Christopher S. Mulvaney,

Attorney and Counselor-at-Law

---

THIS WEBSITE INCLUDES GENERAL INFORMATION & THE OPINIONS OF CHRISTOPHER S. MULVANEY. IT IS INTENDED TO STIMULATE A BASIS FOR QUESTIONS RELATED TO YOUR PARTICULAR FACTUAL CIRCUMSTANCES — BEFORE YOU ACT.  THIS WEBSITE DOES NOT CONSTITUTE LEGAL ADVICE. IF YOU WANT LEGAL ADVICE, PLEASE MAKE A ZOOM APPOINTMENT TO SPEAK WITH ME.

CONTACT CHRISTOPHER S. MULVANEY FORM

DISCLAIMER:

The use of email or this form for communication with MULVANEY LAW OFFICE, PLLC does not establish an Attorney-Client Relationship. If you don’t think I have responded, please check your spam folder. Time-sensitive information should not be sent through this Form or through email. Sensitive information can be uploaded to an encrypted Dropbox folder in your client file. Google Review Link Yelp Review Link

---

Gonzaga University School of Law – Spokane, Washington – Class of 2002 – Cum Laude The Latin phrase “Deo patriae, scientiis, artibus” translates to “For God and country through sciences and arts”.  The initials A.M.D.G. on the seal of Gonzaga Law School stand for Ad Majorem Dei Gloriam, which is Latin for “For the Greater Glory of God” the Motto of the Society of Jesus (Jesuits): a Catholic religious order founded by St. Ignatius of Loyola.

_________________________

YOU MUST NAME YOUR SPOUSE AS 100% PRIMARY BENEFICIARY UNLESS YOUR SPOUSE SIGNS A CONSENT FORM. This is because Community Property Statutes in Washington protect the surviving spouse from disinheritance and Federal Laws protect the surviving spouse as well. It is against public policy to allow disinheritance of your spouse. It is important to name your spouse as the primary beneficiary of your 401(k) in Washington State in 2025 due to a combination of federal and state laws: 

Federal Law (ERISA):

• The Employee Retirement Income Security Act (ERISA) is a federal law that governs most pensions and retirement accounts, including 401(k)s.
•  
• ERISA generally mandates that your spouse is automatically considered the primary beneficiary of your 401(k) if you’re married.
•  
• To designate someone other than your spouse as the primary beneficiary, your spouse must provide written consent, often requiring a notarized signature. This rule is in place to protect spouses and ensure they have access to retirement funds upon the account holder’s death. 

 

 

 

Washington State Community Property Law:

• Washington is a community property state. This means that most assets acquired during the marriage are considered jointly owned by both spouses.
•  
• Even though ERISA gives your spouse automatic beneficiary rights, Washington’s community property laws further solidify their claim to a share of the 401(k) assets accumulated during the marriage. 

Benefits of Naming Your Spouse as Primary Beneficiary:

• Ensures smooth transfer: If you name your spouse as the primary beneficiary, the 401(k) funds will generally transfer directly to them upon your death without going through probate.
•  
• Avoids probate: Probate is a legal process for distributing a deceased person’s assets that can be time-consuming and costly. Naming your spouse as a beneficiary helps bypass this process, saving them time and money.
•  
• Provides financial security for your spouse: Your spouse will have direct access to the funds to help cover expenses and support themselves after your death. 

Important Considerations:

• Spousal Waiver: If you wish to name someone other than your spouse as the primary beneficiary, you will generally need your spouse’s written consent through a spousal waiver.

• Review and Update: It’s essential to regularly review and update your beneficiary designations, especially after major life events such as marriage, divorce, or the birth of a child, to ensure they reflect your current wishes.
•  
• Estate Planning: Consult with Christopher S. Mulvaney and your financial advisor to ensure your 401(k) beneficiary designations align with your overall estate plan. 

In summary, naming your spouse as the primary beneficiary of your 401(k) in Washington State in 2025 is important because federal law provides them with automatic beneficiary rights, and it helps ensure a smooth, efficient transfer of funds to your loved one while potentially avoiding the complexities of probate. 

____________________________________________________________________________________

---

Washington State residents can meet with me in Zoom/DocuSign from anywhere in the world, and I can notarize their electronic signatures because I am a remote online notary.  Just email me an image of your photo ID.