[WSBAPT] "interested parties"

[John Creahan]

Kate,
I agree with John. You may want to pay off any specific or pecuniary bequests before the residuary beneficiaries sign the TEDRA agreement.
Hope this helps,
John

John Creahan
Cairn Law, PLLC
206-578-5877
Sent from my phone
________________________________
From: John J. Sullivan<mailto:sullaw at comcast.net>
Sent: ‎6/‎20/‎2017 7:28 PM
To: WSBA Probate & Trust Listserv<mailto:wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] "interested parties"

I have taken the position "No."

I did a nonjudicial TEDRA realigning the interests of family lifetime beneficiaries in a way I was comfortable would never in any way impact the charitable remainder beneficiary. But I inserted in the TEDRA a provision mandating that nothing be done that might do so.

Tread carefully.

John Sullivan

Sent from my iPhone

On Jun 20, 2017, at 6:34 PM, Kate Szurek <kate at skagitlaw.com<mailto:kate at skagitlaw.com>> wrote:

Under TEDRA (11.96A), would you say that the interested parties, who must sign on in order for a TEDRA agreement to be effective, include even the persons who will not be at all impacted by the terms of a TEDRA agreement which, essentially, shifts assets among the residuary beneficiaries?  Clearly the residuary beneficiaries are interested parties; but, are the beneficiaries to specific bequests (which will not be impacted by the change we are trying to implement) also “interested parties”?  And how about the intestate heirs, who no longer have an interest in the estate at all (since the will contest period has run)?

See RCW 11.96A.030(5).

Thanks in advance for your wisdom.

(I have yet to look beyond the statute for answers.  If I find any, I’ll let you know.)

Kate

Kate Szurek, J.D., LL.M.
kate at skagitlaw.com<mailto:kate at skagitlaw.com>

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Skagit Law Group, PLLC
P.O. Box 336 / 227 Freeway Drive, Suite B
Mount Vernon, WA  98273
360.336.1000
360.336.6690 (fax)
http://www.skagitlaw.com<http://www.skagitlaw.com/>



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