Most personal injury claims are resolved through settlement negotiations, but sometimes an insurance company refuses to make a fair offer or disputes liability or the value of your damages.

Most personal injury claims are resolved through settlement negotiations, but sometimes an insurance company refuses to make a fair offer or disputes liability, the extent of your injuries, or the value of your damages. When negotiations break down, filing a personal injury lawsuit may be the next step toward obtaining fair compensation. Filing suit does not necessarily mean your case will go all the way to trial — in fact, most cases settle during litigation after the parties exchange evidence, take depositions, obtain expert opinions, and gain a clearer understanding of the strengths and weaknesses of the case. A lawsuit can also put additional pressure on an insurance company by establishing court deadlines and demonstrating that you are prepared to present your claim to a judge or jury if necessary. Because the law imposes deadlines for filing personal injury claims, it is important not to allow prolonged settlement negotiations to jeopardize your right to pursue compensation. If you have been injured in an auto collision or other incident and settlement negotiations have stalled, contact the Law Offices of P. Stephen Aita, PLLC at 253.858.5434 to schedule a consultation and discuss whether filing a lawsuit is the appropriate next step.

Joint tenancy can be a simple probate avoidance technique because property held in joint tenancy passes automatically to the surviving owner, rather than passing through the deceased owner’s estate.

Joint tenancy can be a simple probate avoidance technique for certain assets because property held in joint tenancy with a right of survivorship generally passes automatically to the surviving joint owner when one owner dies, rather than passing through the deceased owner’s probate estate. This approach is commonly considered for real estate and financial accounts, but it should be used carefully because adding another person as a joint owner can create significant consequences during your lifetime, including loss of control, exposure to the other owner’s creditors, potential gift and tax issues, and unintended changes to your overall estate plan. In Washington and Idaho, married couples may also have other options for transferring property outside of probate, including community property agreements, beneficiary designations, transfer-on-death arrangements, and Revocable Living Trusts. Before adding a child, family member, or anyone else as a joint owner simply to avoid probate, talk with an experienced lawyer about whether joint tenancy fits your particular circumstances and how it will coordinate with the rest of your estate plan.

If you have questions about joint tenancy or other probate avoidance techniques or about estate planning in general, give us a call at 253.858.5434 to see how we can help.

Your Durable Power of Attorney and Health Care Power of Attorney are important parts of your estate plan — but these documents should not simply be signed and forgotten.

Your Durable Power of Attorney and Health Care Power of Attorney are important parts of your estate plan because they authorize trusted people to make financial and medical decisions for you if you are unable to act for yourself — but these documents should not simply be signed and forgotten. Reviewing and updating them every few years helps ensure that the people you named are still the right choices, that their contact information and circumstances have not changed, and that the documents reflect your current wishes and comply with current Washington law. Updating older powers of attorney can also help avoid practical problems with banks, financial institutions, hospitals, and other organizations that may be hesitant to rely on documents that are many years old. Life changes such as marriage, divorce, the death or incapacity of an agent, changes in family relationships, or significant changes in your finances are also good reasons to review these documents sooner. A periodic estate plan review gives you the opportunity to make sure your Durable Power of Attorney and Health Care Power of Attorney will work the way you intend when they are actually needed. If it has been several years since you reviewed your estate planning documents, contact the Law Offices of P. Stephen Aita, PLLC at 253.858.5434 to schedule a consultation and make sure your plan remains up to date.

Small business owners face legal issues every day — often long before they realize they need a lawyer.

Small business owners face legal issues every day — often long before they realize they need a lawyer. Having an attorney serve as general counsel gives your business an ongoing legal resource who understands your company, its operations, and its goals and can provide advice before problems become expensive disputes. General counsel can assist with reviewing and negotiating contracts and leases, employment issues, business formation and governance, regulatory compliance, collections, purchases and sales, and disputes with customers, vendors, employees, or other businesses. Rather than searching for a lawyer every time a legal question arises, developing an ongoing relationship with general counsel allows you to get timely, practical advice from someone who already knows your business. For small businesses that may not need or be able to justify a full-time in-house attorney, outside general counsel can provide many of the same benefits on an as-needed basis. If your business could benefit from having a lawyer available to help you anticipate problems, manage risk, and make informed decisions, contact the Law Offices of P. Stephen Aita, PLLC at 253.858.5434 to schedule a consultation.

