[WSBAPT] 11.07.010 - Questions

[Brent Williams-Ruth]

Greetings All -

I am reading through 11.07.010 and I am slightly confused.

At first the statute reads:
If a marriage or state registered domestic partnership is dissolved or
invalidated, or a state registered domestic partnership terminated, a
provision made prior to that event that relates to the payment or transfer
at death of the decedent's interest in a nonprobate asset in favor of or
granting an interest or power to the decedent's former spouse or state
registered domestic partner, is revoked....

But then the very next lines state that (b) This subsection does not apply
if and to the extent that:
(i) The instrument governing disposition of the nonprobate asset expressly
provides otherwise.

So here is where I am stuck.

Let's say I start a job and have a retirement account and I name my spouse
as the beneficiary through the completed beneficiary designation.  A couple
years go by, I get divorced but I totally forget about my retirement
because I'm a good saver and don't even think about the parts of my salary
that don't hit my bank account.  Years go by and I suddenly pass away. My
Ex is still on the beneficiary designation. I never updated it. I never
re-affirmed that I wanted him to get those funds even though we were
divorced. There is no requirement in the decree that he stay as the
beneficiary.

So would this situation where this is a provision made prior to divorce
that transfered my interest on death OR is the beneficiary designation an
"instrument governing the disposition" that left my account to my ex?

Thank you!
Brent

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

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

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

*Mailing Address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com

e-mail <Brent at Williams-RuthLaw.com> / website
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