Estate of William Blake Burris - Page 10




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          acquired prior to marriage, by gift or inheritance to one spouse,           
          or “with separate things” is included in the definition of                  
          separate property.  La. Civ. Code Ann. arts. 2338, 2341 (West               
          1985).                                                                      
               With respect to life insurance in particular, there exists a           
          substantial body of caselaw, at both the State and the Federal              
          levels, that attempts to parse the relationship between such                
          policies and the above community property maxims.  The Court of             
          Appeals for the Fifth Circuit, to which appeal in this case would           
          normally lie, addressed this issue in Catalano v. United States,            
          supra.  In that case the husband acquired a policy of life                  
          insurance on his life with community funds and named his wife as            
          both owner and beneficiary.  Id. at 1060.  Upon the husband’s               
          death, the Commissioner asserted that one-half of the proceeds              
          should be included in his gross estate under section 2042.  Id.             
          The Court of Appeals, however, reasoned:                                    
               The Louisiana jurisprudence is well settled that life                  
               insurance policies on the life of the husband                          
               unconditionally owned by the wife or in which she is                   
               the irrevocable beneficiary are, as a matter of law,                   
               deemed part of her separate estate.  They therefore are                
               not within the Louisiana presumption that all property                 
               acquired during the marriage is community property. * *                
               * [Id. at 1061-1062.]                                                  
               The court then held that “where a husband takes out a policy           
          of insurance on his life and either irrevocably names his wife              
          the beneficiary or makes her the owner of the policy, he retains            
          no interest in the proceeds of the policy under Louisiana law               





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