Resolving Estate Disputes Through Agreements and TEDRA
Probate Can Be Overwhelming. We Help So You Can Grieve Your Loved One.
It’s never easy losing a loved one. It’s especially hard when the loss was not expected.
Dealing with a loved one’s estate while grieving is exhausting. Courts, creditors, asset inventories, contested wills, and asset division are all difficult and emotionally draining.
We know that in most instances, a person who is to serve as the personal representative will be doing so for the first time. As probate is complicated and requires careful adherence to the law, most personal rerpresentatives will have questions. They will also be concerned about not making mistakes, as mistakes can be costly.
How We Help With Resolving Estate Disputes
In many cases, estate asset distribution is not clear, either because there is no will or trust or because the terms of the will or trust are not clear. As an example, property like a house may be left to the children of a deceased parent, but there is no provision about whether the house is to be sold or otherwise about how ownership should work. In some cases, the terms of a will may be ambiguous, such as when a parent leaves a car to a specific family member but the parent no longer owns the car at death. Should that beneficiary receive other assets in place of the car? There are also frequently issues about the division of family heirlooms when no provision has been made for such assets.
In Washington, the Trust and Estate Dispute Resolution Act (or “TEDRA”) provides a means for resolving estate and trust disputes. As Washington TEDRA lawyers, we help personal representatives reach agreements among beneficiaries in casses where there is conflict concering the division of assets. Our goal is to preserve family harmony and avoid protracted litigation (which depletes estate assets) whenever possible.
We Can Help.
As Washington probate attorneys, we help personal representatives through this difficult process by:
- Answering questions – we’ll be there to help you with all probate aspects.
- Estate administration – we prepare legal filings and will help you understand your duties and obligations concerning administering estate property.
- Resolving uncertainty – in many cases, a person may die without a will, or it may be unclear how assests are to be divided (such as if a house is left to the decedent’s children). We’ll provide guideance on these matters.
- Creditor matters – we’ll assist in advising on what creditors should be paid, and advise if any creditor disputes arise.
- Ensuring that you understand all matters that must be understaken – as an example, a final tax filing will need to be made for adults.
What Happens When a Person Dies Intestate?
Washington intestate law provides that all beneficiaries of the same class (like the surviving children of a parent who dies without a spouse or partner) are entitled to an equal fair market value of assets. “Fair market value” does not take into account sentimental value. A family bible, jewelery, or other items may have great sentimental value but little market value.
A personal representative (who also may be entitled to inherit) must make difficult decisions about asset division. This situation is not fair to either the personal representative or other beneficiaries. We can help when conflicts arise, such as preparing agreements among beneficiaries to resolve uncertainty.
