Felix-Aranibar v. Felix

By Judge William T. Newman , Jr.

This case presents the question of whether the proceeds of a decedent’s life insurance policy are to be included in the decedent’s augmented estate under Virginia Code § 64.1-16.1. Petitioner asserts that based upon the plain language of the statute, the proceeds of this policy must be included once the decedent’s spouse claims her elective share. Respondent counters that (1) the proceeds of the policy are exempt from this claim based upon Virginia Code § 38.2-3339, which protects proceeds of group life insurance policies; (2) life insurance policies are not…