[WSBAPT] pension fund

[Andrekita Silva]

  Michael, if the retirement account is a qualified plan – like a  
401(k), then it is governed by ERISA.

The last time I looked at the issue, ERISA required the plan  
administrator to follow the designation made by the account holder.  
You say that deceased  designated the trust as beneficiary, so under  
federal law, it must be paid to the trust.

A couple cases you can look at are Egelhoff, 121 S. Ct. 1322 (2000),  
and also Lundy, 187 Wn. App 948 (2015).   In Lundy, the surviving  
partner sued the beneficiary after the funds were distributed by the  
plan administrator. But, the Lundy court said “no can do”. So, if  
there is another beneficiary other than the surviving spouse, you  
would want to look at Lundy and other similar cases.
 
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com

Quoting Mike Winslow <mike at winslegal.com>:

> Testator dies leaving his IRA to a trust created under his LWT.
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>    Testator was married at time of death, but only for couple years.  
> However, Testator lived with spouse for 10 years before the  
> marriage. Facts for claim of Committed Intimate Relationship are  
> that both worked during marriage, although decedent was the high  
> income earner. Shared a residence together, with mortgage payments  
> made by Testator from his income. Unclear if couple shared other  
> expenses. But assume that there is some basis for claim of CIR and  
> thus a quasi-Community Property claim for period of living together  
> and CP during marriage.
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>    How does federal law regarding IRAs affect claim of surviving  
> spouse to Quasi Community Property?
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>    Spouse wants half of pension (both contributions and growth from  
> contributions) for period of CIR.
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>    Michael A. Winslow
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>    1204 Cleveland Ave.
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>    Mount Vernon, WA 98273
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>    Ph. 360-336-3321
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>    Em. Mike at winslegal.com
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>    This message is from an attorney, so it’s confidential. If you  
> are not the intended recipient, it’s too late to stop reading this  
> message, but you may not use it for any improper purpose. Huge  
> Disclaimer available upon request.
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  andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
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