Four Tips for Settling an Estate Dispute

Recently, I endured an unfortunate spat with a neighbor. Both of us retained legal counsel and, at the end of the day, signed a written settlement agreement. As I went through the settlement process, I was reminded of our clients who settle estate disputes through a Nonjudicial Dispute Resolution Agreement, a settlement agreement governed by the Washington’s Trust and Estate Dispute Resolution Act (TEDRA).  As a result of my experience, I can offer four tips for how to settle an estate dispute successfully:

#1:  Retain Counsel. If you receive a Nonjudicial Dispute Resolution Agreement with a request to sign it, don’t rely solely on explanations given by potentially self-interested estate beneficiaries or your cousin whose ex-boyfriend was an attorney. Retain your own attorney to review the Agreement and advise you on its impact on your rights.

#2: Understand the Agreement Before Signing It. Make sure to spend time with your attorney and ask all necessary questions. You need to understand everything that is expected of you, everything that is expected of all the other parties to the Agreement, every right that you may be waiving, and the impact that your signature may have on your inheritance or other interests in the estate.

#3: Comply Fully with the Agreement Once You Sign It. Like any settlement agreement, a Nonjudicial Dispute Resolution Agreement is not a squishy affair. Settlement agreements are legally enforceable; you need to do precisely what you agreed to do within the prescribed time frame. Rely on your attorney for assistance, as needed, to help you fully meet these obligations.

#4: Make Sure All Other Parties Comply with the Agreement. The Nonjudicial Dispute Resolution Agreement may include items that directly impact you, and items that don’t have anything to do with you. Work with your attorney to identify everything that the parties to the Agreement have agreed to do that impacts you. Then carefully track their compliance. If someone fails to fulfill their obligations, communicate with your attorney to determine the appropriate course of action.

If you need help navigating the intricacies of a Nonjudicial Dispute Resolution Agreement, please let us know. We’d be happy to help.