This morning, we received an Order granting our Motion for Judgment on the Pleadings in a Constructive Trust case in Federal Court. The former wife sued the widow seeking to impose a constructive trust on life insurance proceeds she did not get in the divorce. While the divorce decree did require the deceased to maintain insurance, it did not apply to any specifically identified insurance policy. The law in Georgia is clear that a constructive trust can only attach to specifically identified property. By seeking and obtaining the Judgment on the Pleadings we saved our client and the former wife (for that matter) tens of thousands of dollars in litigation costs.
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