During their marriage, decedent and wife had two children. In 2012, the circuit court for Muskegon County entered a divorce judgment which, in pertinent part, required decedent to make monthly child support payments to wife.
In order to provide security for the payment of his support obligations in the event of his death, the judgment also ordered decedent to irrevocably designate the minor children of the parties as the beneficiary on any and all life insurance policies presently outstanding upon his life, until his duty to support shall cease. At the time, decedent had a group life insurance policy which provided for payment of death benefits in the amount of $400,000 upon his death.
Following decedent’s death in 2016, both children and wife asserted entitlement to the insurance benefits. The insurance company initiated an interpleader action in the federal district court for the western district of Michigan seeking a determination as to who was entitled to the insurance proceeds.
The federal court ordered each to receive approximately one-third of the insurance proceeds.
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