[WSBARP] TEDRA Agreements

Mon Dec 11 10:16:11 PST 2017

TEDRA Agreements are certainly possible; the family settlement agreement
cases are also available:  

Family Settlement Agreement Doctrine. 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)

Rob

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

www.hossandwilson-hoss.com
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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Carla Higginson
Sent: Sunday, December 10, 2017 11:26 PM
To: WSBA Real Property Listserv
Cc: jared at hawklaw.biz
Subject: Re: [WSBARP] TEDRA Agreements
Sensitivity: Confidential

Dear Jared,

I’ve used TEDRA agreements to modify provisions of a Will; with the
agreement of all involved parties, the court has not inquired further before
signing the order approving the non-judicial settlement agreement.  You will
want to have a probate open before submitting the TEDRA agreement, of
course.  

Regards,

Carla Higginson

___________________________

Carla J. Higginson, Attorney 

Higginson Beyer, P.S.    cid:image004.png at 01D142F8.438976E0

Friday Harbor Office:

175 Second Street North, Friday Harbor, Washington 98250 | Telephone: (360)
378-2185 | Facsimile: (360) 378-3935

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623-8888 | Facsimile: (360) 378-3935

 <mailto:carla at higginsonbeyer.com> carla at higginsonbeyer.com

HigginsonBeyer.com

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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jared Hawkins
Sent: Friday, December 8, 2017 12:22 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] TEDRA Agreements
Sensitivity: Confidential

Good afternoon everyone,

As a follow up to a message I sent out earlier this week, any thoughts about
using a TEDRA Agreement to avoid provisions of a Will the heirs don’t like?
Specifically, can the heirs agree through a TEDRA to a method of disposition
of estate assets that differs from the apparent intent of the testator in
the Will (i.e., receive assets outright instead of placing the funds in an
annuity to be paid over time)?

Any help is appreciated.  Thanks!

Jared N. Hawkins, Attorney at Law

 <mailto:jared at hawklaw.biz> jared at hawklaw.biz
Hawkins Law, PLLC
Phone 509-529-5175 / Fax 509-529-2564
2225 Isaacs, Suite A/ Walla Walla, WA 99362

Visit our website at hawklaw.biz.

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