When it comes to signing a Will, the formalities matter. Washington law imposes specific requirements for executing a valid Will.

When it comes to signing a Will, the formalities matter. Washington law imposes specific requirements for executing a valid Will, including that the Will generally be in writing, signed by the person making it (or by another person at the testator’s direction and in the testator’s presence), and properly witnessed by two competent witnesses. These requirements are more than technicalities — they help establish that the document truly reflects the testator’s wishes and reduce the risk of disputes, challenges, or problems when the Will is presented for probate. A mistake during signing can create unnecessary expense and uncertainty for your family and, in some circumstances, may result in a Will not being admitted to probate as intended. Although Washington law provides limited ways to address certain execution defects, relying on those remedies is no substitute for getting it right the first time. Working with an experienced lawyer can help ensure that your Will is properly prepared, signed, witnessed, and ready to accomplish your wishes when it is needed. Contact the Law Offices of P. Stephen Aita, PLLC at 253.858.5434 to schedule a consultation about preparing or reviewing your estate plan.

If you are already confident that your family is going to fight over your estate after you die, that is even more reason to put a careful estate plan in place now.

If you are already confident that your family is going to fight over your estate after you die, that is even more reason to put a careful estate plan in place now. A well-drafted Will or Revocable Living Trust can clearly identify who receives your property, who will serve as Personal Representative or Trustee, and how and when assets will be distributed, leaving less room for uncertainty and disagreement. Depending on the circumstances, your lawyer may also recommend choosing a neutral fiduciary, documenting the reasons behind potentially controversial decisions, using a Revocable Living Trust to provide greater privacy and continuity, or including provisions designed to discourage meritless challenges. Just as important, your attorney can make sure the documents are properly executed and that your intentions are clearly documented, which can be particularly valuable if someone later claims undue influence or lack of capacity. You may not be able to prevent family members from fighting, but thoughtful planning can make your wishes much harder to misunderstand or successfully challenge. If you expect conflict among your beneficiaries, contact the Law Offices of P. Stephen Aita, PLLC at 253.858.5434 to discuss how a carefully structured estate plan can help protect your wishes and reduce opportunities for disputes after your death.

Patience can be difficult when you are injured, but giving your lawyer time to properly develop and negotiate your personal injury claim can make a significant difference.

Patience can be difficult when you are injured, medical bills are piling up, and you are waiting for your personal injury claim to be resolved, but giving your lawyer time to properly develop and negotiate your claim can make a significant difference. Insurance adjusters often delay responding to settlement demands, request additional medical records or documentation, seek repeated extensions, or simply take their time evaluating a claim because there is often little incentive for the insurance company to pay quickly — and delay can sometimes put financial pressure on an injured person to accept less than the claim may be worth. Your attorney’s job is to keep the claim moving while making sure your injuries, medical treatment, lost wages, future needs, and other damages are fully documented before recommending a settlement. Although waiting can be frustrating, accepting an inadequate offer simply to finish the process can have lasting consequences, particularly because a settlement generally ends your ability to seek additional compensation later. Staying patient, keeping your lawyer informed about your treatment, and allowing the negotiation process to work can help put your attorney in the strongest position to pursue fair compensation for your injuries. If you have been injured and have questions about your claim, contact our office at 253.858.5434 today to schedule a consultation and learn more about your legal options.

If you own real estate in more than one state, a Revocable Living Trust can be an effective way to simplify the administration of your estate and avoid multiple probate proceedings.

