[WSBAPT] Second Attempt

[Andrekita Silva]

Law Office of F. Andrekita Silva
______________________________________________________________________________________________________________________________  

January 19, 2026

Usually when someone divorces or terminates a DP, they divide all assets. So, presumably, the divorce decree assigned that asset to someone. I assume that if deceased spouse was awarded his/her own asset, then even if he forgot to change the beneficiary, an heir could contest.

I know that it is difficult to invade a community property interest. It is also possible that the court might balance equities or competing public policies if there was a challenge to the designation. So, if the deceased had a subsquent spouse who was awarded an interest in the divorce, or the retirement policy was security for maintenance or child support, those obligations would probably be satisfied first.

I recently handled a probate where the deceased died with a couple insurance policies. He was married multiple times (six actually) and in his Will, which he executed after the 4th wife, he left everything to his first wife with whom he had his only 2 children (he name his daughter as PR.) He was unmarried when he died. The insurance companies paid everything to his first wife (ex-wife). As far as we know, the insurance company never looked to see who else may or may not have acquired an interest along the way. We never even knew WHEN deceased acquired the policies. They were paid really fast.

Andrekita Silva
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
ak at seattle-silvalaw.com

On 2026/01/19 15:52, Brent Williams-Ruth wrote: 

> Greetings Everyone - 
> 
> I had sent this originally right before Christmas and didn't get a
> single response, so I am going to try again....
> 
> 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_
> 
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