Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Wednesday, November 26, 2014

Battle Over Officer's Estate

Dave Monrogio

A battle is brewing over the estate of a Naples police officer who killed himself during a domestic violence double shooting. 

The Board of Trustees of the Naples Police Officers’ Retirement Trust Fund filed a complaint this month, asking a judge to determine who should receive Officer Luis “Dave” Monroig’s $100,000 lifetime pension: his ex-wife or his mother. 

Although Monroig’s sixteen-year marriage ended in divorce in August 2013, he never changed the primary beneficiary of his city pension benefits before shooting both himself and his girlfriend in her Estero home. 

The complaint states, “The Board of Trustees cannot determine which defendant is entitled to the death benefit under the terms of the (pension) plan, the marital settlement agreement, the beneficiary designation and (a new state law) without running the risk of double payment.” 

Under the law, which went into effect July 1, 2012, if the policy holder designated an ex-spouse as a primary beneficiary before their marriage legally ended and the policy holder dies on or after July 1, 2012, that beneficiary is considered predeceased and benefits would then go to the contingency beneficiary. The law affects life insurance policies, annuities, IRAs, 401Ks and other employee benefit plans.

Monroig’s father is also challenging his daughter-in-law’s right to his estate, which involves a car worth $5,000 and other personal effects, clothing, and furniture. 

See Aisling Swift, Battle Heats Up Over Dead Officer’s Pension, Estate, Naples News, Nov. 23, 2014.

https://lawprofessors.typepad.com/trusts_estates_prof/2014/11/battle-over-officers-estate.html

Current Affairs, Estate Administration, Estate Planning - Generally, New Legislation | Permalink

TrackBack URL for this entry:

https://www.typepad.com/services/trackback/6a00d8341bfae553ef01b7c70fded6970b

Listed below are links to weblogs that reference Battle Over Officer's Estate:

Comments

Post a comment