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Rice v. Rice

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Date: 
Thursday, January 9, 2014

S-13-0458, Brenda R. Rice (Appellant) v. Dale E. Rice (Appellee)

Lancaster County, Judge Steven Burns

Attorneys:  Robert B. Creager of Anderson, Creager & Wittstruck (Appellant) — James A. Cada of Cada, Cada, Hoffman & Jewson (Appellee)

Civil: enforcement of dissolution decree

Proceedings Below: The district court determined that in the dissolution decree and accompanying property settlement, Brenda R. Rice (appellant) waived her status as beneficiary under the life insurance policies of her former husband, Dale E. Rice (appellee). The court ordered Brenda to withdraw her claims under the life insurance policies.

Issues: Brenda assigns that the district court erred in (1) determining that she waived her status as designated beneficiary of Dale’s life insurance, (2) failing to award her the proceeds of Dale’s life insurance policies, and (3) granting the motion of Dale’s estate to enforce the decree by removing her as the designated beneficiary of Dale’s life insurance. Specifically, Brenda argues that the district court erred in determining that she waived her status as beneficiary by (4) failing to find that the property settlement agreement did not constitute of a waiver of beneficiary status, (5) failing to find that the property settlement agreement was ambiguous, (6) failing to receive parole evidence on the intent of the parties, and (7) failing to reform the property settlement agreement to reflect the intent of the parties.

 

 

This page was last modified on Thursday, January 9, 2014