[SPAM] RE: [WSBAPT] Uncooperative 3rd party payor with IRA

Sun May 25 17:09:46 PDT 2014

I have a very similar case right now.  Is the account governed by ERISA?
In my experience, that is the first thing you need to determine, because
if it is, RCW 11.07.010 may be pre-empted.  Let me know if you want to
discuss.

Thanks,

Jill

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Eva M. Luchini
Sent: Thursday, May 08, 2014 12:56 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Uncooperative 3rd party payor with IRA

I wonder if anyone else has had this problem:  The holder of an IRA, in
this case E-Trade, refuses to recognize the Washington auto-revocation
rule (RCW 11.07.010) whereby the decedent’s pre-divorce designation of her
former husband as beneficiary is automatically revoked upon the divorce.
I’ve notified E-Trade of the statute, sent them the text of it, but the
response has been that only federal law governs the IRA and the ex-husband
remains as the death beneficiary.  They will not release the funds to the
estate without a court order or letter of resignation from the ex-husband.
Have you ever experienced this and had to go in for the court order?  Were
you able to get attorneys’ fees paid by the uncooperative holder of the
nonprobate asset?  

Thank you for your thoughts,

Eva M. Luchini

Pabst Holland & Reynolds, PLLC

900 Washington Street, Suite 820

Vancouver, WA 98660

360.693.1910/503.222.9201

360.693.2290 fax

 <mailto:keh at phr-law.com> eml at phr-law.com

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