Nickel v. Est of Lurline Estes

The majority states that the district court erred by conducting a preemption analysis and that the case turns on whether Lurline Estes’ executor, Marcus Armstrong, can validly disclaim her right to proceeds from the Phillips Thrift Plan within nine months of Benny’s death, as was Lurline’s right under the terms of the plan. The majority believes that Armstrong was not a beneficiary under the plan, and therefore, did not have the right to validly disclaim the proceeds from the plan. Accordingly, the majority has voted to reverse the decision of the district court in this matter. While I concur…