Idaho clients, colleagues, family, and friends - I'm going to be in Boise May 25-28 and have time to meet with clients or potential new clients on Friday the 26th. Give me a call or drop me an email if you want to set something up.
Injuries to the back and neck are some of the most commonly caused traumatic injuries. We routinely represent people who have suffered injuries to their cervical (neck), thoracic (mid-back) or lumbar (low-back) spine in auto, bicycle, and motorcycle collisions.
If you or a loved one sustained a back or neck injury in a collision caused by someone else, our law firm is committed to helping you get the most favorable results. Because many back and neck injuries are unique to the individual, many insurance companies and defense lawyers unfairly evaluate these cases and may only offer a person with these type of injuries a fraction of the case's real value.
Give us a call at 253.858.5434 and allow us to give you an honest assessment of your case. We proudly serve clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.
Insightful founders of new businesses or nonprofit organizations understand the value of involving a lawyer in the early stages of planning. A lawyer can help identify issues, opportunities, and threats which allows founders to appropriately plan their organizational and operational structures. As a result, investing in legal assistance at the outset can help avoid costly reactionary steps in later stages that might otherwise be necessary if the founders had unknowingly or unintentionally built their plans on a problematic foundation.
If you are starting up a new business or nonprofit organization, give us a call at 253.858.5434 to see how we can help. We proudly represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.
Other than an ugly divorce, a Will contest or other estate dispute can do more damage to family relationships that any other single event. The worst legal, emotional, and often financial nightmares begin when someone in a family contests a Will--that is, they seek the court's intervention to modify or set aside a loved one's Will or Trust. What they do not see going on is the emotional chaos that invariably results if litigation is pursued. Estate disputes can last for years. Who wins in these cases? Usually, no one but the lawyers.
Is there a better alternative? While a lawsuit over a loved one's estate may be unavoidable, there are often better ways to resolve the dispute than turning the matter into litigation. Mediation is one such alternative. It is an opportunity to get the parties together before taking the matter to court, thereby saving money, time, and emotional scars that may never heal.
There are some warning signs that can help you identify whether an estate is going to be difficult to administer:
(1) SECOND MARRIAGE SITUATIONS. These often lead to litigation when there are children from prior marriages, particularly where bad or no estate planning may result in everything being left to the surviving spouse. Regardless of whether or not the new marriage lasted longer than the marriage that produced the children, the children often lose. The surviving stepparent can easily disinherit the deceased's children once they have control of the estate.
(2) IF A CHILD HAS BEEN DISINHERITED. In a lot of states, there is little protection for disinherited children. If properly drafted, a Will can easily disinherit a child. Regardless, when someone has been intentionally disinherited, he or she will often contest the Will.
(3) WHEN ONE CHILD IS FAVORED OVER ANOTHER IN A WILL. Disparate treatment of children is a situation where the act, in and of itself, is not grounds for a successful Will contest, but the emotions involved often lead to litigation. All too often feelings of sibling rivalry do not go away in adulthood.
(4) WHEN A NEIGHBOR, FRIEND, OR DISTANT RELATIVE STARTS INFLUENCING AN ELDERLY PARENT. Sometimes the motives are not those of a good Samaritan, but are more about abject greed. If an estate plan has recently been altered to favor someone other than the "natural objects of the parents' bounty," an estate dispute is likely to follow.
(5) IF THE PERSONAL REPRESENTATIVE IS DRAGGING HIS OR HER FEET. Years ago, we were involved in one probate where the estate was left open with assets undistributed to beneficiaries for 11 years. Where substantial delays occur, heirs get impatient and suspicious. Court intervention may be their first step in bringing closure and resolution.
