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 Marleen Barnett's claim for constructive fraud on the community and a constructive trust is preempted by ERISA; the court reversed the appellate court in part, affirmed otherwise, and remanded for further proceedings. Justice HANKINSON concurred in part and dissented in part, arguing the claim should not be preempted, while Justice ENOCH concurred fully.