[WSBAPT] Slayer statute and IRA beneficiary designations and/or ERISA pension

[Eric Nelsen]

What's the mechanism to enforce the slayer statute against an IRA beneficiary? I assume the IRA custodian isn't going to hold the funds until the issue is wound out in court. Do I have to let the distribution happen and then sue the slayer?

Same problem with pension rights, 401(k), and the like that are subject to ERISA. The custodian of an ERISA-governed account follows their plan documents and ignores state law. Is the only remedy a lawsuit against the slayer to try to claw back the benefits they receive?

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>

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