[WSBAPT] Problem Solving Question

[Rob Wilson-Hoss]

Think about a family settlement agreement?

 

 

7 The first ground stated is a serious and complicated question. If the agreement in this case was made, as we find it was, it is a family settlement of a dispute always regarded favorably in law. When no rights of creditors intervene such agreements, if free from fraud, are upheld and enforced by the courts. **576 See case notes, Riffe v. Walton, 105 Kan. 227, 182 P. 640, 6 A. L. R. 549, notes beginning page 555.

Collins v. Collins, 151 Wash. 201, 215, 275 P. 571, 575–76 (1929)

 

 

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 Josh Grant
Sent: Thursday, September 22, 2016 11:59 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Problem Solving Question

 

I am assuming a probate is necessary because of real estate etc.?   How about a TEDRA agreement where everyone agrees not to file will, and agree to a non-will probate? H gets it all.

 

From: Julie Fowler <mailto:julie at juliefowlerlaw.com>  

Sent: Thursday, September 22, 2016 11:32 AM

To: wsbapt at lists.wsbarppt.com 

Subject: [WSBAPT] Problem Solving Question

 

H&W have an RLT and Will prepared by a Texas Law firm. Attorney was not licensed in Washington. Documents were executed in Washington though. RLT has onerous A/B mandatory trust structures for tax savings. Following execution of the documents the lawyer writes the client a letter telling them not to immediately fund their trust with all of their assets. Which the clients took to mean, don’t fund your trust at all.

 

Wife dies and there is nothing in the trust. Pour over will puts everything into the trust. Estate is significantly under the estate tax threshold and the Surviving Spouse needs the money to live on. I believe some of the assets outside the trust were JTWROS. 

 

Is there any way we can disregard the trust and Will based on the fact that there appears to be malpractice and proceed intestate? The Will and trust are validly executed per Washington standards so I’m guessing no. Could we use TEDRA to free up the funds for the Husband since the trust won’t function as intended? There’s only one adult secondary beneficiary who would support relieving the obligations of the trust.

 

Julie K. Fowler

 

Law Office of Julie K. Fowler, P.S.

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Bellevue, WA 98006

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julie at juliefowlerlaw.com

www.juliefowlerlaw.com 

 

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