You've been injured in an auto collision that wasn't your fault. The other driver's insurance company is denying liability. What do you do next?

When you’re involved in a car crash, you can be confused and unsure of what to do next. If someone else caused the collision, it’s easy to assume you’ll file a claim with their insurance company and get your car repaired. If you’re injured, you’ll allow the other insurance company to handle your medical bills, everything will be cared for, and you’ll move on with your life the way you were meant to from the start. It’s a simple process in your mind, but it’s anything but simple in reality.

There is no right or wrong way to file a claim, and there is no guarantee the other insurance company is going to cover the issues you’re having. In some instances, the other driver and their insurance company might do something shocking and deny they had anything to do with the collision.

When the other side makes noises about denying liability for your injuries, the entire situation shifts out of your favor. Say you’ve called to report the collision to the at-fault driver's insurance company and now you’re waiting on them to get back to you about your claim. They’ve had plenty of time to go over the paperwork and get the information they need, but they haven’t gotten back to you. When you call to find out where you stand in terms of your claim, they tell you that they’ve decided they are not liable for the claim and won’t be paying anything to you or your family.

The first thing you should do is ask for proof. Why do they believe they owe you nothing? You want proof of their stance, and you want it immediately. They are required to provide you with the proof you need to find out whether or not they are liable. What they have that’s telling them they owe you nothing for the crash is not something they can keep private. You want to see their documentation of the incident, and they have no choice but to provide that for you. Once you have this information, you’re free to argue the point where it’s necessary.

The most common argument insurance companies use when denying claims is that there is no police report or the officers who responded did not state it was the fault of their client. They’ll argue that nothing in the police report supports this information, and they’ll say they are paying nothing as a result. Your job now is to find proof that the collision was caused by someone else. This could be done by hiring an attorney to take your case.

Before you do that you might consider calling your own insurance company. Most insurance companies will pay the repairs and bills for you and then fight the other insurance company for reimbursement. You’ll need to pay your own deductible, but it’s usually more cost-effective to do this than it is to go through with paying for expensive repairs on your own. Call your insurance company and ask them what they suggest you do.

If that doesn’t work, your next step is to contact a lawyer. This might not always be necessary, but it is if you have been injured and the medical bills are already beginning to accrue. If the other insurance company is denying your claim, you might need to go further to collect damages that will cover the cost of your repairs and your medical bills as a result of your injuries. A lawyer can look at all the evidence, recreate the scene, and determine who is at fault. This might include taking the other insurance company and the driver of the other car to court to have a judge and jury make the final ruling. Since most insurance companies are unwilling to go that far, they usually offer a settlement.

If the other insurance company is denying the liability from the crash their insured caused, you become easily frustrated. It happens more than you imagine, and there’s nothing wrong with feeling upset by this. If this has happened to you, a friend, family member, neighbor, or co-worker, give us a call at 253.858.5434 to see how we can help.

Hiring a Lawyer for Your Business Startup vs. Forming a Company with Forms You Can Find Online

We frequently get asked why someone should spend money on a lawyer to start up their small business rather than form their company with forms they found themselves online. The answer is simple. There are two main reasons to use a lawyer: a lawyer will help ensure that you pick the right entity for your situation and lawyer will draft (with your input) and explain all the documents necessary to get you company up and running.

When someone who isn’t trained in the law goes to an online website, they may choose to set up a limited liability company thinking that is the best entity structure for their company and disregard forming a corporation. However, if that same person had gone to an experienced lawyer, they may have been led through a series of questions, like those we ask our clients, to determine whether an LLC is correct. A lawyer may discover that for one reason or another, a corporation is best. Or a lawyer may discover that an LLC is correct and be able to guide clients through the choice of whether to make it member-managed or manager-managed.

