CHUUK STATE SUPREME COURT TRIAL DIVISION

Cite as In re Estate of Manas, 16 FSM Intrm. 82 (Chk. S. Ct. Tr. 2008)

[16 FSM Intrm 82]

IN THE MATTER OF THE ESTATE OF

JOEL MANAS,

Deceased,

By: Santina Sos,

Petitioner.

CSSC PROBATE NO. 04-2008

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 beneficiaryís estate in the event of the beneficiaryís

[16 FSM Intrm 83]

death during the lifetime of the insured, but if a policy reserves to the insured the right to change the beneficiary, the beneficiaryís rights may cease in the event of the beneficiaryís death during the insuredís lifetime. In re Estate of Manas, 16 FSM Intrm. 82, 83 (Chk. S. Ct. Tr. 2008).

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COURTíS OPINION

KESKE S. MARAR, Associate Justice:

    In its May 6, 2008 order addressing issues for resolving the probate of decedentís estate, the court noted it was established that decedentís 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 decedentís mother for the reason that generally rights of a beneficiary pass to the beneficiaryís estate in the event of the beneficiaryís 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 beneficiaryís 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 decedentís life insurance policy.

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