I have become addicted to the Netflix series The Extraordinary Attorney Woo. This show highlights the legal and romantic adventures of Attorney Woo Young Woo, a South Korean lawyer at the fictitious Seoul-based Hanbada Law Firm who happens to be autistic. I find this show engaging for many reasons, but particularly it uses compassion and gentle humor to showcase an attorney who has a disability.
In Episode 4 of the series, “The Strife of the Three Brothers,” two older brothers trick their younger brother, Dong-sam, regarding the inheritance of their family’s land. The oldest brother misstates the law, indicating that, as the eldest, he is legally supposed to receive the most significant percentage of the land, the middle brother a lesser rate, and Dong-sam, the smallest portion. To maintain the family peace, Dong-sam signs a contract presented to him by his brothers that not only substantially disinherits him but also requires him to pay the entirety of the hefty transfer tax. According to the show, South Korean law indicates that the brothers were supposed to split the land and associated liabilities equally. Dong-sam decided to fight the unfair contract with Attorney Woo’s assistance, as well as, literally, coming to blows with his brothers about their deception.
What if this had occurred in Washington? It’s important to remember that if your parents have wills, the surviving parent’s will governs the distribution of assets. The parents can split the assets equally between their children, give their children differing percentages of assets, or perhaps give all of their assets to charities and their friends and disinherit their children altogether. Suppose the parents decide to distribute the assets equally to their adult children, but the children agree that a different distribution makes more sense? In that case, the children still may be able to change that result pursuant to a Nonjudicial Dispute Resolution Agreement as set forth in Washington’s Trust and Estate Dispute Resolution Act (“TEDRA”). Suppose instead that the children are receiving an equal distribution of the parents’ assets because the parents died without a will? In that event, the adult children may be able to change that result as well through a Nonjudicial Dispute Resolution Agreement.
Suppose Dong-sam had signed a similarly unfair Nonjudicial Dispute Resolution Agreement in Washington? Could he get out of it? Potentially. If Dong-sam had not retained an attorney before he signed the agreement, and if the agreement did not specifically indicate that he had a right to obtain counsel, Dong-sam would have a potential argument that he should not be bound by the terms of the agreement. It is generally recommended that the parties to a Nonjudicial Dispute Resolution Agreement retain counsel to advise them of the pros and cons of the proposal. In addition, Dong-sam may have a second argument for invalidation on the grounds that he was misled by his brothers about what his inheritance would have been had he not signed the agreement.
And, as you all want to know, was the Extraordinary Attorney Woo successful in her efforts to achieve a more equitable result for Dong-sam? You’ll need to watch Episode 4 to find out!
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