[WSBARP] Is adopted away nephew still a “nephew?

[Rob Wilson-Hoss]

Also, Family settlement agreements. They always work in these parts. Pre-TEDRA doctrine, but this unreported 2012 ct appeals case says, fine with us:

 

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)

 

The last time I did one I made it a twofer - TEDRA and FSA together in the briefing. 

 

Rob

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Judy Luther
Sent: Tuesday, April 17, 2018 12:30 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Is adopted away nephew still a “nephew?

 

Nonjudicial Dispute Resolution Agreement if everyone agrees to include the nephew?

 

~ Judy Luther

 

Judith E. Luther

Carlson-Whitley & Luther, LLP

222 Lee Street SW, Suite 112

Tumwater, WA 98501-4403

Ph: (360) 915-9774

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-----Original Message----- 

From: Melinda 

Sent: Tuesday, April 17, 2018 10:57 AM 

To: wsbarp at lists.wsbarppt.com 

Subject: [WSBARP] Is adopted away nephew still a “nephew? 

 

Will provides for “all my nephews”.  One nephew was legally adopted away by a different family.  Any supportable way to include him in this bequest language?  

 

Misspelled from my iPhone

 

Melinda

 

Law Office of Melinda K Grout

PO Box 1360

Monroe, WA 98272

(360) 794-4322. Tel

(425) 744-6745. Fax

 

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