If you own real estate in more than one state, a Revocable Living Trust can be an effective way to simplify the administration of your estate and avoid multiple probate proceedings. Without proper planning, real estate is generally subject to probate in the state where it is located, which means your family may have to open a primary probate proceeding in your home state and a separate “ancillary” probate in each additional state where you own property. By transferring your real estate into a properly drafted and funded Revocable Living Trust, the property can generally be administered by your successor Trustee without separate probate proceedings in each state, potentially saving your beneficiaries significant time, expense, and inconvenience. The Trust can also provide for consistent management of your properties if you become incapacitated and establish clear instructions for their sale or distribution after your death. Because transferring real estate to a Trust can involve state-specific deed requirements, transfer taxes, property tax considerations, mortgages, and title insurance issues, it is important to coordinate your estate plan with attorneys or other professionals familiar with the laws of each state where you own property.

If you have questions about estate planning or owning real estate in multiple states, call us at 253.858.5434 to discuss your situation and learn about your planning options.

Buying or starting a restaurant or bar can be an exciting business opportunity, but it also comes with legal issues that are best addressed before you open the doors or sign on the dotted line.

Buying or starting a restaurant or bar can be an exciting business opportunity, but it also comes with legal issues that are best addressed before you open the doors or sign on the dotted line. An experienced lawyer can help you choose and form the appropriate business entity, review or negotiate your commercial lease, evaluate an asset or business purchase agreement, address employment and vendor contracts, and help you understand licensing, permitting, and other regulatory requirements that apply to restaurants and bars. If you are purchasing an existing establishment, your lawyer can also help with due diligence to identify potential liabilities, determine exactly what assets and obligations you are acquiring, and make sure the transaction documents protect your interests. Addressing these issues at the beginning can help prevent expensive disputes and unpleasant surprises later. If you are considering buying or starting a restaurant or bar in Washington, the Law Offices of P. Stephen Aita, PLLC can help you navigate the legal side of the process so you can focus on building and operating your business.

A Revocable Living Trust can be an effective estate planning tool for avoiding probate and simplifying the transfer of assets after death.

A Revocable Living Trust can be an effective estate planning tool for avoiding probate and simplifying the transfer of assets after death. By creating a Trust and properly transferring assets — such as real estate, bank accounts, and certain investments — into the Trust during your lifetime, those assets can generally pass to your beneficiaries under the terms of the Trust without going through the probate process. You can continue to control and use the Trust assets while you are alive, and you can amend or revoke the Trust as your circumstances change. After your death, your successor Trustee can manage and distribute the Trust property without waiting for the court appointment of a Personal Representative, which may provide greater privacy and can be particularly helpful if you own real estate in more than one state. However, simply signing a Revocable Living Trust is not enough — the Trust must be properly funded and coordinated with your Will, beneficiary designations, and other estate planning documents. An experienced lawyer can help determine whether a Revocable Living Trust makes sense for your circumstances and make sure your estate plan is structured to accomplish your goals while minimizing the need for probate.

If you have questions about Revocable Living Trusts or any other aspect of estate planning, give us a call at 253.858.5434 to set up an appointment today.

Estate planning can be especially important in a second marriage, where each spouse may bring children, assets, and financial obligations from a prior relationship into the new marriage.

Estate planning can be especially important in a second marriage, where each spouse may bring children, assets, and financial obligations from a prior relationship into the new marriage. Without careful planning, a surviving spouse and children from a prior marriage can find themselves with competing interests — or the ultimate distribution of your estate may be very different from what you intended. A well-designed estate plan can provide financial security for your spouse while also protecting an inheritance for your children, using tools such as Wills, Revocable Living Trusts, beneficiary designations, and carefully structured Trusts that allow a surviving spouse to benefit from assets during their lifetime while preserving the remainder for children. In Washington, couples should also consider how community property laws, separate property, beneficiary designations, and the Washington estate tax may affect their plans. Second marriages rarely lend themselves to a one-size-fits-all estate plan, so working with an experienced estate planning attorney can help balance the needs of your spouse and children and make sure your wishes are clearly documented and carried out. If you are entering a second marriage, are already remarried, or have not reviewed your estate plan since getting married, contact the Law Offices of P. Stephen Aita, PLLC at 253.858.5434 to schedule a consultation and discuss an estate plan designed for your family’s unique circumstances.