If any of these situations seem familiar, then you or someone you know is probably gearing up for a lengthy, protracted Will contest. Before taking those next steps, however, talk to a lawyer who not is not only experienced in estate litigation, but also who has experience using alternative dispute resolution techniques. Find out what their track record is in settling estate disputes before protracted litigation has consumed the entire estate. We regularly have clients who came to us looking for legal recourse only to learn that they are facing legal proceedings that could take years to resolve if the family members they intend to litigate against become stubborn or the fires of their dispute are fueled by litigious counsel. Realizing they either may not have the resources to follow through with a process that will only wreak havoc on relationships that are already strained or do not have the inclination for a lengthy, emotional battle, they agree to mediation.
It is not easy to sit in a room with someone with whom there is emotional conflict, but what most people do not realize is that the alternative course--protracted litigation--is more painful. A good lawyer can help all parties through the process and find ways to settle the estate before it is gone. After all, most people do not really want to leave their legacy to the lawyers.
If you, a friend, family member, neighbor, or coworker are involved in an estate dispute and have questions about how we can be of service, give us a call at 253.858.5434. We proudly serve clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.
Guess what we spent the day doing last Friday? At the end of April and October every year, we review our estate planning files and send review letters to clients. We review these files so that we can alert clients as to changes in state or federal laws which could affect them and indicate a need to update their estate plans. We recommend that clients regularly examine their estate plans and suggest such review be made at least once every 3-4 years, and more often if major changes in family size, relationships, or assets should occur.
If you would like a copy of our checklist of things that might warrant a change in your estate plan or if you think your estate plan should be reviewed or changed in any way, call us at 253.858.5434 for an appointment so that we can meet to discuss your needs and revise your estate plan accordingly.
If you've got children, what happens if you become incapacitated? Washington law allows you to create a power of attorney for minor children's care, appointing someone (your "agent") to make decisions for your child if you and the child's other parent are incapacitated or otherwise unavailable to make decisions. A few of the more common powers your agent could have include:
* Enrolling child(ren) in school and extracurricular activities;
* Having access to school records and participating in decisions regarding the child(ren)'s education, including attending parent-teacher conferences;
* Obtaining medical, dental, and mental health treatment and making healthcare decisions on behalf of child(ren);
* Providing for the child(ren)'s food, lodging, housing, recreation, and travel.
You may choose any adult to be your agent. Your agent does not have to be a family member. When choosing an agent, consider the following:
* Someone you trust;
* Someone your child(ren) know;
* Make sure agent has ability to act on behalf of your child(ren)'s best interests by considering the potential agent's other time commitments, experience with child(ren) and their general health.
If you have questions about powers of attorney for minor children's care, give us a call at 253.858.5434 to make an appointment.
What if you have a personal injury case, and you don’t want it to drag on for years? As a general rule, you can settle any personal injury case quickly as long as you are willing to take less money. The first thing to know is why some personal injury cases can take a long time to settle. There are three main reasons why a personal injury case can move slowly: (1) there are legal or factual problems with the case; (2) the case involves a lot of money; or (3) you have not reached maximum medical improvement from your injuries. If your case involves any of these situations, the bad news is that your case is simply going to take some time to settle unless you are prepared to take pennies on the dollar in order to resolve it.
(1) There Are Problems With The Case. The value of a personal injury case is determined by liability (who was at fault) and damages (how badly was the plaintiff injured).
If liability is hard to prove, then the insurance company is not likely to make a reasonable settlement offer until the claimant has filed a lawsuit and hired liability experts to show that the defendant was at fault. If there are legal issues in the case (i.e., the insurer believes that you have no legal right to sue), then it is unlikely that the insurance company will make any significant offer at all on the case until a judge has ruled on your right to sue.
Alternatively, there may be problems with damages. For example, the treating physicians may be unsure that it was the defendant’s negligence that caused the plaintiff’s injury. It is always your burden to prove that the defendant’s negligence caused your injuries. If your doctors are unsure on this, then the insurance company is not going to make a reasonable settlement offer until it is satisfied that you can produce a doctor to testify that the defendant’s fault caused your injuries.
