[WSBAPT] Question regarding intestate distribution

Jennifer L White jen at appletreelaw.com
Tue Oct 13 15:47:12 PDT 2020


Can you elaborate further on 1. The origins of the policy (i.e. whether it was purchased during the marriage?); 2. Whether her and the husband were still “together” at the time of her death?;  3. How the premiums were paid (i.e. from separate or community funds?); 4. If they were not “together” is it a term policy or cash value?;  and 5. If separated and a term policy, from what source (CP or SP) made that last payment?

Jennifer L. White, Esq.
[cid:image001.jpg at 01D6A178.1D309940]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

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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