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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102192
Experience:  Fully licensed attorney in Texas in private practice.
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Who is the benafisery of my daughter she was married but

Customer Question

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: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.

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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Expert:  Ely replied 1 year 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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