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Barnett v. Barnett

67 S.W.3d 107 (2001)

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Barnett v. Barnett

Texas Supreme Court
67 S.W.3d 107 (2001)

  • Written by Whitney Kamerzel , JD

Facts

Christopher Barnett (defendant) and Marleen Barnett (plaintiff) were married. During the marriage, Christopher obtained a life-insurance policy through his employer and paid the premiums with payroll deductions. Christopher and Marleen separated and initiated divorce proceedings. Christopher changed the beneficiary of his life insurance to his mother, Dora Barnett (defendant), and executed a new will in which he gave his entire estate to Dora. Before the divorce was concluded, however, Christopher died. The life-insurance proceeds were approximately $170,000. Marleen sued Christopher’s estate and Dora, arguing that the proceeds were community property and that Christopher committed fraud on the community by changing his beneficiary of community property to Dora. Dora argued that the life-insurance policies were separate property and that even if they were community property, Marleen’s community-property interest and the claim for fraud were preempted by the Employee Retirement Income Security Act (ERISA). The trial court held that ERISA preempted Marleen’s community-property interest. The court of appeals reversed. Dora appealed.

Rule of Law

Issue

Holding and Reasoning (Owen, J.)

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