Nature of the Case
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Facts
John died on December 25, 1990, leaving two life insurance policies sponsored by his employer totaling $212,000. On July 15, 1985, John, a design specialist for Lockheed Missiles and Space Co., filed for dissolution of his 16-year marriage to P. On November 12, 1986, their marriage was dissolved with the court reserving jurisdiction over 'all other issues in this proceeding, including, but not limited to, division of property and debts, spousal support, child support and injunctive orders.' John married D on November 14, 1986, and designated her the beneficiary of life insurance provided through Lockheed. On December 30, 1987, the court ordered John to pay monthly spousal support of $651 and child support of $912 for two minor children. The judgment also divided the parties' property and reserved jurisdiction over other issues. There was no disposition of John's life insurance. By stipulation and order filed April 18, 1990, the parties agreed that child support would be reduced to $450 and spousal support to $ 200 monthly as of September 1, 1989. On June 4, 1990, John filed a motion seeking a reduction in child and spousal support due to his disability. P offered, by letter and telephone call to agree to a reduction if she or she and their children were named beneficiaries of John's life insurance. John did not appear at the hearing on July 27, 1990, due to illness. At the hearing John's counsel objected to the request to modify the insurance because it was not made through formal pleadings, and it would be unfair to D, John had no obligation to support his adult son, and both children would be entitled to Social Security benefits on John's death if he survived to the age of 62 on October 17, 1990. The court ordered reductions in monthly spousal support to nothing and child support to $125 during John's disability and, as a substitute for child and spousal support, that John name P and Richard, his minor son, as beneficiaries of his life insurance along with D. John died without providing for his children in his will. On January 15, 1991, P filed a motion seeking enforcement of the life insurance modification order and alleging John did not change beneficiaries before he died. D filed a motion to vacate the order modifying the life insurance. The motion was denied at a hearing on May 10, 1991.
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