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MEARNS v. SCHARBACH

No. 18742-0-III.

12 P.3d 1048 (2000)

103 Wash.App. 498

Joel C. MEARNS and Nanette Mearns, Respondents, v. Christine SCHARBACH, formerly known as Christine Mearns, Appellant, and Guardian Life Insurance Company, Defendant.

Court of Appeals of Washington, Division 3, Panel Seven.

November 21, 2000.

Attorney(s) appearing for the Case

Robert E. Lawrence-Berrey, Jr., Finney, Falk & Lawrence-Berrey, Yakima, for Appellant.

Linda A. Sellers, Halverson & Applegate, Yakima, for Respondents.

KURTZ, C.J.

RCW 11.07.010 governs nonprobate assets upon dissolution or invalidation of marriage and revokes beneficiary designations naming the former spouse. This statute operates under the legal fiction that the former spouse, having died at the entry of the decree, does not survive the decedent. In re Estate of Egelhoff, 139 Wn.2d 557, 575, 989 P.2d 80

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