[WSBAPT] 401K to IRA - CP Question

[Mark Higgins]

Jacob--Take a look at RCW 6.15.020(6) .  See also Estate of Mundell, Idaho,
857 P. 2d 631 (1993).  Both seem to support your conclusion as to a
surviving spouse's interest in a cp IRA in husband's name.

Mark

On Fri, Oct 16, 2015 at 8:08 AM, Jacob Menashe <jacob at hickmanmenashe.com>
wrote:

> This would mean, then, that if a 401K that had received only “community
> property” is rolled over to an IRA, that the IRA would be community
> property – i.e., the wife would have a claim on half of it at husband’s
> death? Anybody disagree?
>
>
>
> Thanks,
>
>
>
> Jacob Menashe
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Tom Stuen
> *Sent:* Thursday, October 15, 2015 11:03 AM
> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] 401K to IRA - CP Question
>
>
>
> Jacob:  The character of a 401(k) account depends upon whether the issue
> is a federal ERISA ownership issue or a Washington community property
> issue.  In a divorce, the 401(k) benefit earned during the marriage is
> considered community and frequently divided by QDRO.  ERISA considers the
> account owned only by the employee, and therefore prohibits division on the
> death of the non-employee.
>
> Tom Stuen
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [
> mailto:wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com>] *On Behalf Of *Jacob Menashe
> *Sent:* Thursday, October 15, 2015 9:49 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] 401K to IRA - CP Question
>
>
>
> A community property question:  Assume Husband and Wife in a long-time
> marriage have always lived and worked in Washington. Husband rolls over his
> 401K, which would not be considered community property, into an IRA which,
> in some cases, can be. Do we have a CP IRA now? (I know they could make CP
> if they want, but I’m wondering what’s the answer if there’s just the
> rollover.) I apologize if I’m missing something here I should know.
>
>
>
> Thank you,
>
>
>
> Jacob
>
>
>
> _______________________________
>
> Jacob H. Menashe
>
> Hickman Menashe, PS
>
> 4211 Alderwood Mall Blvd., Suite 202
>
> Lynnwood, WA 98036
>
> (425) 744-5658 phone
>
> (425) 744-6078 fax
>
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>
> www.hickmanmenashe.com
>
>
>
>
>
>
>
>
>
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-- 
Mark T. Higgins
Mark T. Higgins, P.C.
P.O. Box 57
Darrington, WA 98241
206-491-2420
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