[WSBAPT] Rescission of TEDRA Agreement

[Candace Wilkerson]

RCW 11.96A.220 states that such a TEDRA agreement is normally binding on all parties/interested persons.  You could file a petition to this effect, and include a declaration from the aunt if she will cooperate.

Best,

Candace M. Wilkerson
Of Counsel

Seattle Litigation Group, PLLC
1215 4th Ave., Suite 1100
Seattle, WA 98161
(206) 407-3300 (Office)
(206) 407-3097 (Fax)

*Candace is available to respond to emails and phone calls between the hours of 7:00 a.m. and 3:00 p.m.  If you have an urgent matter outside that time period, please call our office at the number below.

We have moved! As of July 1, 2024 our new address will be The Financial Center, 1215 4th Ave., Suite 1100, Seattle, WA 98161. Everything else remains the same.

Notice: Unless you have previously signed an engagement agreement with this firm, and the firm has accepted you as a client, then NO exchange of information by virtue of e-mails or other communications will create an attorney-client relationship, including a duty of confidentiality, between sender and/or recipient.


From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Monday, October 28, 2024 2:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Rescission of TEDRA Agreement

Unfortunately, no.  The signatures were not notarized, but the agreement was signed by a witness, an aunt who had no stake in the agreement.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Candace Wilkerson
Sent: Thursday, October 24, 2024 9:55 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Rescission of TEDRA Agreement

Mark, would the parties be willing to mediate this?  Otherwise, I see no option but to ask for enforcement of the TEDRA agreement.  I assume no one notarized this individual's signature who could testify about his apparent competency on the date of signing.

Best,

Candace M. Wilkerson
Of Counsel

Seattle Litigation Group, PLLC
1215 4th Ave., Suite 1100
Seattle, WA 98161
(206) 407-3300 (Office)
(206) 407-3097 (Fax)

*Candace is available to respond to emails and phone calls between the hours of 7:00 a.m. and 3:00 p.m.  If you have an urgent matter outside that time period, please call our office at the number below.

We have moved! As of July 1, 2024 our new address will be The Financial Center, 1215 4th Ave., Suite 1100, Seattle, WA 98161. Everything else remains the same.

Notice: Unless you have previously signed an engagement agreement with this firm, and the firm has accepted you as a client, then NO exchange of information by virtue of e-mails or other communications will create an attorney-client relationship, including a duty of confidentiality, between sender and/or recipient.


From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Mark Anderson
Sent: Wednesday, October 16, 2024 1:52 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Rescission of TEDRA Agreement

Dear Listmates:

Jane dies, leaving a will that distributes Estate assets to three Beneficiaries.  Days later, the Beneficiaries (one of whom is now the Personal Representative of the Estate) meet and sign an agreement to change the distributions.  Another relative is a witness to the signing.  Months later, one of the Beneficiaries claims that he was under the influence of "heavy medication" at the time of signing the agreement and that the other two Beneficiaries bullied him into signing the agreement.  No distributions have yet been made.

Short of initiating litigation under RCW 11.96A, do you have any thoughts on where to go from here?

Thanks.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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