[WSBAPT] Assignment of Heirship

[jeffrey winter]

Listmates,


I have not run into this situation before, and would like to hear your thoughts on the matter.


I was presented with an existing probate that has been percolating for over 5 years and is quite a mess.  The PC wanted to know whether she should purchase a beneficiary's interest in the Estate.  PC is not named as a beneficiary in the Will.  Another beneficiary already sold his interest to a third party.  There are a myriad of issues with this probate - including potential insolvency, and the fact that no Inventory or accounting has been rendered by any of the PRs to date - but the question I have is regarding the sale of beneficiary interests to third parties.


It seems to me that a beneficiary should be able to assign his or her interest -- but where the assignment is to a third party not named in the Will, it also seems that a TEDRA would be required, where all of the parties (including PR and all beneficiaries) have to agree to distribute in a manner other than provided for in the Will.


Your thoughts?


Jeff Winter
Jeffrey D. Winter
Law Office of Jeffrey D. Winter, P.S.
604 North Main Street
Ellensburg, WA 98926
(509) 925-9600 tel.
(509) 925-9606 fax




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