[WSBAPT] Clerk's Action Filed TEDRA Agreement

Fri Dec 18 11:05:17 PST 2015

Just my 2 cents – a couple of years ago I filed a TEDRA Memo (Memorandum of
Non-Judicial Binding Agreement of Trustee and Trust Beneficiaries) in a
Trust matter in Snohomish Court.  As you know it’s not necessary to file the
entire Agreement – you can do a brief Memo of the Agreement to file with the
court (maintains privacy of Agreement details).

In the actual Agreement (15 pgs), I had language in the Introduction that
addresses the issue of the effect of the Agreement being filed with the
court:

INTRODUCTION

This Non-Judicial Binding Agreement of Trustee and Trust Beneficiaries
(“Agreement”) is dated this _______ day of __________________ , 2013,
pursuant to the Trust and Estate Dispute Resolution Act, RCW 11.96A, and
represents the written agreement, signed by all of the necessary and
interested parties, in regard to the Trust matters set forth below.  This
Agreement is binding and conclusive as to all the parties upon execution.
RCW 96A.220.  Upon execution of the Agreement by all the parties, a
Memorandum of Non-Judicial Binding Agreement of Trustee and Trust
Beneficiaries (“Memorandum”), incorporating this Agreement by reference,
shall be filed in the Superior Court for Snohomish County, giving the
Agreement the full force and effect of an order of the Court, binding on all
the parties.  RCW 11.96A.230(1),(2).

Then I went on to include sections mentioned in 11.96A.220 (Jurisdiction &
Venue, Governing Law, Identification of the Parties, Virtual Representation,
Waiver of Notice of Fiing), then a section on Facts, Subject Matter of the
Agreements of the Parties, which also included subsections on Mutual
Releases, Integration & Severability, Separate Counsel, and the Binding
Nature of the Agreement (remember this was a Trust, and we wanted all the
“I”s dotted and “t”s crossed.    Everybody got their own copy of the
Agreement / Trustee held original.

In the brief Memo of Agreement (3pgs), which was filed with the court, I
also had an Intro:

INTRODUCTION

This Memorandum of Non-Judicial Binding Agreement of Trustee and Trust
Beneficiaries hereby incorporates by reference that Non-Judicial Binding
Agreement of Trustee and Beneficiaries (“Agreement”) executed on
_______________, 2013, by the Parties enumerated below.  Filing of this
Memorandum with the Court gives the Agreement the full force and effect of
an Order of the Court, binding and conclusive on all persons interested in
the Trust.  RCW 11.96A.230(1),(2).

Then I followed with very brief summaries of Jurisdiction / Governing Law /
Parties (name and status as Beneficiary only) and a ½ page, very general
summary of the Agreements.  I signed it as Atty for Trustee and filed it.  I
spoke with the Clerk – and they were good with it – they were familiar with
Memos of TEDRA Agreements.

I’m thinking putting in the language from the statute might make Clerk’s
offices comfortable.  Also a heads up to anybody reading either doc that it
has the full force and effect of Court Order by statute.(?)

Wil

Wilhelmina C. Harlock, Attorney

Estate Planning, Wills & Probate

GAL 26 & 11 / Certified Mediator

PO Box 279

720 Main St, Suite 227

Mount Vernon, WA 98273

Tel: 360-593-5594   Fax: 360-404-7110

Email:  <mailto:wilharlock at gmail.com> wilharlock at gmail.com

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Friday, December 18, 2015 9:25 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Clerk's Action Filed TEDRA Agreement

The statute says it's effective as an Order, but it's not signed by a judge
and doesn't look like an Order. The Clerks do a lot but I am not sure just
how far the scope of the TEDRA "agreement filed is like an order" goes.
Could I issue a warrant for somebody's arrest? Direct a bank to unblock
funds (would a bank comply without a judge's signature)? Resolve a boundary
dispute with a non-party?

Obviously some of the answers are "heck no" but that just points out that
there is a limit to the "effective as an order" language of RCW 11.96A.230
<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A&full=true#11.96A.230> .

For your specific situation, I think the answer will just depend on whether
the clerks have decided what to do in that case. I haven't seen any case law
interpreting the full scope of .230. The clerk might insist on a judge
signature, they might not. Probably easiest to call the clerk's office to
see if it's ever been done.

Sincerely,

Eric

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John J. Sullivan
Sent: Thursday, December 17, 2015 5:24 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Clerk's Action Filed TEDRA Agreement

My thought is if it's an Order the Clerk will follow it. 

John Sullivan

Sent from my iPhone

> On Dec 17, 2015, at 1:01 PM, Eric Nelsen <
<mailto:Eric at sayrelawoffices.com> Eric at sayrelawoffices.com> wrote:

> 

> Never tried that! And I have no answer for you but I think it's a very
interesting question.

> 

> Are the parties effectively the "judge" in that circumstance, who appoints
"any suitable person" as PR? And say the parties agree to appoint someone
who is statutorily disqualified--what effect? Is the order void, voidable?
Do the parties get to decide on bond as well?

> 

> Sincerely,

> 

> Eric

> 

> Eric C. Nelsen

> SAYRE LAW OFFICES, PLLC

> 1320 University St

> Seattle WA  98101-2837

> phone 206-625-0092

> fax 206-625-9040

> 

> 

> 

> -----Original Message-----

> From:  <mailto:wsbapt-bounces at lists.wsbarppt.com>
wsbapt-bounces at lists.wsbarppt.com [
<mailto:wsbapt-bounces at lists.wsbarppt.com>
mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John J. Sullivan

> Sent: Thursday, December 17, 2015 10:52 AM

> To:  <mailto:wsbapt at lists.wsbarppt.com> wsbapt at lists.wsbarppt.com

> Subject: [WSBAPT] Clerk's Action Filed TEDRA Agreement

> 

> Listmates:

> 

> In an intestate probate I'm using a nonjudicial TEDRA Agreement to
accomplish several things, including replacing the Administrator. 

> 

> As we know, when you file one in a probate it has the force and effect of
a court order. My question: in that case will the Clerk follow it if
instructed to issue new Letters to the substitute Administrator in King
County even though the parties sign it rather than the judge?

> 

> Anyone try this?

> 

> Regards,

> 

> John J. Sullivan

> 

> Sent from my iPhone

> 

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