife as survivor annuitant will not be effective for a period of 1 year following the marriage of the parties and therefore, until such election shall be effective, the husband agrees that he will designate the wife as beneficiary of his three life insurance policies, the proceeds of said policies to be in excess of $15,000.00.
c. The wife shall be entitled to receive from the estate of the husband, any passenger automobile which is in the name of the husband at the time of his death.”

Following decedent’s death, his will, dated August 3, 1978, and codicil dated February 3, 1980, were admitted to probate. By codicil, decedent bequeathed to respondent the real estate and personal property as provided for in paragraphs 8(a) and 8(c) of the agreement. The residue of decedent’s estate passed to his three children from his first marriage, Pamela Sue Whitaker, Steven Ronald Anderson and James David Anderson.

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Bluebook (online)
552 N.E.2d 429, 195 Ill. App. 3d 644, 142 Ill. Dec. 79, 1990 Ill. App. LEXIS 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-anderson-illappct-1990.