[WSBARP] Surviving Spouse Requesting Health Plan Refund

[Andrew Hay]

Hello Mario

If there is a CPA that is good.  Normal steps are to record the CPA.  Then send the recorded CPA with an explanation – and reference RCW 26.16.120 and RCW 11.02.091.  The CPA is an instrument of transfer.

In more difficult situations I will do an affidavit under RCW 30A.22.190(1) which may apply in your situation.

If there is no CPA, also a small estate affidavit signed by the survivor may also do the job, using RCW 30A.22.190(3) or follow RCW 30A.22.190(2)

Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma, WA 98418
www.washingtonlaw.net<http://www.washingtonlaw.net>
andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
He/him/his
253.272.2400 (w)
253.377.3085 (c)



From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mario Ledesma, Attorney
Sent: Monday, January 30, 2023 6:40 PM
To: WSBARP at lists.wsbarppt.com
Subject: [WSBARP] Surviving Spouse Requesting Health Plan Refund

Dear Listmates,

Wife just died, surviving spouse requested refund from his wife's health care plan he prepaid for a year.  Health care company tells him he must show proof that he is the executor of his wife's estate before they will refund him. He says he has his wife's original Will appointing him Personal Representative and her death certificate. I don't know if they have a community property agreement or if its recorded.  I can't believe he needs to file a petition to probate his wife's Will just to get a refund of his prepaid health insurance policy.
If you have any questions please do not hesitate to contact me.

Regards,
Mario Ledesma

LEDESMA LAW OFFICES PLLC
Licensed in Washington and Oregon
P. O. Box 1305
Richland, Washington 99352
Tel: 509.946.1248
Ledesmalawoffice at aol.com<mailto:Ledesmalawoffice at aol.com>

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