[WSBARP] TEDRA agreements = curious

Mon Dec 11 12:10:14 PST 2017

On the question of the agreement between cooperative heirs, I would agree
that a court will favor entry in lieu of a dispute.

But I am curious about that factor, in context of the caselaw Rob laid out.
The intent is to avoid disputes between heirs, essentially, a settlement
agreement. Naturally everyone wants that.

But: here, it sounds like the heirs don't have a dispute among themselves,
and thus not really avoiding litigation (other than contesting will in
general) but rather all want the money in hand when the deceased had, for
whatever reason, a clear intent to have the money paid out over time. There
can be a number of reasons/intent for that, and having the heirs (say,
siblings) say, heck no, we want the money now, may be exactly what the
deceased wanted to avoid (for whatever reason).

So when it's not to mitigate/avoid a dispute, is that still where a court
will go? and contravene the intent of the testator just to make the heirs
happy?

Carmen Rowe, Attorney

Phone: (360) 669-3576 (direct cell)
Email:  Carmen at GryphonLawGroup.com

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On Mon, Dec 11, 2017 at 12:00 PM, <wsbarp-request at lists.wsbarppt.com> wrote:

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> Today's Topics:
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>    1. Re: TEDRA Agreements (Carla Higginson)
>    2. Re: TEDRA Agreements (Rob Wilson-Hoss)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 11 Dec 2017 07:25:46 +0000
> From: Carla Higginson <carla at higginsonbeyer.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Cc: "jared at hawklaw.biz" <jared at hawklaw.biz>
> Subject: Re: [WSBARP] TEDRA Agreements
> Message-ID:
>         <CY4PR05MB323972C1F7F3F907F2AEC0D5D5370 at CY4PR05MB3239.
> namprd05.prod.outlook.com>
>
> Content-Type: text/plain; charset="us-ascii"
>
> 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
> Seattle Office:
> 701 Fifth Avenue, Suite 5500, Seattle, Washington 98104 | Telephone: (206)
> 623-8888 | Facsimile: (360) 378-3935
>
> carla at higginsonbeyer.com<mailto: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
> jared at hawklaw.biz<mailto: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.
> This email is intended only for the named recipient(s) or their designees,
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> have received this email in error, please delete it entirely from your
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>
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> ------------------------------
>
> Message: 2
> Date: Mon, 11 Dec 2017 10:16:11 -0800
> From: "Rob Wilson-Hoss" <rob at hctc.com>
> To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
> Cc: jared at hawklaw.biz
> Subject: Re: [WSBARP] TEDRA Agreements
> Message-ID: <00c801d372ac$1fdc9ed0$5f95dc70$@com>
> Content-Type: text/plain; charset="iso-8859-1"
>
> 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
>  <mailto:rob at hctc.com> rob at hctc.com
>
>
>
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> This office does debt collection and this e-mail may be an attempt to
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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
>
> Seattle Office:
>
> 701 Fifth Avenue, Suite 5500, Seattle, Washington 98104 | Telephone: (206)
> 623-8888 | Facsimile: (360) 378-3935
>
>
>
>  <mailto:carla at higginsonbeyer.com> carla at higginsonbeyer.com
>
> HigginsonBeyer.com
>
>
>
> ************************************************************
> ****************
> *********
>
> CONFIDENTIALITY NOTICE:  The information in this electronic mail is legally
> privileged and confidential information intended only for the use of the
> individual or entity named above.  If the reader of this message is not the
> intended recipient, you are hereby notified that any dissemination,
> distribution or copy of the transmission is strictly prohibited.  If you
> have received this transmission in error, please delete the message and
> immediately notify us by telephone at (360) 378-2185 or by e-mail.
> Internet
> Communications are not secure and subject to possible data corruption,
> either accidentally or on purpose, and may contain viruses.  Furthermore,
> e-mail is an informal method of communication and for these reasons, it
> will
> normally be inappropriate to rely on advice contained in an e-mail without
> obtaining written confirmation of it.  If we receive a request from you via
> e-mail, we will treat that as authority to reply by e-mail.
>
> ************************************************************
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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.
>
> This email is intended only for the named recipient(s) or their designees,
> and may contain legally privileged or confidential information.  If you
> have
> received this email in error, please delete it entirely from your computer
> and notify the sender.  Thank you.
>
>
>
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