[WSBAPT] Non-probate asset dispute

[Chris Moore]

Wouldn’t the decedent be able to direct his or her community property
interest in the IRA to whomever?  Therefore, I would think that either the
waiver or the court order would only apply to the surviving spouse’s
one-half community interest.  I don’t see where the surviving spouse could
claim 100%.



Sincerely,

*Chris J. Moore*
Christopher J. Moore, JD, CPA - Inactive, AEP®, EPLS*
Creason, Moore, Dokken & Geidl, PLLC
Lawyers
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*From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *julie at juliefowlerlaw.com
*Sent:* Thursday, December 13, 2018 11:21 AM
*To:* wsbapt at lists.wsbarppt.com
*Subject:* Re: [WSBAPT] Non-probate asset dispute



Client’s deceased spouse had an IRA acquired during marriage. Spouse
changed the beneficiary without notifying the beneficiary spouse, and no
community property interest waiver was signed. IRA Company wants a court
order giving approval to pay to the surviving spouse in lieu of the named
beneficiary.



Wouldn’t this simply be a waiver by the named beneficiary rather than a
court order? The account is community property and all other assets payable
to surviving spouse by will.



Julie K. Fowler



Law Office of Julie K. Fowler, P.S.

14205 SE 36th Street, Ste 100

Bellevue, WA 98006

(425) 990-9975 (o)  ~  425-451-2687 (f)

julie at juliefowlerlaw.com

www.juliefowlerlaw.com



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