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MATTER OF ESTATE OF EGELHOFF

Nos. 22293-1-II, 22562-0-II.

968 P.2d 924 (1998)

93 Wash.App. 314

In the Matter of the ESTATE OF David A. EGELHOFF, Deceased. Samantha EGELHOFF, a minor By and Through her natural parent Kate BREINER; and David Egelhoff, a single person, Appellants, v. Donna Rae EGELHOFF and "John Doe" Egelhoff, wife and husband, Respondents.

Court of Appeals of Washington, Division 2.

December 23, 1998.

Attorney(s) appearing for the Case

Michael W. Jordan, Jordan, Imler & McGovern, Tacoma, for Appellants.

Ryan D. Rein, Seattle, Henry Haas, McGavick, Graves, Beale & McNerthney, Tacoma, for Respondents.

HUNT, J.

Decedent David Egelhoff's children from his first marriage appeal the grant of summary judgment to his second wife, Donna Egelhoff.1 The trial court awarded to Donna, the named beneficiary, the proceeds of David's employer-provided life insurance and his pension plan benefits, even though she and David had dissolved their marriage more than two months before his death. The trial court reasoned that ERISA2

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