In addition to helping a client choose the best business entity, a lawyer will help a client prepare the documents necessary to run the business including paperwork through the state, federal, and possibly city level. For instance, when our clients walk out the door after we set up their business, we try to ensure that all their documents are done (unless it is something that they personally have to do and we cannot as their counsel) and that they understand exactly what is in them. The last thing we want is someone to leave unsure of what their bylaws or operating agreement says. If you get a document from an website, you don’t know if the provisions in it are what you need (for instance, the last thing you want is an "Uh-oh, I don’t have any provisions for when my partner gets divorced and now the business is facing failure because of it). In addition, you may not understand all the provisions in it (for instance, you don't want an "Uh-oh, I didn’t realize that the way that clause was worded, a personal bankruptcy means a lot of problems"). When you hire a lawyer, they will probably ask you lots of questions to see what you need in your documents and then explain them to you.

Filing online is quick and it is easy. However, if you don’t know what you are doing, it could end up costing you down the road. Hiring a lawyer gives you the peace of mind knowing that someone who knows the ins and outs of forming a business is taking care of you and ensuring that you know what you are doing and why.

If you are starting a new business or buying new investment property, give us a call at 253.858.5434 to find out how we can be of service. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

The Personal Representative of an Estate's main duty is to settle and distribute the estate as quickly and efficiently as possible by adhereing to the directions in the Will and/or state probate laws.

A Personal Representative (or "PR," formerly called an Executor) of an estate is an individual or institution designated to administer the estate of someone who has died. As a fiduciary, a PR must settle and distribute the estate of the decedent as quickly and efficiently as possible by adhering to the directions outlined in the decedent’s Will and/or the probate laws of the state where the estate is being administered.

The primary duty is to protect the estate in a manner consistent with the decedent’s wishes. Although this may appear relatively simple, it is important that the PR understand the responsibilities associated with the position. As a word of caution, failure to adhere to these duties and responsibilities can result in the filing of lawsuits against the PR for breach of fiduciary duty.

Generally speaking, a PR is responsible for collecting the assets of the estate, protecting the estate property, preparing an inventory of the property, paying various estate expenses, paying valid claims (including debts and taxes) against the estate, representing the estate in claims against others, and eventually distributing the estate property to the beneficiaries. In the event the decedent passed away with a Will, the Will may often impose additional duties on the PR.

OPENING THE ESTATE. Initially, the PR must open the estate by filing the Petition for Probate. This requires presenting certain paperwork to the applicable Court. Generally, an estimate as to the date of death value of probate assets and debts must be provided. Once the estate is opened, the PR will often obtain the necessary Letters Testamentary (if there was a Will) or Letters of Administration (if there wasn't a Will), which provide the PR with the legal authority to act on behalf of the estate.

IDENTIFY ASSETS OF THE ESTATE. Thereafter, it is important to identify and collect the assets of the estate. This includes any property of value owned by the deceased at death. For example, assets of the estate generally include real estate, business interests, checking and savings accounts, brokerage accounts, and any unpaid amounts due the deceased such as interest and dividends. Although often overlooked, to properly value the assets of the estate, an underlying responsibility of the PR is to have the assets professionally appraised. This course of action is not only essential when it is difficult to determine the value of an asset but it becomes necessary when certain assets require an appraisal by a qualified appraiser. Typically, within a certain time frame of the appointment of the PR, an Inventory must be prepared that lists the assets held by the decedent, both individually and jointly, and provide the date of death value of such assets.

OPENING THE ESTATEACCOUNT. Once the estate is properly opened, a Federal Tax ID Number should be obtained for the estate. The PR will need to present this separate Tax ID Number to a bank to open a new bank account (typically checking account) in the name of the estate. Thereafter, the PR will transfer the funds from the accounts in the decedent’s name at death to the new account in the name of the estate. Expenses, taxes, debts, and other fees in connection with the administration of the estate will be paid from this new account. Eventually, any remaining funds will be distributed to the beneficiaries of the estate along with any other remaining assets.

NOTICE TO CREDITORS. As part of the administrative duties, the PR must give notice of the decedent’s death to known creditors and potential creditors. Creditors generally have a prescribed time (four months in Washington and Idaho) in which to file claims against the decedent’s estate. Upon the expiration of this period, the PR must pay all legitimate claims against the estate. Failure to file a claim against the estate within the prescribed time frame forever bars future claims of more creditors. It should be emphasized that prior to payment, the PR should consider the validity of all claims against the estate.

