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Thrivent Financial For Lutherans v. Wallace

United States District Court, E.D. California, Fresno Division

May 7, 2018

THRIVENT FINANCIAL FOR LUTHERANS, Plaintiff,
v.
JAMES WALLACE, WILLIAM JONES, AND ESTATE OF CHERIE LUCK, Defendants.

          DENNIS J. RHODES (SBN 168417), WILSON, ELSER, MOSKOWITZ, EDELMAN& DICKER LLP Attorneys for Plaintiff

          THRIVENT FINANCIAL FOR LUTHERANS JAMES WALLACE Defendant, in Propria Persona WILLIAM JONES Mr. William G. Jones, Defendant, in Propria Persona

          JUDGMENT OF DISCHARGE IN INTERPLEADER AND FOR DISTRIBUTION OF FUNDS

          LAWRENCE J. O'NEILL, UNITED STATES CHIEF DISTRICT JUDGE

         The stipulation by and between Plaintiff Thrivent Financial For Lutherans (“Thrivent”); defendant James Wallace (“Wallace”), and defendant William Jones (“Jones”) (hereinafter Wallace and Jones referred to collectively as “Defendants”)(hereinafter Thrivent and Defendants collectively referred to as “the Parties”) came before this Court for consideration in due course. Having reviewed and considered the stipulation, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

         1. That, on or about August 3, 1986, Cherie D. Luck (“Decedent”), applied for life insurance provided by Thrivent, formerly Aid Association for Lutherans. On the application, decedent designated her parents Lonnie L. Chebret and Deona Chebret as primary beneficiaries;

         2. That, on or about August 14, 1986, Thrivent issued universal life insurance to Decedent under Certificate No. 6665XXX[1] (“the Certificate”), with a face value of $150, 000.00, in the State of New Mexico. Decedent designated her parents Lonnie L. Chebret and Deona F. Chebret as primary beneficiaries, and completed an “Assignment of Certificate” in their favor. The Certificate also provided accidental death benefits in the event of an accidental death of a covered person pursuant to the terms of the Certificate;

         3. That, at the time of Decedent's death, the life insurance proceeds under the Certificate amounted to approximately $135, 503.00;

         4. That, Thrivent received an Absolute Assignment of Contract dated August 9, 2006, assigning the ownership of the Certificate back to Decedent;

         5. That, on or about September 25, 2008, Thrivent issued Variable Annuity Contract No. LC46XXXX5 to Decedent, with Wallace designated as primary beneficiary and Keith H. Luck, “Parent”, as contingent beneficiary. At the time of Decedent's death Annuity No. LC46XXXX5 provided a death benefit of $97, 994.54;

         6. That, Thrivent issued a second annuity, Variable Annuity Contract No. LC48XXXX1 to Decedent on July 13, 2010 in the State of California with Wallace designated as primary beneficiary on the application and Decedent's children as contingent beneficiaries, in equal shares. At the time of Decedent's death, Annuity No. LC48XXXX1 provided a death benefit of $31, 389.57;

         7. That, on or about July 13, 2010, Thrivent issued a third annuity, Variable Annuity Contract No. LC48XXXX2 to Decedent, in the State of California with Wallace designated as the primary beneficiary and Decedent's children as contingent beneficiaries, in equal shares. At the time of Decedent's death, Annuity No. LC48XXXX2 provided a death benefit of $3, 389.57;[2]

         8. That, on or about August 8, 2016, Decedent submitted a form entitled “Beneficiary Designation Common” (hereinafter “Beneficiary Designation”), to Thrivent in an attempt to change the beneficiaries of the Annuities and the Certificate, designating Jones as primary beneficiary, whom Decedent identified as “Husband as of 8/1/2015” and designating “Trust of Deona F. Chebret” as first contingent beneficiary, however, without a date of the trust;

         9. That, after receipt of the Beneficiary Designation, Thrivent wrote to Decedent on or about September 9, 2016 informing Decedent that when naming a trust as beneficiary, Thrivent requires the date the trust was established and that the beneficiary designation will not change until new form(s) are approved. Thrivent enclosed another Beneficiary Designation and highlighted the section of the form where the date of the trust was to be provided;

         10. That, Decedent died on or about September 10, 2017, and that at no time prior to Decedent's death did Thrivent receive a corrected Beneficiary ...


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