Trueblood v. Roberts

732 N.W.2d 368, 15 Neb. Ct. App. 579, 2007 Neb. App. LEXIS 89
CourtNebraska Court of Appeals
DecidedMay 22, 2007
DocketA-05-1084
StatusPublished
Cited by4 cases

This text of 732 N.W.2d 368 (Trueblood v. Roberts) is published on Counsel Stack Legal Research, covering Nebraska Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Trueblood v. Roberts, 732 N.W.2d 368, 15 Neb. Ct. App. 579, 2007 Neb. App. LEXIS 89 (Neb. Ct. App. 2007).

Opinions

Cassel, Judge.

After Mark L. Maxson and Marla J. Roberts divorced, Maxson died, leaving a life insurance policy naming Roberts as beneficiary. The district court for Lancaster County entered summary judgment against Roberts, requiring her to pay the death-benefit proceeds to Maxson’s estate. Roberts appeals, and Tina L. Trueblood, the personal representative of Maxson’s estate, cross-appeals. We conclude that the settlement agreement and the decree in the divorce do not show an intention to effect a change in Roberts’ status as beneficiary. We reverse, and remand for further proceedings.

BACKGROUND

Maxson and Roberts were married on June 25, 1983. On June 26, 1991, Roberts (who at the time shared Maxson’s [580]*580surname) filed a petition for divorce. The district court for Lancaster County filed its decree of dissolution on July 23, 1992. The decree incorporated the settlement agreement, and such agreement stated that it constituted a “full, final and complete settlement by [Maxson and Roberts] with respect to all property rights, interests and claims between them.” Paragraph 4 of the settlement agreement, which we quote in full in the analysis section below, recited the existence of separate life insurance policies owned by Maxson and Roberts and declared that each party would “retain as [his or her] own separate property [his or her] respective life insurance policy described above and any surrender value accrued thereunder.”

Maxson died on December 18, 2003, and Trueblood was subsequently appointed personal representative of Maxson’s estate. At the time of Maxson’s death, his life insurance policy was in effect, and Roberts remained the policy’s named beneficiary. On April 12, 2004, Globe Life & Accident Insurance Co. issued a check for the proceeds of Maxson’s policy to “Marla J. Maxson” in the amount of $24,763. However, the check was mailed to the attorney for Maxson’s estate. The estate’s attorney forwarded the check to Roberts, stating that perhaps she would be “back in touch with [Roberts] if it appears that the estate has a claim” on the life insurance policy. On July 7, the estate’s attorney mailed Roberts a letter requesting her to return the insurance proceeds to Maxson’s estate, based upon the language of the settlement agreement providing that Maxson would retain his life insurance policy.

On December 23, 2004, Trueblood, as personal representative of Maxson’s estate, filed a complaint alleging that the dissolution decree and the settlement agreement between Maxson and Roberts terminated Roberts’ rights in Maxson’s life insurance benefits and asked that the court order Roberts to pay the estate the sum of $24,763, plus prejudgment interest, attorney fees, and costs. Roberts filed an answer to the complaint, admitting that she was Maxson’s former spouse. With respect to paragraph 4 of the settlement agreement, Roberts asserted such agreement manifested the intent that Maxson would have ownership of his life insurance policy and that he would “be able to do with said policy of insurance as he pleased from that date forward.”

[581]*581Trueblood filed a motion for summary judgment. At the hearing on that motion, the district court received into evidence Trueblood’s affidavit; the motion for summary judgment; the estate’s complaint, which contained the decree of dissolution and the settlement agreement; Roberts’ answer; and Roberts’ affidavit in opposition to the motion for summary judgment.

In its judgment entered on August 18, 2005, . the district court found that the estate was entitled to judgment as a matter of law and ordered Roberts to pay the estate the life insurance proceeds that were previously paid to her. The district court denied the estate’s request for prejudgment interest, finding that Roberts did not obtain title to the proceeds by fraud, misrepresentation, or an abuse of an influential or confidential relationship and that therefore, there was no constructive trust. Roberts appeals, and Trueblood cross-appeals.

ASSIGNMENTS OF ERROR

Roberts asserts that the district court erred in granting the motion for summary judgment, because several operative facts are still in dispute, and in finding that the settlement agreement effectively disposed of Roberts’ beneficiary interest. On cross-appeal, Trueblood asserts that the district court erred in not applying the constructive receipt doctrine in order to award prejudgment interest.

STANDARD OF REVIEW

Summary judgment is proper when the pleadings and the evidence admitted at the hearing disclose that there is no genuine issue as to any material fact or as to the ultimate inferences that may be drawn from those facts and that the moving party is entitled to judgment as a matter of law. Richards v. Meeske, 268 Neb. 901, 689 N.W.2d 337 (2004).

A judgment’s meaning is determined, as a matter of law, by the contents of the judgment in question. In re Interest of Teela H., 3 Neb. App. 604, 529 N.W.2d 134 (1995).

ANALYSIS

Under Nebraska law, the general rule is that divorce does not affect a beneficiary designation in a life insurance policy. Pinkard v. Confederation Life Ins. Co., 264 Neb. 312, [582]*582647 N.W.2d 85 (2002). This rule is based on the notion that the beneficiary’s claim to the proceeds evolves from the terms of the policy rather than the status of the marital relationship. Id. But a spouse may waive such a beneficiary interest in a divorce decree. See id. See, also, Strong v. Omaha Constr. Indus. Pension Plan, 270 Neb. 1, 701 N.W.2d 320 (2005). In Pinkard v. Confederation Life Ins. Co., 264 Neb. at 318, 647 N.W.2d at 89, the Nebraska Supreme Court directs us to focus upon

the language of the dissolution decree and any agreement which sets forth the intentions of the parties concerning property rights. If the dissolution decree and any property settlement agreement incorporated therein manifest the parties’ intent to relinquish all property rights, then such agreement should be given that effect. We make no distinction among IRA’s, life insurance proceeds, or other types of annuities that designate the beneficiary in the event of the death of the payee.

The question before us, then, is whether the divorce documents in the instant case manifest that intent. Because we find significant differences in the divorce documents in the instant case from those in Pinkard and Strong, we reject the district court’s decision finding such intent.

In Pinkard, in addition to language stating that the parties agreed to execute documents necessary to carry out the agreement and that upon failure to do so, the decree would operate as a transfer, the agreement stated:

“In consideration of the above and foregoing property and promises received, each party agrees to accept the benefit of this Property Settlement Agreement in full and complete satisfaction of all financial claims, monetary demands, support, alimony, child support or property rights of any kind, including all claims that either may have as the widow or widower of the other party or otherwise; and

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Nebraska Supreme Court, 2014
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Trueblood v. Roberts
732 N.W.2d 368 (Nebraska Court of Appeals, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
732 N.W.2d 368, 15 Neb. Ct. App. 579, 2007 Neb. App. LEXIS 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trueblood-v-roberts-nebctapp-2007.