[WSBARP] TEDRA Agreements that Contradict the Intent of the Will

[Marvin Benson]

I don't know the answer for the limits of TEDRA,  but if the grandchildren
are beneficiaries of the annuties, they should be  involved in any
agreement to change the terms of the will.
\
Marvin Benson

On Wed, Dec 6, 2017 at 12:05 PM, Jared Hawkins <jared at hawklaw.biz> wrote:

> Colleagues: I hope your week is going well.  I’d appreciate any helpful
> thoughts you might have for me regarding the following scenario:
>
>
>
>    - Decedent dies testate with no surviving spouse.  The Will fairly
>    clearly indicates that the majority of the estate assets are to be sold and
>    the resulting funds placed in annuities for 2 of his 3 children.  The
>    surviving grandchildren are to be listed as beneficiaries of the annuities
>    - The 2 children to receive the annuities don’t want to be hampered by
>    the annuity and want to share the estate assets with their disinherited
>    sibling
>    - The children want to enter into a binding agreement under TEDRA to
>    modify how the estate assets are paid out (i.e., to avoid the annuities)
>
>
>
> Question:  RCW 11.12.230 is pretty clear that the intent of the testator
> is meant to be followed.  But the language of the legislative comments when
> TEDRA was adopted seem to say that its permissible for TEDRA agreements to
> run afoul of testator intent.    Can the children enter into a binding
> agreement under TEDRA to avoid placing the funds in an annuity even though
> that contradicts the apparent intent of the Testator in his Will?
>
>
>
> Any help is appreciated.  Thanks!
>
>
>
>
>
> Jared N. Hawkins, Attorney at Law
>
> jared at hawklaw.biz
> Hawkins Law, PLLC
> Phone 509-529-5175 <(509)%20529-5175> / Fax 509-529-2564
> <(509)%20529-2564>
> 2225 Isaacs, Suite A/ Walla Walla, WA 99362
>
> Visit our website at hawklaw.biz.
>
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