[WSBAPT] X-Spouse as unintended direct beneficiary

[Matt Johnson]

Not one that enlarges beyond the 120 hrs in the uniform simultaneous death act.
Matthew R. Johnson| Attorney at Law
Gravis Law, PLLC
P.O. Box 182 | 350 E. Main St.
Dayton, WA 99328
509-382-2030 (office)
509-952-2947 (cell)
Website <https://www.gravislaw.com/> - LinkedIn<https://www.linkedin.com/pub/matthew-r-johnson/2b/997/87a>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of J A Cyphers
Sent: Monday, July 20, 2015 3:17 PM
To: Probate List Serve
Subject: Re: [WSBAPT] X-Spouse as unintended direct beneficiary

No survivorship clause in the will??
Often the will requires that beneficiaries survive the decedent by a certain period of time - often 60 days - or they do not take under the will.

   

Jackie Cyphers
Jeannette A. Cyphers, Attorney at Law
P. O. Box 908
Edmonds, WA 98020-0908
425-776-5887
fax 425-640-0814
jacyphers at gmail.com<mailto:jacyphers at gmail.com>

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-------Original Message-------

From: Matt Johnson<mailto:Matt at gravislaw.com>
Date: 7/20/2015 3:14:04 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] X-Spouse as unintended direct beneficiary

The situation:

Divorced T died leaving entire estate two T’s two sons on the conditioned that they survive T. If either son predeceased T without issue, that son’s gift shall lapse and all interest shall go to the surviving son.

One son technically survived T, but died intestate shortly thereafter with no issue and no spouse. The result is T’s x-spouse is now substituted in the deceased son’s place as the sole beneficiary of his estate. The language of T’s will strongly indicates no intention to give anything to T’s x-spouse, and although x-spouse is not technically a direct beneficiary that is the reality of the situation.

Question:

I can’t seem to find any authority in any state directly on point. If anyone has come across a similar situation or could point me in a direction, I would greatly appreciate it.

Regards,

Matthew R. Johnson| Attorney at Law
Gravis Law, PLLC
P.O. Box 182 | 350 E. Main St.
Dayton, WA 99328
509-382-2030 (office)
509-952-2947 (cell)
Website <https://www.gravislaw.com/> - LinkedIn<https://www.linkedin.com/pub/matthew-r-johnson/2b/997/87a>

NOTICE:  This email (including any attachments) is covered by the Electronic Communications Privacy Act (EPCA), 18 U.S.C., Sec. 2510 - 2522, is confidential and privileged.  This email is solely for the personal and confidential use of the recipient(s) named above.  Receipt by anyone other than the individual recipient(s) is NOT a waiver of attorney-client privilege.  Any violation of the ECPA is subject to the penalties stated therein. If you have received this message in error, please notify me immediately by reply e-mail to matt at gravislaw.com<mailto:matt at gravislaw.com> and immediately delete the original message.






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