(2) The Case Involves "Big Money." Another factor that can delay settlement is if the case involves large damages. Insurance companies simply will not pay big money on a settlement until they have done their due diligence. For an insurance company, due diligence means investigating every aspect of the case. The insurance company will not be prepared to settle for reasonable money until they are convinced that they either don’t have a good defense to the case, that your injuries are as severe as you claim that they are, and they cannot attack your credibility.
Further, sometimes insurance companies will delay settlement on a big case simply to see if the plaintiff will give up and accept less money. Most badly injured people need the settlement money, and cannot wait too long for compensation. Insurance companies know this and will try to wait out the plaintiff.
(3) You Have Not Reached Maximum Medical Improvement. Another legitimate reason why settlement might take a long time is that you are still treating for your injuries. If you can afford to wait, you never want to settle a personal injury case until you have reached maximum medical improvement (MMI) from your injuries. MMI means that you are as good as you are going to get. The reason that you want to wait until you are at MMI before settling is so that your lawyer will know how to value your damages. If you are still treating, it is unclear whether you will fully recover or not. If you fully recover from your injuries, your case is likely to be worth less than if you never did recover.
If you have been injured because of someone else's negligence, give us a call at 253.858.5434 to set up an appointment for a free initial consultation.
Small business owners have their hands full making plans, developing products and services, and lining up financing. But meeting with a lawyer before starting a business can be one of the smartest moves you can make. Your lawyer can explain how to start a business and answer your legal questions. But more importantly, a lawyer can identify the risks you face and help you minimize them.
When you meet with your lawyer for the first time, it’s a good idea to have some questions in mind. But as a new business owner, you may not even know where to start. Here are some things to ask.
1. WHAT BUSINESS STRUCTURE SHOULD I CHOOSE? Before starting a small business, you must decide how your business will be structured. If you do not form a formal business entity, your business will either be a sole proprietorship (with one owner) or a partnership (with more than one owner). Legally, you and your business will be the same “person,” so if your business has debts or is sued, you are personally liable for those obligations. To limit this liability, you can form a business entity such as a corporation, limited liability company, or limited liability partnership. Owners of these business entities do not risk all their personal assets if the business cannot meet its financial obligations. Their losses are limited to the amount they have invested in the company. It’s important to weigh your options and choose carefully because your choice will affect the way your business is owned, managed and taxed.
2. WHAT DO I NEED TO KNOW ABOUT CHOOSING A NAME FOR MY BUSINESS? You probably already have ideas about the name you’d like for your new business. But you need to consider legal issues before you start ordering signs and business cards. Every state has rules about the names that new business entities can use, and in general, you can’t choose a name that another business is already using. In addition, it’s risky to choose a name that might infringe on another business’s registered trademark. And if you think you’ll want to trademark a business name, you’ll want to choose a name that meets the criteria for trademark protection.
3. HOW DO I MINIMIZE MY RISKS AS AN EMPLOYER? A variety of employment laws may apply to your business, and you risk fines, penalties and/or employment-related litigation if you don’t know the laws you must follow and the steps you need to take to stay in compliance. Laws range from anti-discrimination laws to health and safety regulations to wage and hour laws. You may need policies and procedures, handbooks, and training to ensure that you don’t inadvertently violate them. You must also comply with laws relating to such things as the minimum wage. And if you employ people who are not U.S. citizens, you may face immigration issues.
4. WHAT SHOULD BE IN MY OPERATING AGREEMENT OR BYLAWS? Bylaws and LLC operating agreements provide important guidelines for operating your business. These documents explain such things as how decisions will be made, when and how shareholder meetings are held, how to handle LLC ownership changes, and how shares of stock are issued.
5. HOW CAN I PROTECT MY INTELLECTUAL PROPERTY? All businesses potentially have trademarks that they use to identify the business and distinguish it from others. Your business name, logo, labels, slogans and packaging can all be trademarks, but you must take steps to protect them. You may decide to register a trademark with the U.S. Patent and Trademark Office. Businesses also may have copyrights in any original works of authorship, including such things as photographs, brochures, and websites. Copyright protection is particularly important if you are in a creative field, and if you have an invention, you may need to apply for a patent.
