In re Estate of Manas [2008] FMCSC 8; 16 FSM Intrm. 82 (Chk. S. Ct. Tr. 2008) (26 August 2008)

CHUUK STATE SUPREME COURT TRIAL DIVISION

CSSC PROBATE NO. 04-2008

IN THE MATTER OF THE ESTATE OF JOEL MANAS,
Deceased,

By: Santina Sos,
Petitioner.

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SUPPLEMENTAL ORDER

Keske S. Marar
Associate Justice

Decided: August 26, 2008

APPEARANCES:

For the Petitioner: George Hauk
P.O. Box 1405
Weno, Chuuk FM 96942

For the Claimant: Fredrick A. Hartman
(Cherita Manas) P.O. Box 453
Weno, Chuuk FM 96942

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HEADNOTE

Insurance
Generally rights of a beneficiary pass to the beneficiary's estate in the event of the beneficiary's death during the lifetime of the insured, but if a policy reserves to the insured the right to change the beneficiary, the beneficiary's rights may cease in the event of the beneficiary's death during the insured's lifetime. In re Estate of Manas[2008] FMCSC 8; , 16 FSM Intrm. 82, 83 (Chk. S. Ct. Tr. 2008).

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COURT'S OPINION

KESKE S. MARAR, Associate Justice:

In its May 6, 2008 order addressing issues for resolving the probate of decedent's estate, the court noted it was established that decedent's life insurance policy named his mother, Rose Manas, who predeceased decedent, as beneficiary. Before the court made its determination as to rights in the life insurance policy, the court requested additional information regarding the devisees or heirs of decedent's mother for the reason that generally rights of a beneficiary pass to the beneficiary's estate in the event of the beneficiary's death during the lifetime of the insured. On the other hand, if a policy reserves to the insured the right to change the beneficiary, the rights of the beneficiary may cease in the event of the beneficiary's death during the lifetime of the insured. See generally Kruger v. John Hancock Mut. Life Ins. Co., 10 N.E.2d 97, 100, 112 A.L.R. 725, 729 (Mass. 1937).

Therefore, the court requires the additional information of the pertinent provisions of the policy itself to determine if the policy reserved to the insured the right to change the beneficiary.

Upon the submission of a copy of the life insurance policy, in addition to the briefing and evidence requested by the court in its last order, the court will make its final determination as to rights to decedent's life insurance policy.

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