[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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