6. WHAT CONTRACTS DOES MY BUSINESS NEED? Contracts protect your business by describing the rights and responsibilities of the parties to the agreement. A well-written contract can reduce the number of disputes that arise, ensure that you get paid for the work you do, and provide a clear remedy if one party doesn’t hold up its end of the deal. Your business might need contracts for routine transactions, to protect confidential information, to describe employment relationships, or for leases and other major transactions.
7. WHAT OTHER RISKS SHOULD I BE GUARDING AGAINST? Every business faces a unique set of risks. While some can be minimized with contracts, entity formation, and other proactive steps, others require insurance. Always ask your lawyer to assess your risks and identify ways to alleviate them.
Getting business advice and legal help from a lawyer is a smart way to start a business off on the right foot. But don’t lose touch with your lawyer once your business is up and running. Make it a habit to seek business legal advice on a regular basis to ensure that you are protecting yourself as your business grows and changes. If you're a small business owner and need legal help, give us a call at 253.858.5434.
How much does it cost to probate an estate? The short answer is, it depends on a number of factors, but mostly how complicated the estate is. The major expenses of probate include:
(1) Court Fees. In Washington, the initial filing fee is $240. In Idaho, it's $166.
(2) Personal Representative's Fee. The Personal Representative (PR) may charge a fee for his or her services. Often this individual is a relative, and he or she may choose not to charge a fee. The fee has to be what is “reasonable” for the work performed.
(3) Posting a Bond. If a PR is asked to post bond, this is to insure that if the value of the probate property declines as a result of the executor’s misconduct, the bond will make the estate whole again. It is like an insurance policy. Obtaining such a bond can be costly and depends on the value of the property subject to the bond. It can be $500 or much more if it is a sizeable estate. If there is a Will and if it waives the bond requirement, then the Probate Court will often--but not always--waive the bond.
(4) Publication of Legal Notices. A publication fee is charged by the local newspaper, which announces the person’s death and how interested persons (creditors to whom the deceased owed money) can contact the attorney or PR. The cost depends on the area, but fees generally run between $150 and $600.
(5) Tax Preparer Fees. Depending again on the size of the estate, estate taxes may need to be paid. Tax preparer fees may run anywhere from a couple of hundred dollars to a few thousand dollars if the state is large or complex.
(6) Property Appraisals. An appraisal by a court-appointed independent third party (a probate referee) is sometimes necessary if there are real property or other non-cash (personal property) assets in the estate, such as jewelry, artwork, etc. The probate referee fee may be statutory or set by custom in the area.
(7) Attorney's Fees. This is usually the largest portion of probate fees. In Washington, our Supreme Court has dictated that attorneys have to either charge a flat fee or charge by the hour for probate work; we cannot calculate our fee as a percentage of the value of the estate. In Idaho, attorney's fees can be either a flat fee, an hourly fee, or a percentage of the value of the estate.
If you have questions about probate an estate, give us a call at 253.858.5434 to see how we can be of service. We proudly serve clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.
A revocable living trust can help assets pass outside of probate, yet allows you to retain control of the assets during your lifetime. It is flexible and can be dissolved at any time, should your circumstances or intentions change. A revocable living trust typically becomes irrevocable upon your death. You can name yourself as trustee and retain ownership and control over the trust, its terms, and assets during your lifetime, but make provisions for a successor trustee to manage them in the event of your incapacity or death. Although a revocable living trust may help avoid probate, it is usually still subject to estate taxes. It also means that during your lifetime, it is treated like any other asset you own.
Since trusts usually avoid probate, your beneficiaries may gain access to these assets more quickly than they might to assets that are transferred using a Will.
Other benefits of revocable living trusts include:
(1) Control of your wealth. You can specify the terms of a trust precisely, controlling when and to whom distributions may be made. You can set it up so that the trust assets remain accessible to you during your lifetime while designating to whom the remaining assets will pass after you die, even when there are complex situations such as children from more than one relationship.
