[WSBAPT] TEDRA and beneficial interest

[Heather deVrieze]

Off the top of my head, I think it comes down to the possibility, however remote, that the brother might have any standing to challenge the provisions of the agreement. If it impacts him, or his potential beneficial interest, I would expect he ought to be a party. If you don’t really mind him not being bound to the terms of the agreement, because he would have nothing to challenge, I don’t think he needs to be a party. Are his beneficial interests or possibility of beneficial interest changed by the agreement in any way? That might be the true test of whether he ought to be found and included.

Heather

Heather S. de Vrieze
Attorney-at-Law
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3909 California Avenue SW
Seattle, WA 98116-3705
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www.westseattlelaw.com<http://www.westseattlelaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John Creahan
Sent: Thursday, August 31, 2017 2:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] TEDRA and beneficial interest

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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