This is a composite account of many cases we have worked on over the years. The names and events have been changed to avoid disclosing confidential client information.
We know there are at least 50 ways to leave your lover, but we also should remember that “breaking up is hard to do.” Relationships do not always work out. Washington law presumes that you do not want your ex-spouse to benefit from your estate, serve as your executor, trustee or agent. The problem is that presumptions can be rebutted and the mere passage of time without changing your Will or other documents might be argued as intent to not have the presumption apply. Washington law does not affect certain employee benefits governed by federal law, so you cannot be sure if the beneficiary designations are changed.
Washington law also has no affect on any provisions you may have made for someone to whom you were not married. Perhaps you designated your partner or significant other as the beneficiary of your employer-provided life insurance or your retirement account. Finally, do not assume your divorce decree covers everything; we have had more than one case where an ex-spouse received a client’s retirement account to the detriment of the rightful heirs because the client never changed the beneficiary designation.
As soon as Lee drops off the key or Gus hops on the bus, remove your ex’s name from all bank and brokerage accounts, credit cards and other forms of joint credit that you may have. Check your Will or Trust, and Durable Power of Attorney to make sure those documents coincide with your current wishes. Often, people do not want their ex to be a beneficiary or fiduciary under their estate planning documents, if that is the case, you need to revise your documents. More important, if you do want your ex to be a beneficiary or serve as a fiduciary for you, you need to revise your documents to rebut the contrary presumption under Washington law. Check all your beneficiary designations ”“ life insurance, including employer provided life insurance, retirement accounts, pensions, etc. Finally, check the deeds to your home and other real estate to make sure they are consistent with your new life.
While it is fine to tell Stan you’ve made new plans, follow the above recommendations and don’t make breaking up any harder to do than necessary.