TAX RETURNS. The PR is responsible for preparing and filing all applicable income tax returns on behalf of the decedent for the period of time the decedent was alive and on behalf of the decedent’s estate. It is important to remember that death terminates the decedent’s tax year and thereafter the decedent’s estate is a separate taxpayer. The PR is also responsible for paying all applicable state and federal estate taxes.

DISTRIBUTION OF ASSETS AND CLOSING THE ESTATE. Once all of the assets are collected and the claims are satisfied, the PR must distribute the assets consistent with the terms of the Will or the state’s probate laws. When the court approves the final account and the assets have been distributed, the estate is considered closed. At this point, the responsibilities of the Personal Representative end.

If you have questions regarding the estate administration process, please contact us at 253.858.5434. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

Estate Planning to Care for Loved Ones with Dementia

As people live longer lives, they also live healthier ones, for the most part. But with advancing ages comes increased risk of some serious illnesses, including Alzheimer’s disease. About half those who live past age 85 will have the disease, according to the Alzheimer’s Association. More than 5 million Americans currently suffer from dementia, and that number is projected to increase to more than 7 million by 2025, unless major medical breakthroughs help alleviate the suffering.

People with dementia eventually lose memory, cognitive ability, and language. If you or someone in your family is concerned about the prospect of impairment, you should know that it’s very important to get legal documents in place before dementia makes it impossible for you to understand the issues and make informed decisions. You can’t make a legally valid Will, Power of Attorney, or other legal document unless you are of what’s commonly called "sound mind"—that is, you must understand your family circumstances, act of your own free will, and understand the consequences of your choices.
Here are the key documents to move forward with.

DURABLE POWER OF ATTORNEY FOR FINANCES. This document lets you choose someone to have control over your financial affairs if it’s ever necessary. You can give the person—who’s called your agent or your attorney-in-fact—authority immediately, or structure the document so that the authority kicks in only if someday a doctor certifies that it’s needed. Many people choose to make the power effective immediately, trusting that the person they’ve chosen won’t act unless it’s necessary.

Having a financial durable power of attorney (DPOA) in place can be a huge help to your family. For example, if you’re in the hospital, your agent could pay bills for you from your checking account. But the biggest benefit is if there is a long period of incapacity, as there often is with dementia. (People with Alzheimer’s disease live an average of 8 years, according to the Alzheimer’s Association.)

Without a DPOA, no one—not even your spouse, or the Executor you’ve appointed in your Will—would have authority to take care of necessary financial tasks, such as paying bills, managing retirement accounts, or selling assets. Family members would have to go to court, produce evidence that you cannot manage your affairs, and ask that the court appoint a conservator or guardian to handle your money. Going forward, the conservator would be subject to court oversight. The whole process is expensive, intrusive, and time-consuming.

HEALTH CARE POWERS OF ATTORNEY. Your health care power of attorney is the next most important document to create when you’re planning for the possibility of dementia. In these documents, you name someone to make health care decisions for you if you can’t. These documents can give enormous relief to the family members who must make difficult decisions about your care when you are unable to do so. If they have clear direction from you, it will make their lives far easier at a difficult time.

DIRECTIVES TO PHYSICIANS, ALSO CALLED A "LIVING WILL." Here, you express your wishes for end-of-life care. Living wills typically cover pain relief and medical treatments such as surgery, resuscitation, ventilators, and feeding tubes. You can go into as much (or as little) detail as you wish. For example, you might simply say that you want everything necessary to relieve pain (palliative care or comfort care) but that in certain circumstances you don’t want to receive extraordinary measures such as CPR.

WILLS, TRUST, AND BENEFICIARY DESIGNATIONS. Once you’ve taken care of the documents that give someone authority if you’re ever incapacitated, the next step is to take care of leaving your assets to the people or organizations you want to inherit them.

Wills. - It’s a good idea for everyone to have a simple Will, which leaves your assets to the beneficiaries of your choice. In your Will, you also name your executor (personal representative), the person who will carry out your wishes after your death.

Beneficiary designations. - For a lot of people, significant assets pass not through a Will, but under beneficiary designations you make in other documents. For example, if you enrolled in a retirement savings plan where you work or bought life insurance, you probably named a beneficiary on a form provided by the plan administrator or the insurance company. It’s also common to name transfer-on-death (TOD) beneficiaries for bank accounts, to register vehicles in transfer-on-death form (in states that allow this), or name a beneficiary for a savings bond. It’s a good idea to review those designations and think about any changes you might want to make.

