[WSBAPT] Question regarding intestate distribution

[Diane J. Kiepe]

Hi Dewey,

I can tell you that you will need more information.  You need to look at they type of policy (term or whole) , the acquisition date (pre or post marriage) and then the source of funds if any that paid for the premium.  The classification is based on these factors not where paid.  I’m not remembering the rules right now but I believe for term you only look at the last payment as for whole life you look at all the payments.

Disclaimer:  all off the cuff and it’s been awhile since I’ve had to source insurance so you may want to follow-up with the community property desk book 😉

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dewey Weddle
Sent: Tuesday, October 13, 2020 3:25 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Question regarding intestate distribution

Esteemed colleagues,

Facts:  Mother dies intestate.  She is married at the time of her death and she leaves behind two minor children.  She left a life insurance policy that named her estate as the beneficiary.  The rules of intestate succession indicate that spouse is entitled to receive all the community property and one-half of her separate property and the children are to receive the other half of her separate property RCW 11.04.015 (1)(a)(b).  Question:  Because the life insurance policy named the estate as the beneficiary, how does one characterize the proceeds?  Separate or community?  I am hoping that some of you have encountered this problem and can point me in the right direction.


Best regards,



Dewey W. Weddle​​



Law Office of Dewey W. Weddle, PLLC

909 7th Street

Anacortes, WA 98221



Telephone: 360-293-3600

Fax 360-293-3700




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