(2) Protection of your legacy. A properly constructed trust can help protect your estate from your heirs’ creditors or from beneficiaries who may not be adept at money management.
(3) Privacy and probate savings. Probate is a matter of public record; a trust may allow assets to pass outside of probate and remain private, in addition to possibly reducing the amount lost to court fees and taxes in the process.
If you are interested in setting up a revocable living trust as part of your overall estate plan, give us a call at 253.858.5434 to set up an appointment. We proudly serve clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.
When you hear that someone got in a "fender bender" and they got "whiplash," what’s your first thought? For many people the answer is, “That guy’s faking it.” Brothers and sisters, welcome to MIST cases and the propaganda behind them.
MIST stands for “minor impact, soft tissue.” Launched in the mid '90s by insurance companies, the theory claims that it’s impossible to sustain a permanent or serious injury in a low-property damage or low speed collision. Almost all American insurers have adopted this theory, but there is very little scientific evidence to validate this claim.
MIST relies on the idea that the visible damage of the vehicles and occupant are closely linked. The fundamental assertion is that there is a direct relationship between the intensity of the impact, based on the change in velocity, and the rate of serious injury. However, variables such as stiffness and elasticity of vehicles, the interplay between seat design, occupant mass, occupant position, and vehicle dynamics are not taken into account by MIST. This means that there are serious issues with the MIST methodology.
The problem is that the claimant is being judged by what the car looks like or the extent of the impact rather than the real issue - the claimant's injury. In essence, insurance companies argue that there was no correlation between the collision and the injury sustained. Further, the insurance companies apply the same cookie cutter approach to all cases. In essence, you have insurance adjusters formulating an opinion without actually knowing the first thing about the victim’s injury. We often receive letters from insurance companies discussing the minor impact without inquiring as to the nature and extent of the physical injuries.
If you have been in a fender bender, are suffering whiplash-type injuries, and are getting the run around by the insurance company, give us a call at 253.858.5434 to make an appointment for a free initial consultation.
Why do new businesses need a lawyer? At the most basic level, new businesses need lawyers to help them deal with three groups:
(1) The government. You don’t want to violate laws. You also need to be sure you are doing business in a way that doesn’t create unnecessary tax liability and that you pay the taxes you owe.
(2) Third parties and the public. It’s essential to make sure you take reasonable steps to control risk in your interactions with customers, suppliers, users, employees, and the general public.
(3) Each other. When multiple people form a company together, it’s best to establish the rights and expectations of the founders upfront in case there are disagreements down the line.
The most likely times for start-ups to get lawyers involved include:
* Incorporation and forming a business entity
* Hiring employees
* Negotiating contracts with customers and suppliers, including establishing terms of service for websites and license agreements for software
* Raising capital
* Obtaining patents (for some companies)
If you're starting a new business and need legal advice, give us a call at 253.858.5434 to make an appointment. We proudly serve clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.
When someone dies leavings property, debts, and a mortgage, and if they did not have a living trust, probate is required to sort everything out. Probate is the process of paying off the deceased person's final bills and expenses and transferring their property to their beneficiaries. Dealing with debts can begin before probate is officially opened.
You should make a complete list of the decedent's liabilities, even before the probate estate is opened. It will help streamline the probate process later. Bills and statements you should look for include:
* Mortgages
* Lines of credit
* Condo fees
* Property taxes
* Income taxes
* Car and boat loans
* Personal loans, including student loans
* Credit card bills
* Utility bills
After you've made a list of liabilities, divide them into two categories: (1) Liabilities that will be ongoing during probate--these will be administrative expenses, and (2) liabilities that can be paid off in full after the probate estate is opened--these are the decedent's final bills. Administrative expenses include the mortgage, condo fees, property taxes, storage fees and utility bills. These must be kept current until the estate closes. To the extent possible, the estate beneficiaries should pay these bills until the probate estate is opened. The deceased's final bills include income taxes, personal loans, loans against life insurance and retirement accounts, credit card bills and cellphone bills. The estate beneficiaries should not pay any final bills out of their own pockets, but should wait and let the estate's Personal Representative deal with them in the process of settling the estate.
