[WSBAPT] CA life insurance & 401k

[Eric Nelsen]

Depends on whether the life insurance and/or 401k were employment-based benefits. If they were, then ERISA controls (federal law, trumps any contrary state law) and the ex-wife gets everything. If they were purchased/funded independent of employment, then ERISA does not control and CA law might.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mary Stone
Sent: Tuesday, January 17, 2017 10:30 AM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] CA life insurance & 401k

I have a friend whose 48 Y/O brother died unexpectedly on Christmas Eve, a resident of California. He was divorced with two children - one adult and one minor.  The friend says that her brother has life insurance and a 401k and it still names the ex-wife as the beneficiary.  Does that designation lapse after the divorce under CA or federal law?

Thank you.

Mary Stone
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170117/76a88a31/attachment.html>