[WSBAPT] Question regarding intestate distribution

[Diane J. Kiepe]

Good catch Eric,

I think the rules I stated are for the policy itself.

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 Eric Nelsen
Sent: Tuesday, October 13, 2020 3:58 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Question regarding intestate distribution

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>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone; please call the Seattle office. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis; please call the Seattle office.

MAIL AND DELIVERIES can be received at the Seattle office. For any other needed arrangements, please call the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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




-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20201013/548fd0b8/attachment.html>