IN RE ESTATE OF DEWITT

Nos. 01SC136, 01SC248.

54 P.3d 849 (2002)

In the Matter of the ESTATE OF Michael D. DeWITT, deceased. Rebecca Hill, Personal Representative of the Estate of Michael D. DeWitt, Deceased, Petitioner, v. Janet DeWitt and USAA Life Insurance Company, Respondent. In the Matter of the Estate of Darwin J. Becker, a/k/a Darwin James Becker, deceased. Donna Fasi, f/k/a Donna Becker or Donna Sue Becker, Petitioner, v. Douglas J. Becker, Personal Representative of the Estate of Darwin J. Becker, a/k/a Darwin James Becker, deceased, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 7, 2002.


Attorney(s) appearing for the Case

Howard and Francis, LLP, Steven G. Francis, Fort Collins, Colorado, Attorneys for Petitioner Rebecca Hill.

Lathrop Law Office, P.C., Diane M. Lathrop, Fort Collins, Colorado, Attorneys for Respondent Janet DeWitt.

Kutak Rock, LLP, Ira J. Bornstein, Denver, Colorado, Attorneys for Respondent USAA Life Insurance Company.

John H. Licht, Attorney at Law, John H. Licht, Denver, Colorado, Anne Whalen Gill, P.C., Anne Whalen Gill, Castle Rock, Colorado, Attorneys for Petitioner Donna Fasi.

Fairfield and Woods, P.C., John M. Tanner, Denver, Colorado, Attorneys for Respondent Douglas Becker.


Justice MARTINEZ delivered the Opinion of the Court.

These two cases, which we consolidated for purposes of this opinion, concern the question of whether a designation of a spouse as beneficiary of a life insurance policy survives the dissolution of marriage. Prior to July 1, 1995, Colorado law provided that the dissolution of marriage did not revoke a former spouse's designation as beneficiary of a life insurance policy absent an intent to the contrary expressed...

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