NJSBA Family Law Section

I have an interesting post-judgment issue with some procedural complications.

Basic story is that my client's ex-husband died without naming their child as the beneficiary on his life insurance policy, which required him to maintain insurance in an amount equal to that he maintained for his first two children from his first marriage--which was $750,000 per child.  At the time of his death, he had the $1.5 M policy for his first two children to divide evenly and a $1.5M policy for which named his business as beneficiary.  

Prior to learning about the 2nd policy, an action was instituted in the Probate Part by the ex-husband's Executrix/Trustee seeking direction as to whether the $1.5M policy for the first two children should be divided 3 ways to include the child without any coverage--as there does not appear to be enough assets in the Estate to cover any judgment my client would get against her ex-husband.  We filed an Answer/Counterclaim/Cross Claim in the Probate Part to secure the $500,000 for our client.  

I believer now, however, I can also seek to bring in the business to secure the full $750,000.  To complicate matters, the Estate is prepared to file suit in the Law Division seeking the full $1.5M policy from the business--which, if they do, would potentially leave 3 actions pending in 3 different courts.

First Question:  Am I precluded under the RPC to file a post-judgment motion to interplead the business to secure the $750,000 on a contingent basis?

Second Question:  Is there any reason I cannot file in the Family Part with a secondary request to bring the entire Probate action into the Family Part?

Any and all thoughts/guidance would be appreciated. 

TIA


------------------------------
David Cardamone Esq.
Miller & Gaudio
Red Bank NJ
(908)310-4395
------------------------------

Original Message------

I have an interesting post-judgment issue with some procedural complications.

Basic story is that my client's ex-husband died without naming their child as the beneficiary on his life insurance policy, which required him to maintain insurance in an amount equal to that he maintained for his first two children from his first marriage--which was $750,000 per child.  At the time of his death, he had the $1.5 M policy for his first two children to divide evenly and a $1.5M policy for which named his business as beneficiary.  

Prior to learning about the 2nd policy, an action was instituted in the Probate Part by the ex-husband's Executrix/Trustee seeking direction as to whether the $1.5M policy for the first two children should be divided 3 ways to include the child without any coverage--as there does not appear to be enough assets in the Estate to cover any judgment my client would get against her ex-husband.  We filed an Answer/Counterclaim/Cross Claim in the Probate Part to secure the $500,000 for our client.  

I believer now, however, I can also seek to bring in the business to secure the full $750,000.  To complicate matters, the Estate is prepared to file suit in the Law Division seeking the full $1.5M policy from the business--which, if they do, would potentially leave 3 actions pending in 3 different courts.

First Question:  Am I precluded under the RPC to file a post-judgment motion to interplead the business to secure the $750,000 on a contingent basis?

Second Question:  Is there any reason I cannot file in the Family Part with a secondary request to bring the entire Probate action into the Family Part?

Any and all thoughts/guidance would be appreciated. 

TIA


------------------------------
David Cardamone Esq.
Miller & Gaudio
Red Bank NJ
(908)310-4395
------------------------------

Original Message------

I have an interesting post-judgment issue with some procedural complications.

Basic story is that my client's ex-husband died without naming their child as the beneficiary on his life insurance policy, which required him to maintain insurance in an amount equal to that he maintained for his first two children from his first marriage--which was $750,000 per child.  At the time of his death, he had the $1.5 M policy for his first two children to divide evenly and a $1.5M policy for which named his business as beneficiary.  

Prior to learning about the 2nd policy, an action was instituted in the Probate Part by the ex-husband's Executrix/Trustee seeking direction as to whether the $1.5M policy for the first two children should be divided 3 ways to include the child without any coverage--as there does not appear to be enough assets in the Estate to cover any judgment my client would get against her ex-husband.  We filed an Answer/Counterclaim/Cross Claim in the Probate Part to secure the $500,000 for our client.  

I believer now, however, I can also seek to bring in the business to secure the full $750,000.  To complicate matters, the Estate is prepared to file suit in the Law Division seeking the full $1.5M policy from the business--which, if they do, would potentially leave 3 actions pending in 3 different courts.

First Question:  Am I precluded under the RPC to file a post-judgment motion to interplead the business to secure the $750,000 on a contingent basis?

Second Question:  Is there any reason I cannot file in the Family Part with a secondary request to bring the entire Probate action into the Family Part?

Any and all thoughts/guidance would be appreciated. 

TIA


------------------------------
David Cardamone Esq.
Miller & Gaudio
Red Bank NJ
(908)310-4395
------------------------------