- 8 - used to purchase the assets. In that event, the estate alleges that such claim, in the amount of one-half of the cash surrender value of the policies at the date of Mrs. Burris’s death, should be allowed as a debt against decedent’s estate. Conversely, respondent alleges that the general rules of Louisiana community property law are inapplicable to the policies at issue in this case. Rather, respondent contends that Louisiana jurisprudence, particularly as interpreted by the Court of Appeals for the Fifth Circuit in Catalano v. United States, 429 F.2d 1058 (5th Cir. 1969), has established a separate body of law governing life insurance policies. Moreover, in respondent’s view, this body of law stands for the principle that ownership of life insurance policies in Louisiana is determined by the terms of the contract of insurance itself. Hence, since the contracts here expressly placed all incidents of ownership in decedent, respondent avers that the policies were decedent’s separate property and that the full value of the proceeds therefrom is includable in his gross estate. Additionally, in response to the estate’s alternative argument, respondent maintains that the heirs have no reimbursement claim against his estate because any such claim was extinguished upon the death of the insured, because Mrs. Burris’sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011