ESTRADA v. McNULTY

No. 43458-6-I.

988 P.2d 492 (1999)

Linda ESTRADA, friend of John E. McNulty, Deceased, Appellant, v. Kathy A. McNulty, Ex-Wife of John E. McNulty, Deceased; and Jason, Joshua and Justin McNulty, Surviving Children of John E. McNulty, Deceased, Respondents.

Court of Appeals of Washington, Division 1.

As Corrected January 12, 2000.


Attorney(s) appearing for the Case

D. Mark Eide, Federal Way, Gregory Mann Miller, Seattle, for Appellants.

Evelyn Fielding Lopez, Olympia, Zera Holland Lowe, Asst. Attorney General, Newport, Charles D. Brown, Brown, Crosta & Brown, Seattle, for Respondents.


COLEMAN, J.

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...

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