[WSBAPT] TEDRA

[Robert Hardy]

Is it an IRSA or ERISA account?

Rob

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Amy Goertz
Sent: Thursday, May 04, 2017 8:39 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] TEDRA

 

Good morning,

 

I have a potential client who is the PR of his father’s estate, represented by counsel. He states that his dad told everyone (including his financial advisor and others) that he was going to name him as beneficiary of his investment account. Dad died before filling out the paperwork. Apparently, the other heirs (all adults) are willing to agree to give him the funds in the account. His current counsel, who represents him as the PR, will not prepare a TEDRA agreement to this effect and told him to hire other counsel to do so.

 

Is there any reason I should not prepare this agreement as long as the other heirs are going into it with full knowledge and consent that they don’t have to sign it? Other than including a paragraph stating that they have been advised to seek independent counsel and had the opportunity to do so, is there anything else I should have in there to keep myself out of trouble?

 

Thanks in advance.


Amy J. Goertz, J.D.

Goertz & Lambrecht PLLC

amyjgoertz at icloud.com <mailto:brucejlambrecht at icloud.com> 

 

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:

2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

 

Additional office locations:

510 Bell Street
Edmonds, WA 98020

 

7418 East Helm Drive
Scottsdale, AZ 85260

 

Goertz & Lambrecht PLLC

Lambrecht Dispute Resolution LLC

www.goertzlambrecht.com <http://www.goertzlambrecht.com/> 

www.lambrechtdisputeresolution.com <http://www.lambrechtdisputeresolution.com/> 

 

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