- 16 - Nevertheless, while not without initial appeal, the difficulty with the foregoing theory is that it neither adequately explains the Louisiana jurisprudence nor addresses the interplay of its premise with the test of section 20.2042- 1(c)(1), Estate Tax Regs. As regards State law, Louisiana courts have repeatedly stated that ownership of policies is governed by community property principles but ownership of proceeds is not. The explicit distinction has always been between the type of asset being considered (policy versus proceeds) and never between the type of case in which the question arises. In this connection, Berry v. Metro. Life Ins. Co., supra at 523-524, issued in the context of a dispute over death proceeds, is illustrative. The court in that case characterized the underlying policy as a community asset and the former wife as owner of a one-half interest therein. Id. At the same time, the court nonetheless reaffirmed the rule that death benefits are outside of the community regime and belong exclusively to the named beneficiary. Id. The former wife was thus held to have no claim to the proceeds payable by beneficiary designation to the decedent’s sister. Id. at 522, 524. Hence, although it is clear under Louisiana law that ownership of life insurance proceeds is governed solely by contract terms, such apparently does not prevent a spouse fromPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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