Mr. Horwitz represented Mrs. Welles Waltman in an interpleader action filed by Transamerica. At stake was a $500,000 life insurance policy. Also claiming an interest in the policy proceeds were Mrs. Welles Waltman’s two step sons. Her step sons filed a cross-complaint alleging elder abuse. They claimed that she forced her husband, their father, to change the policy beneficiary designation shortly before his passing to make her the 100% beneficiary. The step sons wanted the earlier beneficiary designation to be upheld. That designation provided each son with 25% of the proceeds, and 50% to Mrs. Welles Waltman. In filing the elder abuse claim, the step sons wanted to have Mrs. Welles Waltman declared to have predeceased her late husband, and, therefore not eligible to take any of the life policy proceeds.
Mr. Horwitz settled with one step son, giving him just over 10% of the policy, and was able to have terminating sanctions entered against the other step son, resulting in that step son’s cross complaint being dismissed, his answer to the interpleader action struck, and his default entered. Thereafter, the policy proceeds were distributed to Mr. Horwitz’s client.