[WSBAPT] TEDRA Question

Tue Apr 19 10:45:43 PDT 2016

Family Settlement Agreement Doctrine. Heirs may enter into an agreement that disposes of the estate in a plan different from that provided by a will. Collins v. Collins, 151 Wash. 201, 215, 275 P. 571 (1929). Family settlement agreements are favored and honored in Washington law to resolve a dispute among heirs if the agreement is made without fraud or injustice, and where the creditors do not have the right to intervene. Id. The policy behind upholding family settlement agreement is to avert family disputes, adjust doubtful rights, protect the honor of a family, and avoid litigation. In re Estate of Witte, 25 Wash.2d 487, 498, 171 P.2d 183 (1946) (quoting Warner v. Warner, 124 Conn. 625, 631, 1 A.2d 911 (1938)). Family settlements “should be accorded finality to the fullest extent possible, and should be encouraged and fostered as a matter of public policy.” Hadley v. Cowan, 60 Wash.App. 433, 438–39, 804 P.2d 1271 (1991).

In re Estate of Washburn, 168 Wash. App. 1043 (2012)

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Ross Gardner
Sent: Tuesday, April 19, 2016 10:02 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] TEDRA Question

Good Morning All,

I am working on an intestate probate case where the only asset in the estate is a heavily leveraged home.  The decedent passed in 2011, and her grandson has been making upgrades to and paying for the upkeep on the home.  He has gotten it fixed up to the point that he has started to rent it out.  The decedent had 5 children, all still living and in their 50's and 60's, although most are out of state and independently wealthy.  The children have a desire to keep the property in the family, but none of them can manage the property. They want to transfer the property to the grandson outright, but cannot just waive their interest in the property because there are other grandchildren who would inherit the property along with the grandson.

I am wondering what the best course of action would be to handle this.  Can the estate simply quitclaim the property to the grandson?  Is a TEDRA action necessary?  Any and all thoughts are welcome.

Thank you so much!

Best Regards,

Ross Gardner
Attorney

Phone: 425-870-4430

E-Mail: Ross at rossgardnerlaw.com

Online: www.rossgardnerlaw.com <http://www.rossgardnerlaw.com/>  

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