[WSBAPT] TEDRA

Thu May 4 15:58:40 PDT 2017

Unless the beneficiaries are worried about exceeding the annual gift tax exclusion, I’m not sure why it would be preferable to use a disclaimer as opposed to a straightforward TEDRA in which all parties agree that the account in question will be distributed to your client. Unless I am missing something, it sounds pretty straightforward.
My $.02.
John

John Creahan
www.cairn-law.com<http://www.cairn-law.com/>
Now located in the heart of Fremont
3417 Evanston Ave. N, Suite 312
Seattle, WA 98103
206-578-5877

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of jacyphers at gmail.com
Sent: Thursday, May 4, 2017 12:49 PM
To: Probate List Serve <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] TEDRA

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] 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] 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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