[SPAM] RE: [WSBAPT] ERISA Preemption

[ROBERT MILLSAP]

It seems clear that it is it a nonprobate asset. I do recall that RCW
11.07 was once used to exclude divorced spouses from taking under an ERISA
plan.  Englehoff stopped that because of federal preemption.  But
subsequent cases read Englehoff narrowly so the divorced spouse could
receive the funds.  Then the Estate could go after the funds on contract
and unjust enrichment principles since preemption no longer applied once
the funds were in her hands.

 

Maybe unjust enrichment concepts would apply in your situation after the
ERISA fund were received contrary to super will provisions.  If there was
a contract to make a will, it may also be applicable.  In either event it
would be making new law.     

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Steve Nicol
Sent: Monday, September 8, 2014 1:56 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] ERISA Preemption

 

Dear Listmates,
 
Does anyone have information or case law that addresses whether ERISA
would preempt RCW 11.11.020 where a decedent named a particular
beneficiary to receive benefits from an ERISA account, but named a
different beneficiary for the same benefit in their Will?  
 
Thanks!
Steve Nicol

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