Estate disputes are often caused by divorcees failing to change and/or affirm beneficiary designations on their life insurance policies, retirement accounts and other assets.
Recently, Gaslowitz Frankel LLC attorneys Robert Port and Luke Caselman secured a $1 million judgment for their client, whose case arose out of just such a scenario. Port noted that the case was a reminder of the importance of updating survivorship and beneficiary designations on all such assets.
When estate disputes seem messy and overwhelming, the attorneys at Gaslowitz Frankel LLC can offer hard-hitting, factual, and compassionate counsel. Their method of building a case for this estate dispute case was strategic, calculated, and logical. In the end, the court awarded the firm’s client $1 Million from her ex-husband’s life insurance policy.
Case Study: Gaslowitz Frankel LLC Attorneys Secure Judgment of $1M for Client in Estate Dispute
Gaslowitz Frankel’s client had been divorced for fifteen years from her ex-husband, who had remarried. When the ex-husband died, Gaslowitz Frankel’s client was listed in the insurance company’s records as the beneficiary of his substantial life insurance policy.
The ex-husband’s second wife and widow sued Gaslowitz Frankel’s client, asserting that the divorce settlement prevented her from claiming the insurance proceeds and that the life insurance payout should go to her as the widow instead.
Robert and Luke successfully argued in the trial court that under Georgia law the divorce settlement agreement between the ex-husband and Gaslowitz Frankel’s client did not address entitlement to life insurance proceeds. In particular, the settlement agreement did not specifically state that Gaslowitz Frankel’s client waived and released all future rights to life insurance benefits paid on the death of her ex-husband.
Because she was the listed beneficiary when her ex-husband died, Gaslowitz Frankel’s client was entitled to be paid the full life insurance amount on her ex-husband’s death.
The decision of the trial court was affirmed by the Georgia Court of Appeals, and the Georgia Supreme Court declined to review the case.
Related Article: Read more about Attorney Robert Port’s thoughts on the case.
About Gaslowitz Frankel LLC
We have the compassion and experience to guide beneficiaries toward understanding their unique situation and toward making the best decisions that optimize their outcomes. Our team has the expertise to address concerns beneficiaries have during the litigation process, including the desire to honor the deceased, avoid or minimize the time in court, alleviate stress, and make the best decisions for themselves and their families. Gaslowitz Frankel LLC has the passion and authority required to deliver clients with their ideal outcomes.
Fill out our contact form for a free consultation.
