Dora Ernestine Luck Barnett, Petitioners v. Marleen Kovalchik Barnett, Respondent

Summary

The Texas Supreme Court held that the Prudential life‑insurance policy purchased during the marriage was community property, but that the surviving spouse’s claim for constructive fraud and a constructive trust is preempted by ERISA. Accordingly the Court reversed the appellate court’s judgment on the constructive‑trust claim and remanded for further proceedings. Justice HANKINSON filed a concurring‑in‑part/dissenting opinion and Justice ENOCH filed a separate concurrence, both of which are noted at the end of this summary.