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Who is the benafisery of my daughter she was married but…

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Who is the benafisery of...
Who is the benafisery of my daughter she was married but separated from her husband for 4 years so would her mother be Washington state
Submitted: 2 years ago.Category: Estate Law
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Answered in 8 minutes by:
2/18/2016
Estate Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 103,583
Experience: Fully licensed attorney in Texas in private practice.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about your loss. If you mean beneficiary in a probate action, then assuming she did not have a will, it would depend on what family she left:

  • parents but no children, spouse, or siblings - parents inherit everything
  • a spouse and parents - spouse inherits all of her community property and 3/4 of her separate property, parents inherit 1/4 of her separate property.

A surviving spouse is not eligible for the above and parents would then inherit all if the couple has executed a formal separation agreement dividing all their property and waiving all claims to the other's property. Estate of Lindsay, 91 Wn. App. 944 (1998). However if the separation was informal, then it did not count.

However, note that life insurance, IRAs, and 401k are outside probate and go to the beneficiary designated by the plan.

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Estate Lawyer: Ely, Counselor at Law replied 2 years ago
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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