In Re the Estate of Fred N. Kirkes

Summary

The court held that a spouse may designate a non-spouse beneficiary to receive more than half of a community-owned retirement account, provided the surviving spouse receives at least half of the community's overall value and no unusual circumstances make the disposition fraudulent or unjust. Applying the aggregate theory of community-property division, the court concluded that the beneficiary designation was effective because the surviving spouse did not allege that she would receive less than her full community share. The court affirmed the court of appeals and reversed the superior court.