Try our Advanced Search for more refined results
Searching dockets in Oneamerica Financial Partners Inc x
Alert me of new activity
All Case Activity Alerts Include: Answers, Appeals, Complaints, Motions, Orders, Trial Notes
Labor: E.R.I.S.A. | South Carolina
Order
TEXT ORDER. Britney Taylor ("Taylor") and Michelle Tipton ("Tipton") have filed 39 ; 40 letters indicating that they have reached an agreement as to the disbursement of funds between Taylor and B.S., Tipton's minor child who resides with Tipton in Florida. According to the agreement, $33,000 will be distributed to B.S. and the remainder of the funds will be distributed to Taylor. Generally, distribution of benefits from this Plan are governed by the Plan Document. Boyd v. Metro. Life Ins. Co., 636 F.3d 138, 140 (4th Cir. 2011) (noting that "plan administrators look solely at the directives of the plan documents in determining how to disburse benefits.") (citation and internal quotation marks omitted). However, the Plan Document (ECF No. 1-1) does not expressly address disbursements to a minor. Pursuant to Florida Statute § 744.301(2), natural guardians (such as a mother), without appointment, may collect, receive, manage, and dispose of and make elections regarding the proceeds from a life insurance policy payable to the child "if the amounts received do not exceed $15,000." Because the amount involved exceeds the statutory limit, a court appointed guardian is required for disbursement. See Nickel v. Estate of Estes, 122 F.3d 294, 300 n.4 (5th Cir. 1997) (noting that ERISA does not preempt state law governing the passage of proceeds when the Plan does not discuss how the proceeds should be disbursed); see also ECF No. 1-1 at 49, Section 18 (4) (Plan Document noting that reference to state law is appropriate in certain issues of determination of beneficiary and disbursement of funds). Accordingly, prior to the disbursement of funds, a formal guardian of the property must be appointed for B.S. Tipton must seek for herself or some other representative to be appointed by a Florida court to be a guardian of property for B.S. Upon receipt of proof that a formal guardian of the property has been appointed for B.S., the Court will order a disbursement of funds in accordance with the parties agreement. IT IS SO ORDERED. Signed by Magistrate Judge William S. Brown on 10/2/26. (rweb, )
Document Mailed
***DOCUMENT MAILED 41 Text Order placed in U.S. Mail from Greenville Clerks Office to Britney Taylor, 896 Dunklin Bridge Rd, Fountain Inn, SC 29644 and Michelle Tipton, 421 Oak Street, Sebastian, FL 32958. (rweb, )
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
TRY LAW360 FREE FOR SEVEN DAYS
Already a subscriber? Click here to login
Email (NOTE: Free email domains not supported)
First Name
Last Name
Job Title
Phone
PLEASE NOTE: A verification email will be sent to your address before you can access your trial.
Password (at least 8 characters required)
Confirm Password
Law360 UK may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.You’ll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. Please see our Privacy Policy.