United States District Court, D. Colorado
ORDER GRANTING PLAINTIFF'S MOTION TO DEPOSIT
FUNDS INTO THE REGISTRY OF THE COURT, FOR DISMISSAL, AND FOR
CHRISTINE M. ARGUELLO, UNITED STATES DISTRICT JUDGE.
Plaintiff Brighthouse Life Insurance Company
(“Brighthouse”) has moved this Court for leave to
deposit annuity assets into the Registry of the Court, for
discharge and dismissal with prejudice, and for
attorneys' fees and costs. (Doc. # 12.) Being fully
informed, the Court orders as follows:
is a civil action in the nature of interpleader, seeking a
determination by the Court of the proper beneficiary or
beneficiaries of Annuity Contract No. 3203434335 (the
“Annuity”), issued to Judith G. Hill
(“Hill”) prior to her death. See (Doc. #
12-1). The contract is an inherited IRA.
or about April 7, 2010, Brighthouse issued the Annuity to
her application for the Annuity, Hill listed her brother,
Defendant Russell Grimm, as the beneficiary.
died on or about May 13, 2016.
Prior to Hill's passing, on or about January 31, 2016,
she changed the beneficiaries of the Annuity, removing Grimm
and including Defendant V-Day, Defendant National Family
Planning and Reproductive Health Association, Inc., Defendant
First Book, and non-party NPR.
or around December 2016, Brighthouse paid NPR a death benefit
of $18, 980.28 with respect to NPR's claim under the
Commencing in February 2017, Brighthouse received
correspondence from Defendant Grimm's attorney,
representing both Defendant Grimm individually and Hill's
Estate, challenging the change of beneficiary and claiming
that many of the actions Hill took prior to her death were
November 30, 2017, Defendant Grimm's attorney sent
additional correspondence to Brighthouse, informing
Brighthouse that the Denver Probate Court had ruled that
changes Hill had made to her Last Will and Testament were
invalid. The letter indicated that the changes to the
beneficiary of the Annuity may well have been invalid as
Meanwhile, the other interpleader Defendants have claimed or
may claim they are entitled to their share of the remaining
death benefit of the Annuity.
Brighthouse is unable to determine who, under Colorado law,
is the proper beneficiary of the Annuity.
BRIGHTHOUSE IS ENTITLED TO ITS ...