The PR will be responsible for taking over payment of administrative expenses and settling the decedent's final bills after probate is open. This will include determining which debts are valid and to what extent, then assessing which, if any, of the decedent's assets should be liquidated or sold to pay ongoing estate expenses and final bills.
If the beneficiaries have continued to pay some or all of the decedent's bills prior to the probate estate being opened, the PR should then reimburse them accordingly, with one exception. If the decedent left real estate to a specific beneficiary in his Will and that beneficiary intends to assume or refinance the mortgage against the property, he should not necessarily be reimbursed
A beneficiary who inherits a house or other real estate may be able to assume the mortgage during or after probate according to the terms of the Garn-St. Germain Depository Institutions Act of 1982 (12 USC sec. 1701j-3). This federal law forbids lenders from calling loans due or foreclosing when ownership changes hands due to death. The mortgage must typically be current to qualify.
If you have questions about settling a decedent's estate and the payment of their final bills, give us a call at 253.858.5434 to make an appointment today.
Trusts can be an excellent way to provide for your heirs or for causes that matter to you while also protecting the beneficiaries from onerous taxes or potentially controlling how the funds are distributed and spent. One important step in creating the Trust that best serves the needs of your loved ones is choosing the person you wish to serve as Trustee. Depending on the type of Trust you create, the Trustee will make important decisions about how to invest the Trust’s assets and how best to distribute them, so choosing the right person is critical.
The person you choose as Trustee doesn’t need to be a financial expert to be capable. It’s more important to find someone who understands the basics of sound investing strategies, but who also knows when to call in an expert in law or accounting or finance for support when they find themselves out of their depth. And most importantly, choose someone who is very trustworthy.
If you’re creating a Trust that you want to live on after you do, be sure that you choose someone who will likely be alive and capable after you die. Additionally, be sure to choose someone who will have the time to dedicate to looking after the Trust’s assets personally, and who won’t be forced to hand the task off to someone else who is not of your choosing.
Your first instinct may be to select a child or sibling to serve as your Trustee, since you know and trust them. While this might work for some Trusts and families, you should know about the risks involved in such a choice. Relatives may not be able to look at a decision objectively, due to their proximity to the family. Likewise, the relatives who weren’t chosen to serve as Trustee may feel hurt and resentful that they weren’t selected, and may be more likely to second-guess the decisions of the person chosen than they would those of an outsider. Consider someone who is familiar with your family and its needs, but who can remain objective in making difficult decisions.
If you are in need of guidance in creating an estate plan that best serves the needs of you and your heirs, contact us for a consultation at (253) 858-5434. We proudly serve clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.
If you've been injured in an auto collision and want to hire a lawyer to represent you regarding your injury claim, be prepared to answer the following questions during your first conversation with the lawyer:
1. When did the collision happen?
2. How did the collision happen?
3. Where did the collision happen?...
4. What injuries did you suffer?
5. How do you feel now?
6. Were there any witnesses and if so, what are their names and addresses?
7. What medical facility and/or doctors have treated you so far?
8. Do you have any insurance that may relate to this collision, like health, auto, PIP, uninsured motorist, or an umbrella policy?
9. Have you been in contact with any of the insurance companies involved? If so, what are the claim numbers and the names and phone numbers of the contact people?
10. Where are the cars that were involved in the collision?
11. Have any pictures been taken and if so, by whom and where are they?
12. Have you contacted any other attorneys up to this point?
13. Have you given a statement to an insurance adjuster and if so, what is their name and phone number?
Our law firm has a long history of representing injured people and their survivors. If you've been injured in an auto collision, give us a call at 253.858.5434 to make an appointment for a free initial consultation.