[WSBAPT] TEDRA

Thu May 4 21:31:37 PDT 2017

Thank you so much for the reassurance. This relatively small estate is not in a taxable range. I drafted the agreement as a straight TEDRA but was just wondering if I was missing something. 
Amu

Sent from Amy's iPhone, which spells as it pleases and is not grammar correctly. 

> On May 4, 2017, at 3:58 PM, John Creahan <john at cairn-law.com> wrote:
> 
> 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
> Now located in the heart of Fremont
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> 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
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> Edmonds, WA 98020-0908
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> 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
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> 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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