[Download] "Washington State Department Of Retirement Systems V. Estrada" by Washington Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Washington State Department Of Retirement Systems V. Estrada
- Author : Washington Court of Appeals
- Release Date : January 22, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
John McNulty designated Linda Estrada, his girlfriend, as his retirement plan beneficiary. The law in effect at the time of his designation required designees to have an insurable interest, which generally means a blood or marital relationship. The insurable interest requirement was stricken from the statute before John died. Estrada maintains that she is the proper designee because the date of death controls the validity of the designation. The respondents are John's three sons who claim that the designation was invalid and that they, as John's legal representatives, possess the rights to the retirement funds. The trial court applied the law that was in effect at the time of John's designation, held that Estrada did not have an insurable interest in John's life, and dismissed her claims on summary judgment in favor of the McNultys. We hold that the designation was valid as a matter of law. The designation was a quasi-testamentary instrument; therefore, the controlling law is determined at the date of death.
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