[WSBAPT] TEDRA

[jacyphers at gmail.com]

Look carefully as to where the property would go if there is a disclaimer
before making it a disclaimer.
If the other beneficiaries are the  PR's siblings, then the will may provide
for property to go to siblings' children if sibling predeceases.
That will not get you to where you want to go.   Disclaimer merely treats
the disclaiming person as if they dies before the decedent.
So you look to the will to see what happens if that sibling predeceases.
 

    
  
Jackie Cyphers
Jeannette A. Cyphers, Attorney at Law
P. O. Box 908   
Edmonds, WA 98020-0908
425-776-5887
fax 425-640-0814
jacyphers at gmail.com
 
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-------Original Message-------
 
From: Robert Hardy
Date: 5/4/2017 10:44:42 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] TEDRA
 
Dear Amy:
I would structure the TEDRA as a disclaimer possibly?
RH
 
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists
wsbarppt.com] On Behalf Of Amy Goertz
Sent: Thursday, May 04, 2017 10:37 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] TEDRA
 
No, it is a combined account with checking, savings and a money market
components. No beneficiary is named on the account(s) held at a local credit
union.

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz 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
www.lambrechtdisputeresolution.com
 
 
 
 



 
On May 4, 2017, at 10:27 AM, Robert Hardy <auddyman at comcast.net> wrote:
 
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
 
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
www.lambrechtdisputeresolution.com
 
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