Hillman v. Maretta: Another Reason for Careful Post-divorce Estate Planning

Document Type

Article

Publication Date

2013

Abstract

In this article, Carolyn L. Dessin analyzes the U.S. Supreme Court decision in Hillman v. Maretta, which addressed the conflict between federal and state laws regarding beneficiary designations after divorce. The case involved the Federal Employees’ Group Life Insurance Act (FEGLIA), which allows federal employees to designate beneficiaries for life insurance proceeds. Despite a Virginia statute that automatically revoked beneficiary designations to former spouses upon divorce, the Supreme Court held that FEGLIA preempted this state law, allowing the ex-spouse to receive the insurance proceeds. Dessin discusses the implications of this decision for estate planning, emphasizing the importance of updating beneficiary designations post-divorce to ensure that assets are distributed according to the individual's current intentions

Publication Title

Probate Law Journal of Ohio

Volume

24

First Page

8

Comments

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