The petition filed by the granddaughter of decedent Elaine Thomas raises the issue of whether decedent’s will created a trust that qualifies as the beneficiary Ms. Thomas designated to receive her life insurance proceeds. According to a representative of the Federal Employee Group Life Insurance Program, Ms. Thomas designated the “trustee(s) or successor(s) as provided in last will” as the beneficiary of her life insurance policy. Although this insurance company representative concluded that Ms. Thomas’s will did not create the designated beneficiary, upon review of the will and controlling precedent that opinion is without merit. For the following reasons, the will of Elaine Thomas creates a trust that manifests her clear intent that her insurance proceeds should be distributed to Ashley Super, “as executor of my estate and insurance” so that Ms. Super can distribute the proceeds in accordance with Article 3 of the will.
Factual Background
Elaine B. Thomas died on December 30, 2012 leaving a Will dated July 18, 2012. In Article 1 of her Will, Elaine Thomas states that “I appoint Ashley Super, my granddaughter, as executor of my estate and insurance.” After bequeathing her personal belongings at 2113 Walnut Lane to her two children, Keenya Banks-Bryant and Troy Thomas, Ms. Thomas set forth an elaborate scheme of outright gifts and trusts to relatives and friends in Article 3 of her Will. Significantly, Article 3 specifically references her life insurance policy which Ms. Thomas wished to distribute as detailed in that Article:
Article 3: Life Insurance Policy
I have a life insurance policy of this I give:
After all matters of insurance have been taken care of, the remainder of the money’s shall be split equally and put into separate trust accounts for Troy Thomas (My son) and Keenya Banks-Bryant (My daughter). The moneys shall be distributed in a onetime payment of ten thousand dollars to each Troy and Keenya, and the rest shall be disbursed in monthly payments of $1,000 until the trust funds are exhausted.
After Elaine Thomas died on December 20, 2012, Ashley Super contacted the Office of Federal Employees’ Group Life Insurance Program (OFEGLI) to collect the benefits due under the life insurance policy that had insured Elaine Thomas. In response, she received a July 8, 2013 letter denying this request from Tricia Baker of MetLife Insurance Company which pays claims for the OFEGLI. Ms. Baker explained that by law the OFEGLI “must pay the life insurance benefits to the beneficiary according to federal law as described in the enclosed order of payment document.” The letter then stated that the most recent beneficiary that had been designated by Elaine Thomas was “trustee(s) or successor(s) as provided in last Will.” Ms. Baker concluded that upon review of Elaine Thomas’s last will, “she did not name a trust or appoint a trustee.” Due to this failure to designate a beneficiary, the proceeds would go instead to “our enclosed order of
In response to this rejection letter, Ashley Super filed a petition seeking a determination by Orphans’ Court that Elaine Thomas had created a trust in her will that would qualify as the beneficiary she had designated under her insurance policy. This petition was opposed by Keenya Banks-Bryant, the daughter of Elaine Thomas, who posed various arguments that are not always clear. At one point, she argues that her mother’s will did not create a trust,
Legal Analysis
In this case, it is undisputed that Elaine B. Thomas designated her “trustee(s) or successor(s) as provided in last will” as the beneficiary of her life insurance policy with OFEGLI. There are a plethora of Pennsylvania cases that focus on whether a beneficiary has been changed by operation of statute
It has long been held in Pennsylvania that the polestar of any analysis of the will of Elaine Thomas is her intent. In re Hirsh’s Estate, 334 Pa. 172, 179, 5 A.2d 160, 163 (Pa. 1939)(“The ‘polestar’ long fixed for the guidance of courts in interpreting deeds of trust, as in interpreting wills, is the intention of the maker”). In seeking to discern that intent, a court must be guided by the plain language of the
Under long standing Pennsylvania precedent, courts determine whether a will establishes a trust by analyzing the will as a whole rather than fixating on magic words like “trust” or trustee.” In Sheets ’ Estate, for instance, the court concluded the testator had created a trust and that the executor was, in fact, a trustee: “[t]he duties imposed and the powers given to the executor in the will now before us, are such as necessarily to constitute him a trustee.” Sheets’ Estate, 52 Pa. 257 at *8. It noted that such
The rest-residue and remainder of my estate, whether real-personal or mixed I authorize empower and direct by executors herein named to sell the same at either private or public sale. The proceeds therefrom to be used for Scholarships. To be directed by Fred D. Lamberson.
