[WSBAPT] TEDRA for Technically Defective (invalid) Will?

[Mike Winslow]

In my opinion you can use the TEDRA Agreeme.nt, and avoid any gifting from the  siblings. The TDERA Agreement can recite that the partner in the Committed Intimate Relationship could assert ownership under the decisions affecting rights of CIR persons and that all parties acknowledge such rights. Did this recently, working with Karolyn Hicks of Stokes Lawrence. I handled the probate and Karolyn represented the surviving partner. She persuaded all of the heirs at law under intestacy that the rights of the CIR would prevail.
No gift tax ramifications.
 
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Wednesday, June 21, 2017 11:57 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] TEDRA for Technically Defective (invalid) Will?
 
My client's sibling just died having signed a will without witnesses and technically intestate due to the invalidity of the will. The will names my client as personal representative, and names the decedent's long-time partner as sole beneficiary. The decedent's siblings are the only heirs at law, each of which wants and intends to honor the decedent's last wishes to leave everything to the partner under the defective will. My first instinct is to try a TEDRA signed by each of the siblings attesting to the validity of the Will despite the technical defects, given the broad plenary authority granted under RCW 11.96a, and 11.96a.125 in particular, but a threshold question exists whether TEDRA can even be used to validate an invalid will. Has anyone on the list had a situation like this?
 
A colleague has suggested considering having the siblings each gift their portions of the Decedent's intestate estate to the partner, dependent upon the size of the estate and potential gift tax concerns (which I won't know until Friday). If the estate is small enough that gift taxes aren't an issue, we'll probably follow that advice for simplicity's sake. That said, if the siblings are concerned about gift taxes, I would still like to explore TEDRA and whether it would serve my purposes here.


Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110
 
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