[WSBAPT] Last Minute Will

[Brent Williams-Ruth]

Splitting hairs now:

Is a 401(k) an Individual Retirement Account (as the definition in RCW
11.11.010(7)(v) - https://app.leg.wa.gov/RCW/default.aspx?cite=11.11.010)

I would argue that no, a 401(k) is NOT an individual retirement account, it
is an employer retirement account. But never having to litigate this issue
-want to know if the Will provision changing that beneficiary to the Estate
would be acceptable to the plan administrator?

*NOTE* the person who is named beneficiary is the one wanting to change to
the Estate.  She wants to follow her mom's wishes to use these funds to pay
estate debts but would rather the funds never become hers, but rather paid
to the estate and then have the estate distribute any remainder of payment
of expenses.  So there would be no objection by the currently named
beneficiary of the Will states that this account be paid to the Estate to
satisfy any valid debts at the date of death.

*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 <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /


On Tue, Feb 2, 2021 at 5:01 PM James W. Spencer <
jamess at brothershenderson.com> wrote:

> Hi Brent:
>
>
>
> Yes, see https://app.leg.wa.gov/RCW/default.aspx?cite=11.11.020. This
> comes, of course, with all of the usual death bed will warnings.
>
>
>
> Best wishes,
>
> James
>
>
>
> James W. Spencer
>
> Attorney at Law
>
> *In an effort to help combat the spread of COVID-19, I am presently
> working remotely. Our office is running on reduced staff and we are taking
> in-person meetings only in limited circumstances. During this time, please
> expect some delays in response time. Thank you for your patience.*
>
> Brothers & Henderson, P.S.
>
> 2722 Eastlake Avenue East, Suite 200
>
> Seattle, Washington 98102
>
> Phone: (206) 324-4300 x106
>
> Fax: (206) 324-3106
>
> e-mail:  jamess at brothershenderson.com
>
> www.brothershenderson.com
>
> pronouns: he/him
>
>
>
> The information transmitted in this e-mail message and attachments is
> attorney-client information, is privileged or confidential material and is
> intended only for the use of the individual or entity named above. You are
> hereby notified that any disclosure, copying, distribution, review by or
> taking of any action in reliance on the contents of this e-mail information
> by unauthorized persons is strictly prohibited. All personal messages are
> solely the views of the sender and are not to be attributed to Brothers &
> Henderson, P.S. If you have received this transmission in error,
> immediately notify the sender by reply e-mail and permanently delete this
> transmission and all copies including attachments.
>
>
>
> *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 <Brent at Williams-RuthLaw.com> / website
> <http://www.williams-ruthlaw.com/> / facebook
> <http://www.facebook.com/bwrlaw> /
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210202/5704945c/attachment.html>