Alleged Wife of Decedent has no Right to Life Benefits Because Decedent Wrongfully Claimed Common-Law Marriage

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Decedent was employed by the Navajo Nation and a participant in the Navajo Nation Benefit Plan issued by MetLife, which included a group life insurance policy. The plan allowed participants to designate beneficiaries, and on June 21, 1995, Decedent designated Martin, Jr., his son, as sole beneficiary to plan benefits and 4 years later Decedent designated Lynch as the sole beneficiary to plan benefits and identifying her as “spouse common law.” Upon his death in 2017, the New Mexico death certificate indicated that Decedent remained married to Naomi Platero; they married in 1983 and later separated but they never divorced.

ZALMA OPINION

It is axiomatic that where there is a will, there are relatives. Similarly, where there is life insurance, there are relatives seeking the benefits. Only the first named beneficiary could get the benefits because of the misrepresentation made by the decedent when he sought to change the beneficiary to his common-law spouse.