[WSBAPT] Pre-Death TEDRA?

[Brent Williams-Ruth]

Greetings List Members -

Here is the situation: blended family for multiple decades. Originally had
a pre-nup drafted at the start of everything due to kids from each
side....well, the parents have lasted into the 80's and 90's. Sadly, one is
completed demented without any capacity.

As the children of the wedded couple have been talking and helping their
parents out (they are a functional blended family - at this time - and
everyone is helping everyone) it has been discovered that Dad did a great
job keeping separate separate. Mom, not so much. Example, her RMD's from
her separate retirement have been going into the joint checking.

Additionally, there is property that was left to go to the wife, if she
survived by 30 days otherwise it would be separate property of the husband
and go only to his kids.

All things that seemed great 30 years ago but now, not so much.

The question - since the parties to the pre-nup are not both capable of
making legal decisions and there is a generic POA my question is two-fold
1) can a general durable POA sign a new pre-nup on behalf of the principal?
2) Can the kids get together and do a TEDRA-style agreement that is
enforceable later when the death's occur or do they need to just wait until
the actual time arrives to take any action?

Again - the good news is that there is no animosity of the parties. Just a
realization that the parents never updated documents from prior to their
marriage despite saying they would over and over again through the years.

Appreciate any insights!

Brent

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to
the following address: **PO BOX 3319; Federal Way, WA 98063 *

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e-mail <Brent at Williams-RuthLaw.com> / website
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