[WSBAPT] TEDRA and beneficial interest

[John Creahan]

Hi,
Does an alternate beneficiary under a will have a “beneficial interest” in the estate when the primary beneficiary was still alive at the testator’s death?
My client, the personal representative, and the primary beneficiary under the will (“Sister”) have agreed to resolve a particular issue, and I am drafting a TEDRA agreement to memorialize that agreement.
“Brother,” an alternate beneficiary, is estranged from the family, and I would prefer to not have to chase him down. He is not entitled to anything under the will unless Sister disclaims – which is not going to happen.
TEDRA’s definition of “party” includes “all persons beneficially interested in the estate.”
My question: does Brother’s vanishingly-remote possibility of receiving a disclaimer give him a beneficial interest in the estate?
I appreciate your thoughts on this.
John
John Creahan
www.cairn-law.com<http://www.cairn-law.com/>
Now located in the heart of Fremont
3417 Evanston Ave. N, Suite 312
Seattle, WA 98103
206-578-5877


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