[WSBAPT] Question regarding intestate distribution
Eric Nelsen
Eric at sayrelawoffices.com
Tue Oct 13 15:58:10 PDT 2020
Life insurance can be tricky to characterize. The rules are described in the WSBA Community Property Deskbook (4th ed. 2014); see Chapter 3.2(4). I highly recommend it. Ownership of the life insurance policy, versus characterization of proceeds, can be an issue. Also federal law can preempt state law if the policy was an employment benefit or was a military service benefit. If you don't want to buy the deskbook you can get online access it to it fairly cheaply via Casemaker Libra: https://washington.casemakerlibra.com/home/index.aspx?st=WA
Sincerely,
Eric
Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>
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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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