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

[Roger Hawkes]

I actually saw and dealt with, years ago, a deposit contract that left the balance to 'next of kin' if no named beneficiary survived.

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 Diane J. Kiepe
Sent: Wednesday, May 5, 2021 10:10 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Small Estate w/ Minor and 401(k)

As to the 401(k) plan, even without a beneficiary designation there should be a contract default (which I have always seen as spouse but may say estate so you'd want to check that out before making any other choices).

As to the other assets, if they were acquired during marriage by a way other than inheritance or gift, I would personally feel safe with the presumption of the items being community property.  That issue will exist whether you probate or not so either way, you should ask a few more questions about the source of the property and go from there.

Best of luck,

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
Sent: Tuesday, May 4, 2021 5:26 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Small Estate w/ Minor and 401(k)

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: msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
www.jennylinglaw.com<http://www.jennylinglaw.com/> | facebook.com/jennylinglaw/<http://www.facebook.com/jennylinglaw/>


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