[WSBAPT] TEDRA terms contra old court order

[Paul Neumiller]

I am curious on why you recommend going back to the judge when you have unanimous approval by the family members?  On a practical basis, who would have grounds to complain or challenge the matter if all of the parties agreed?  Does a court really need to know (or care) if all of the parties agree to not follow a 27 year old court order?  Put another way, does the court having any standing to complain if none of the parties care (AND, how would a court even know 27 years after the fact and none of the family members complain?)

[cid:image002.jpg at 01D29CB3.33ABECB0]

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Monday, March 13, 2017 2:08 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] TEDRA terms contra old court order

Depending on how specific the old order was on what was NOT allowed, I would be inclined to draft a TEDRA Petition, have everyone sign off consenting to a proposed order doing what you propose and getting a new Order signed off on by the judge.

It sounds as though circumstances really have overcome the careful planning done at the time, but laying that out for the Court and getting new order would be clear.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
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> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Cyrus Field
Sent: Monday, March 13, 2017 1:29 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] TEDRA terms contra old court order

Folks- I could use a reality check. Husband/father died back in 1990 creating typical testamentary trust for spouse for life, with residue passing in equal shares to their two children at her passing. A court order from 1990 in the probate appointed spouse as trustee and a corporate trustee as successor. The order  further provided  that current income beneficiaries could pick a successor corporate trustee but under no circumstances could any other trust beneficiary serve as trustee.

Fast forward 26 years and now trust holds less than $500k in assets, mom is thinking of stepping down as trustee but doesn’t want a corporate trustee to take over, and residual beneficiaries are no longer teenagers.  All interested parties would like to enter into a non-judicial TEDRA agreement appointing children as successor co-trustees, despite old court order (Custodian of trust brokerage account would support such a change as well).

In reviewing RCW 11.96A.220 and .030(2)(c)(ii), I don’t see anything prohibiting interested parties from agreeing to such but was wondering if I’m missing something (personally, I feel uncomfortable taking action that is so expressly against a court order)? Thanks in advance for any thoughts/guidance, Cy

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)
phone: 360-472-1223 Mail: POB 367, Shaw Island, WA 98286 Office: 640 Mullis St. Friday Harbor, WA
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