[WSBAPT] Last Minute Will

Tue Feb 2 16:54:45 PST 2021

Hi Brent: Here’s some language:

I give all of my interest in the financial account at NAME OF BANK with account number ending in X-XXXX, in equal shares to XXXX and XXX, notwithstanding any prior beneficiary designations, survivorship rights, or payable on death designations to the contrary

RCW 11.11.020

Disposition of nonprobate assets under will.

(1) Subject to community property rights, upon the death of an owner the owner's interest in any nonprobate asset specifically referred to in the owner's will belongs to the testamentary beneficiary named to receive the nonprobate asset, notwithstanding the rights of any beneficiary designated before the date of the will.

(2) A general residuary gift in an owner's will, or a will making general disposition of all of the owner's property, does not entitle the devisees or legatees to receive nonprobate assets of the owner.

(3) A disposition in a will of the owner's interest in "all nonprobate assets" or of all of a category of nonprobate asset under RCW 11.11.010(7), such as "all of my payable on death bank accounts" or similar language, is deemed to be a disposition of all the nonprobate assets the beneficiaries of which are designated before the date of the will.

(4) If the owner designates a beneficiary for a nonprobate asset after the date of the will, the specific provisions in the will that attempt to control the disposition of that asset do not govern the disposition of that nonprobate asset, even if the subsequent beneficiary designation is later revoked. If the owner revokes the later beneficiary designation, and there is no other provision controlling the disposition of the asset, the asset shall be treated as any other general asset of the owner's estate, subject to disposition under the other applicable provisions of the will. A beneficiary designation with respect to an asset that renews without the signature of the owner is deemed to have been made on the date on which the account was first opened.

[ 2006 c 203 § 1; 1998 c 292 § 105.]

--Margaret

--

Law Office of Margaret Delp

Mailing Address: PO Box 292, Langley, WA 98260

Physical location: 2815 Howard Rd., Langley, WA, Second Floor

Phone: 360-579-4530

Fax: 360-512-3114

www.delp-law.com

From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Roger Hawkes <Roger at law-hawks.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Tuesday, February 2, 2021 at 4:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Last Minute Will

Id the specific account and say who gets it.

Roger Hawkes, WSBA # 5173

Hawkes Law Firm and Sultan Lawyers

19944 Ballinger Way NE, Shoreline, WA 98155 and

423 Main, Sultan, WA 98294

206 367 5000

360 799 6438

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Tuesday, February 2, 2021 4:38 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Last Minute Will

Greetings List - 

Is there ANY language that you can think of where a Will can overturn a beneficiary designation? I have a PC who is about to pass (literally, minutes matter) and realized that her wishes regarding distribution are not in line with what she wanted. Example - she has a 401(k) where she named one child as sole beneficiary, but she wants those funds to be used to satisfy some of the estate's debts. Things of that nature. 

Hoping that someone may have a solution

Brent Williams-Ruth (preferred pronoun: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

New Address & Phones Effective December 1, 2020: 500 S 336th Street, Suite 214; Federal Way, WA 98003

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail / website / facebook / 

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