[WSBAPT] new TEDRA case: Estate of Bernard

[Sam Furgason]

Thanks, Karen. I read the opinion. I did not, and still do not, understand
why the TEDRA agreement made court order had anything to do with these
particular parties. Absent a showing of being intended beneficiaries of
the TEDRA provisions, none of them had any basis for claiming to be
entitled to enforce the provisions of the agreement/order. In my opinion,
the warring parties had no standing to litigate the TEDRA agreement issue.
It was an agreement/order between Tom and James only, and without it Tom
could have made the same modifications to his will and trust as he made
with James’s consent. I don’t see how the other parties could base any
claims on violation of that order, as they were not parties to it. As the
court pointed out, competence and undue influence, potential bases for
setting aside the will, trust, codicil or amendment, were not before it.
Acting as the trial judge, or as an appellate judge, I would have
dismissed the TEDRA agreement based claims for lack of standing, in about
two paragraphs. This is a precedent for permitting unaffected parties to
enforce a private TEDRA agreement once it becomes an order which I would
prefer had not been propounded. 

S 

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Karen E. Boxx
Sent: Monday, May 26, 2014 12:32 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] new TEDRA case: Estate of Bernard

 

http://www.courts.wa.gov/opinions/pdf/696084.pdf 

 

in case you missed it….

 

Professor Karen E. Boxx

University of Washington School of Law

Box 353020

Seattle, WA 98195-3020

206.616.3856

 

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