[WSBAPT] Looking for Creative Solution - Intestate Estate with Step Children

Wed Oct 11 08:54:38 PDT 2017

How about this?

Heirs may enter into an agreement that disposes of the estate in a plan different from that provided by a will. Collins v. Collins, 151 Wash. 201, 215, 275 P. 571 (1929). Family settlement agreements are favored and honored in Washington law to resolve a dispute among heirs if the agreement is made without fraud or injustice, and where the creditors do not have the right to intervene. Id. The policy behind upholding family settlement agreement is to avert family disputes, adjust doubtful rights, protect the honor of a family, and avoid litigation. In re Estate of Witte, 25 Wash.2d 487, 498, 171 P.2d 183 (1946) (quoting Warner v. Warner, 124 Conn. 625, 631, 1 A.2d 911 (1938)). Family settlements “should be accorded finality to the fullest extent possible, and should be encouraged and fostered as a matter of public policy.” Hadley v. Cowan, 60 Wash.App. 433, 438–39, 804 P.2d 1271 (1991).

In re Estate of Washburn, 168 Wash. App. 1043 (2012)

I use it once in a while and if everyone agrees, our Commissioner will as well. In combination with the TEDRA agreement provisions, it works pretty well. I usually like to get an agreed order to make the title examiner totally comfortable. Tax implications are not part of this advice.

Rob

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Wednesday, October 11, 2017 5:45 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Looking for Creative Solution - Intestate Estate with Step Children

Have the kids sue under TEDRA and then settle??

I think this situation illustrates a long standing hole in inheritance law.  Where ‘objects of one’s bounty’ is now different from ages ago when bloodlines were more important.  There should be some flexibility in inheritance law to allow step kids and other long standing related folks to challenge the bloodline inheritors.

Roger Hawkes, WSBA 5173

19909 Ballinger Way NE

Shoreline, WA 98155

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

206 367 5000 voice

206 367 4005  fax

From: Brent Williams-Ruth [mailto:brent at bwrconsults.com] 
Sent: Friday, October 6, 2017 4:28 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Looking for Creative Solution - Intestate Estate with Step Children

Greetings List!

I have spoken with a couple different people and now I am sending out to the collective genius that is our List Serv: 

I have an intestate estate where there are Step Children that have been part of the decedent's life for more than 40 years. For all reasonable (but not legal) purposes, they are his kids. Everyone thought he had a will, but a diligent search has failed to turn up any documents. 

The deceased leaves behind three siblings (all elderly as well). Those three want the two step-children to end up with all of the estate which includes several parcels of land in counties outside the Seattle-Metro area.

Short of the three siblings inheriting and then doing a TODD to the step-children; is there any other way in which they can directly inherit?

The end result is that the step-children want to sell the property and collect the proceeds. There is just a concern about the amount of taxes, fees, etc. associated with a transfer where they take from the siblings, and then turn around and sell. 

Appreciate any ideas.

Sincerely, 

Brent

-- 

Brent Williams-Ruth 
Founding Member

BWR Consulting, PLLC

Phone: (425) 830-5134

e-mail <mailto:brent at bwrconsults.com>  / website <http://www.bwrconsults.com>  /  <http://www.facebook.com/bwrconsults> facebook 

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