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California Community Property Keyed to Carrillo, 11th Ed.
Tyre v. Aetna Life Insurance Co.
Citation:
353 P.2d 725, 54 Cal. 2d 399 (1960)Facts
Rebecca Tyre and Louis Tyre married in Los Angeles in 1917 and remained married until Louis’s death in 1957. In 1926, Aetna issued a $20,000 life insurance policy on Louis’s life, with all premiums paid from community funds. The original beneficiary was Tyre Brothers Glass Company. In 1946, upon retirement, Louis changed the beneficiary to Rebecca for a lump sum payment. In 1950, without Rebecca’s knowledge or consent, Louis exercised a policy option to change the settlement method to an annuity based on Rebecca’s life expectancy, with monthly payments of $123. If Rebecca failed to survive Louis by 10 years, the three daughters would receive payments for the balance of the 10-year period. Rebecca was 59 years and 8 months old when Louis died, with a standard life expectancy of 14 years, though she had suffered three heart attacks. Rebecca learned of the change only after Louis’s death and promptly demanded payment of her community property share in cash.
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