Estate of McClain, 435 Pa. at 409, 257 A.2d at 246.
In interpreting this will, the McClain court emphasized that despite “absence of the word ‘trust’ or ‘trustee,’ this residuary clause created a scholarship trust and named Fred Lamberson as trustee.” Id., 435 Pa. at 411, 257 A.2d at 246.
More recently, the Pennsylvania Uniform Trust Act has set forth five general criteria for determining whether a trust has been created without requiring that the words trust or trustee be employed. Under 20 Pa.C.S. § 7732, for instance, “a trust is created only if:”
*110 (1) the settlor has capacity to create a trust;
(2) the settlor signs a writing that indicates an intention to create the trust and contains provisions of the trust;
(3) the trust has a definite beneficiary....
(4) the trustee has duties to perform;
(5) the same person is not the sole trustee and sole
Respondent Keenya Banks-Bryant challenges the validity of this trust by citing In re Wood’s Estate, 261 Pa. 480, 104 A. 673 (1918) for the proposition that “a testamentary trust is not proper when it appears that the trustee has no function except merely to apply all the proceeds of the trust corpus to the personal use of the
This section shall apply regardless of whether the insurance contract or the employee benefit plan designates the ultimate beneficiaries or makes the proceeds payable, directly or indirectly, to a trustee of a trust under a will or under a separate trust instrument which designates the ultimate beneficiaries, and regardless of whether any such trust is amendable or revocable, or both, or is funded or unfunded, and notwithstanding a reservation to the settlor of all rights of ownership in the insurance contracts or under the employee-benefit plans. Unless otherwise expressly provided in the conveyance, funds, or other property so passing to a trust under a will shall become and be*113 a part of the testamentary trust to be administered and disposed of in accordance with the provisions thereof, without forming any part of the testator’s estate for administration by his personal representative.
20 Pa.C.S. §6108.
As petitioner convincingly argues, in this case Elaine Thomas’s estate and trust are distinct, but Elaine Thomas intended “Ashley Super to administer both, acting in a dual capacity as both executor and trustee under the Will.”
Conclusion
For these reasons, the insurance proceeds for Elaine Thomas should be distributed as directed by Elaine Thomas’s written designation for her life insurance beneficiary to Ashley Super for distribution and administration as set forth in Article 3 of the will.
. See 10/29/13 Ashley Super petition, ex. B (7/8/13 letter from Tricia Baker).
. 11/13/13 Keenya Banks-Bryant objection to petition; 1/21/14 Keenya Banks-Bryant answer.
. 1/21/14 Keenya Banks-Bryant answer.
. See, e.g., Estate of Sauers, 613 Pa. 186, 32 A.3d 1241 (2011) (Under ERISA, section 6111.2 of the PEF Code is preempted as to life insurance proceeds).
. See, e.g., Alkhafaji v. TIAA-CREF, 69 A.3d 219 (Pa. 2013)
. In her brief, respondent invokes precedent on the requirements for changing a designated beneficiary by complying with the requirements of the policy, but that is not at issue in this matter. 2/21/14 Keenya Banks-Bryant brief at (unnumbered) 2.
. 10/29/13 Ashley Super petition, ex. B (7/8/13 letter for MetLife/ FEGLI by Tricia Baker).
. See 10/29/13 Ashley Super petition, ex. B (7/8/13 letter from Tricia Baker).
. 11/13/13 objection by Keenya Banks-Bryant at (unnumbered) 2-3, citing In re Wood’s Estate, 261 Pa. 480, 482-83, 104 A. 673, 673 (1918). Although respondent appears to use this case to determine whether a viable trust is created, Wood’s Estate focuses instead on whether a trust may be terminated based on the agreement of the beneficiary and the trustees. That is not at issue in this dispute. Likewise, respondent’s reliance on Estate of Weeks, 485 Pa. 329, 402 A.2d 657, 658-59 (1918) is misdirected since that case likewise deals with the termination of a trust and not with whether it exists.
. See 2/21/14 Keenya Banks-Bryant petition at (unnumbered) 3.
. 3/5/14 Ashley Super brief at 17.
