[WSBAPT] Second Attempt

[Sara D. Longley]

Trick question, and tricky law.  Refer to 11.07.010(5)(a)(i) for the language removing ERISA-governed retirement accounts and life insurance policies from the definition of “nonprobate asset” as used in this statute.

Best,
Sara




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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Monday, January 19, 2026 3:52 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Second Attempt

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)
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