A recent Supreme Court decision reminds us, once again, of the importance of updating your beneficiary designations to reflect your present wishes.  In Hillman v. Maretta , the Court decided unanimously that the Federal Employees’ Group Life Insurance Act (FEGLIA) – which provides that the proceeds of federal life insurance policies shall be paid to designated beneficiaries regardless of current marital status – preempts a Virginia law stating otherwise.  Under Virginia state law, when a couple is divorced their beneficiary designations are automatically revoked.

In this case, Warren Hillman named his wife, Judy Maretta, the beneficiary of his FEGLIA in 1996. The two subsequently divorced and Mr. Hillman remarried.   Time passed and Mr. Hillman failed to change the named beneficiary on his plan to his new wife, Jacqueline. Upon Mr. Hillman’s death, Jacqueline Hillman attempted to claim death benefits under this policy, and had her claim denied because she was not the named beneficiary.   Mr. Hillman’s former wife received the benefits instead.  Jacqueline Hillman commenced suit against Ms. Maretta for the full amount of the policy’s death benefit.

The Court held that an insured employee’s designation of beneficiary should be regarded as conclusive evidence of his or her intent.  The Court found that FEGLIA seeks to honor the employee’s choice of beneficiary and any state attempt to redirect the proceeds conflicts with that objective and is therefore preempted.

The Court acknowledged the existence of reasons to adopt a different policy – including Virginia’s stated justification that insured employees frequently fail to update beneficiary designations after divorce.  However, the Court ultimately concluded that Congress had a different intent when it enacted FEGLIA.

This is not the first reminder we’ve received from the Supreme Court to keep beneficiary designations updated.  This ruling, although applied only to federal employees, should serve as notice that it is incumbent upon policy holders to make sure beneficiary designations stay current.

Contributed by MH Phoenix Estate Planning Attorney Andrea Claus

About Morris Hall:
At Morris Hall, we have focused our legal practice on estate planning for over 40 years.  Along with estate planning, our attorneys help clients and their families with matters of probate, trust administration, wills, power of attorneys, business planning, succession planning, legacy planning, charitable gifting and other important legal aspects.  We also have divisions in financial, real estate and accounting to help you incorporate all of your planning together, ensuring that everything works perfectly for your needs and situation. Our Arizona offices are located in Phoenix, Mesa, Scottsdale, Cave Creek, Tucson, Prescott, Flagstaff and Arrowhead.  Our New Mexico offices are located in Albuquerque, Las Cruces and Santa Fe.  Contact us today at 888.222.1328 to schedule an appointment!

This blog should be used for informational purposes only.  It does not create an attorney-client relationship with any reader and should not be construed as legal advice.  If you need legal advice, please contact an attorney in your community who can assess the specifics of your situation.