[WSBAPT] Small Estate w/ Minor and 401(k)

[msafren at jennylinglaw.com]

Hello Colleagues,

 

I was recently approached by a potential client whose spouse has recently
passed away.  The two were separated but not legally divorced and have a
minor child together.  The decedent had about $100,000 in assets consisting
of bank accounts and 401(K), and a vehicle.  There was no beneficiary
designation on any of the accounts and no real property was owned. 

 

Given the relatively small size of the estate and the fact that the estate
property is presumed to be community property, I was thinking to advise them
to use the Small Estates process, however I had two concerns 1) attempting
to access the funds in a 401(K) without letters testamentary even though the
RCW 11.62.010 allows such property to be claimed and 2) to the extent that
any property is not community property, the minor child's ability to receive
the notice and/or agree to allow the "successor" surviving spouse to claim
on their behalf.

 

If anyone has guided or helped a client through such a process, I'd be
certainly grateful for your insights and thoughts. 

 

Thank you in advance. 

 

 

Warmest regards,

Michael S. Safren, Esq. 
Attorney at Law 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 
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