In the moments after an auto collision, knowing what to do can help protect both your health and your legal rights.

In the moments after an auto collision, knowing what to do can help protect both your health and your legal rights. If you’re able, move to a safe location, call 911, and make sure the collision is reported to law enforcement. Exchange contact and insurance information with the other driver, take photographs of the vehicles, roadway, and surrounding area, and get contact information from any witnesses. Even if you don’t think you’re seriously injured, consider seeking medical attention, since some injuries may not become apparent until hours or even days later. You should also notify your insurance company of the collision, but be careful about giving detailed or recorded statements before you fully understand your injuries and your rights. If you’ve been injured, speaking with an experienced lawyer early in the process can help preserve important evidence, manage communications with the insurance companies, and protect your interests while you focus on your recovery.

If you or a member of your family have been injured in an auto collision, give us a call at 253.858.5434 to make an appointment for a free initial consultation today.

Once the initial legal and financial matters have settled following the death of your spouse, it is important to review and update your estate planning documents to reflect your new circumstances.

The death of a spouse is an incredibly difficult time, and reviewing your estate plan may understandably not be at the top of your immediate to-do list. However, once the initial legal and financial matters have settled, it is important to review and update your estate planning documents to reflect your new circumstances. Your spouse may have been named as your Personal Representative, Trustee, agent under a Durable Power of Attorney, or health care agent, and beneficiary designations on retirement accounts, life insurance policies, and other assets may also need to be updated. The death of a spouse can also significantly change your financial picture and may affect estate tax planning, particularly in Washington, where state estate tax considerations can differ from federal law. Reviewing your Will, Revocable Living Trust, Powers of Attorney, beneficiary designations, and related documents with your estate planning attorney can help ensure that your plan continues to reflect your wishes, protects your family, and addresses the legal and tax issues that may arise following your spouse’s death.

If you have questions about updating your estate plan, give us a call at 253.858.5434 to set up an appointment today.

Creating a comprehensive estate plan is often a team effort between your estate planning lawyer and your financial planner.

Creating a comprehensive estate plan is often a team effort between your estate planning lawyer and your financial planner. Your financial planner understands your investments, retirement accounts, insurance policies, income needs, and long-term financial goals, while your lawyer understands how your assets should be titled, how your Will or Trust should operate, and how to coordinate beneficiary designations and other estate planning documents with your overall plan. By working together, these professionals can help ensure that your financial strategy and estate plan complement each other rather than working at cross-purposes. For example, your lawyer may identify an estate tax or probate issue that affects how an asset should be owned, while your financial planner may recommend investment or insurance strategies that need to be incorporated into your estate plan. Open communication between your advisors can help create a coordinated plan designed to protect your assets, minimize unnecessary taxes and expenses, and ultimately make it easier for your loved ones to carry out your wishes.

If you have estate planning questions, give us a call at 253.858.5434 to see how we can be of service.

Running a small business involves much more than selling a product or providing a service, and having a lawyer on your side can help protect both your business and your personal interests.

Running a small business involves much more than selling a product or providing a service, and having a lawyer on your side can help protect both your business and your personal interests. An experienced attorney can help you choose the right business structure, prepare and review contracts, address employment and independent-contractor issues, protect intellectual property, negotiate leases and other agreements, and make sure your business complies with applicable laws and regulations. Just as importantly, having a lawyer involved before a problem arises can help you identify potential risks and avoid costly disputes. For a small business owner, hiring an attorney is not simply an expense — it can be a valuable investment in protecting the business you have worked hard to build.

If you’re a small business owner need legal representation, give us a call at 253.858.5434 to see how we can be of service.