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Maquiling v. Estate of Renerito M. Maquiling

February 28, 1986

JOAN A. MAQUILING, PLAINTIFF,
v.
ESTATE OF RENERITO M. MAQUILING, DECEASED



Milberg, A.j.s.c.

Milberg

Plaintiff, Joan A. Maquiling, is the former spouse of the decedent, Dr. Renerito M. Maquiling. The parties entered into a property settlement agreement (hereinafter the "agreement") dated April 25, 1984, which was incorporated into their judgment for divorce dated May 8, 1984. The agreement provided that the "husband shall be obligated to maintain life insurance in the amount of $200,000 on his life naming the wife as beneficiary of $100,000.00."

Dr. Maquiling died a resident of Monmouth County on July 16, 1985. Decedent failed to maintain the requisite insurance although he did have a policy which paid plaintiff $50,000.

Plaintiff seeks to recover from the decedent's estate ("estate") the remaining amount due her pursuant to the judgment for divorce. The complaint in this matter was filed in the Superior Court, Law Division, on December 31, 1985.

Paragraph ten of the agreement reads:

LIFE INSURANCE

The husband shall be obligated to maintain life insurance in the amount of $200,000.00 on his life naming the wife as beneficiary of $100,000.00 and the children as beneficiaries with the wife as trustee of $100,000.00 as equal beneficiaries. The obligation to maintain the wife as beneficiary shall continue for as long as the husband is obligated to pay support to the wife. The obligation to maintain the children as beneficiaries with the wife as trustee shall continue until each of the children are emancipated. The husband shall supply documentary proof of the life insurance coverage and beneficiary designations on an annual basis. As each child becomes emancipated, the husband may reduce the amount of insurance by $50,000.00.

The conditions which would terminate the obligation to support plaintiff, and thus the duty to maintain her as beneficiary of a life insurance policy, are contained in paragraph four:

The wife's allowance shall cease and terminate in all respects in the event of:

(a) The death of wife;

(b) The death of husband;

(c) The remarriage ...


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