[WSBAPT] TEDRA
Amy Goertz
amyjgoertz at icloud.com
Thu May 4 15:46:32 PDT 2017
Thank you for making me think this through. The potential client is the decedent’s son. The decedent’s only other child predeceased but her son is an adult and is one of the other parties to the agreement. The other parties are the step-children of the decedent, so I think we would be okay going this route.
Amy
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/>
> On May 4, 2017, at 12:48 PM, jacyphers at gmail.com wrote:
>
> 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 <mailto:jacyphers at gmail.com>
>
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> -------Original Message-------
>
> From: Robert Hardy <mailto:auddyman at comcast.net>
> Date: 5/4/2017 10:44:42 AM
> To: 'WSBA Probate & Trust Listserv' <mailto:wsbapt at lists.wsbarppt.com>
> 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> [mailto: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 <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/>
>
>
>
>
>
>
>
>
>
>
>
>
>
> On May 4, 2017, at 10:27 AM, Robert Hardy <auddyman at comcast.net <mailto: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> [mailto: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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