The Estate of Albrecht

Estate challenged payment of life insurance policy proceeds and surviving spouse annuity to decedent's ex-wife. Judgment of dissolution did not specify a waiver of ex-wife's expectancy interest in insurance policies, and decedent failed to replace ex-wife as beneficiary of policy at any time but he did not do so. Thus, ex-wife is entitled to policy proceeds. Court properly found that ex-wife did not waive her rights to surviving spouse annuity. Judgment of dissolution does not specify it or include an express waiver of ex-wife's expectancy interest, and listing of decedent's monthly payment amounts supports idea that parties intended ex-wife to remain as beneficiary on surviving spouse annuity. (McDADE and HOLDRIDGE, concurring.)