During the appeal process, the Court of Appeal found that “the court erred in concluding that the March TEDRA agreement could not be changed by the August TEDRA agreement,” and found that “the parties who originally made an out-of-court decision relate to a case involving a trust or estate thereafter, whether the original agreement or a brief of the agreement was filed in TEDRA court. 182 Wn. App. 692, 712-713. (7) Conciliation agreement. A resolution of the issue that is the subject of mediation must be established by an out-of-court dispute settlement agreement in accordance with rcw 11.96A.220. (d) The arbitrator`s award must be determined by a written agreement between the parties and the arbitrator. The arbitrator must be compensated for the rate of pay indicated by the arbitrator for his action as an arbitrator of disputes in trusts, discounts and non-proprobate cases, unless the parties or virtual representatives of the parties otherwise agree. A TEDRA agreement will definitively resolve the loyalty or succession case that is covered by the agreement.
RCW 11.96A.220 provides in part: (a) the determination of each group of creditors, drifts, purchases, heirs, parents or others interested in an estate, asset, non-probate asset, or other heritage or heritage interests that passed to death; (b) instructing a personal representative or agent to do or refrain from performing an act of loyalty; (c) the identification of any issues that may arise when managing an estate or trust or non-profit assets or other property or heritage interests that passed to death, including, without restriction, questions relating to: (i) the formation of wills, trusts, joint contracts and other writings; (ii) a change of representative or personal agent; (iii) a change in confidence level; (iv) an accounting of a personal representative or agent; (v) setting the costs of a personal representative or agent; or vi) the powers and obligations of a legal adviser or senior agent of a directed trust, in accordance with Chapter 11.98A RCW; (d) granting a personal representative or agent the necessary or desirable power that is not granted or conferred by law in the management instrument; (e) an appeal or procedure under Chapter 11.84 RCW; (f) amending, reforming or complying with a will or trust instrument to comply with the statutes and rules of the U.S. Internal Tax Service in order to qualify deductions, elections and other tax requirements, including the characterization of a gift to a surviving spouse who is not a U.S. citizen for the deduction of inheritance tax authorized by federal law , including the addition of mandatory rules for a qualified national trust fund, in accordance with Section 2056A of the Internal Revenue Code, the characterization of a gift as a qualified facility, as permitted by federal law, or the characterization of a gift for the deduction of corporation tax authorized by federal law, including the addition of mandatory administrative instrument requirements for a non-profit fiduciary entity; (g) With respect to all non-probable assets or other heritage or heritage interests that passed to death, including common rental assets, heritage affected by community property or property that is affected by a payment in the event of death or transfer in the event of death: Bernard`s decision confirms two fundamental principles of common and legal law of the State of Washington (1) The necessary parties may amend a TEDRA agreement without judicial participation, as these TEDRA agreements with the (2) revocable or revocable trusts do not grant enforceable rights to their beneficiaries until the death of the trust holder.
