[WSBAPT] TEDRA and beneficial interest

[Eric Nelsen]

Under doctrine of virtual representation, if Sister has the present interest, and Brother only receives some or all of Sister's interest on occurrence of some contingent event, then Sister virtually represents Brother and can bind the interest she represents. RCW 11.96A.120<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.120>. Assuming no conflict of interest between them.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

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
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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