Mowen v. Kelly

Plaintiff filed an action for declaratory judgment seeking a judicial determination that he was the sole payable-on-death beneficiary of his father’s retirement accounts despite being designated at the secondary beneficiary by arguing that the primary beneficiary’s interest in the accounts was terminated when she and the decedent divorced. The parties filed cross motions for summary judgment and the trial court granted the plaintiff’s motion and denied the defendant’s motion. The appellate court reversed, explaining that the trial court erred when it entered summary judgment for the plaintiff because the decedent’s retirement accounts were in his name and that his beneficiary designations should have been honored. (HARRIS and STEIGMANN, concurring)