Living Trusts. - A Revocable Living Trust, like a Will, lets you leave your assets to whomever you choose. One of he advantage of a Trust is that after your death, your beneficiaries don’t have to conduct a probate court proceeding before wrapping up your affairs. A Trust can also help with planning for dementia, because your successor trustee (the person you name to take over the trust after your death) can take control of trust assets if you become incapacitated. The trustee’s authority extends only to assets held in the name of the trust, however.

If you have questions about any of these documents, give us a call at 253.858.5434 to find out how we can be of service.

If you're involved in a personal injury claim, you've probably heard the term "maximum medical improvement" or "MMI." What does that mean?

If you're involved in a personal injury claim following an auto collision, you might have heard your lawyer or the insurance company mention the phrase "maximum medical improvement" (or MMI) regarding your injuries and medical treatment. In the context of an injury-related insurance claim or personal injury lawsuit after a car crash, MMI means the claimant or plaintiff (that’s you) has recovered completely from their injuries, or the claimant or plaintiff's condition has become stable and there is a clear picture of their medical future: What kinds of ongoing medical care will be necessary? What will that care cost? What kinds of physical limitations or disabilities will be permanent? You get the idea.

You should never negotiate a settlement in a personal injury case until you have reached MMI, and at least have a well-defined understanding of the extent of your injuries and the future care you'll require. Under no circumstances should you sign any settlement agreement or sign a release of liability until you've reached this point.

The reason for this is simple. Once you settle, you’re agreeing to release the other driver from any further liability in connection with the underlying car accident. If your injuries turn out to be worse than you first thought, or complications arise, you can’t go back and demand more in the way of compensation. The case is over once you sign a settlement agreement and release, and the other driver is off the hook for any additional or unforeseen damages.

This doesn't mean that you can’t get the insurance claim or lawsuit started before you reach MMI. On the contrary, if you don't hear from them first (and you probably will), you or your lawyer should notify the car insurance company for the other driver (in addition to contacting your own car insurance company), and let them know that you intend to pursue a claim for your injuries.

It’s also important to attend every medical appointment you make, to cooperate with all your health care providers, and to do everything your doctors tell you to do in terms of follow-up care. That’s because as an insurance claimant or a personal injury plaintiff, you have a legal obligation to "mitigate your damages" -- which simply means you must take all reasonable steps to facilitate your recovery, and to avoid anything that might make your condition worse or prolong the need for ongoing treatment.

If you or a friend, family member, neighbor, or co-worker has been injured in an auto collision and would like to talk to a lawyer, give us a call at 253.858.5434 to set up an appointment right away.

There are many ways lawyers help small businesses and their owners.

It's easy for small business owners to gloss over hiring a lawyer because other matters, such as marketing and operations, seem more pressing. A lot of legal issues may not be of immediate concern to small business owners who easily justify holding off on paying for these services. However, there are many ways that lawyers can help small businesses.

BUSINESS FORMATION. Some of the most important matters are handled at the beginning of the business. For example, a small business lawyer owner may want to structure his or her business in a way that limits personal liability. Lawyers can help with the process of incorporation so that new business owners are assured that their business starts on strong legal footing.

CORPORATE GOVERNANCE. Even if businesses use a lawyer to help incorporate the business, they may fail to maintain this status. A lawyer can advise clients to have annual shareholder, director, or partner meetings in order to maintain this status. Likewise, certain types of businesses must record minutes and elect officers according to their state’s requirements. Failing to take these steps can have disastrous consequences for the business. If sued, the business stands to have its corporate "veil" pierced and exposes corporate officers to personal liability.

INTELLECTUAL PROPERTY. Before a business really launches, it must take steps to protect its intellectual property, if applicable. This includes the business name, logo, brand name and other aspects of the business that should be protected by copyright.

Businesses may have other intangible assets that should also be protected, including architectural blueprints, devices, creations and software. Certain business processes may also be eligible for patent protection. Lawyers can assist clients with acquiring the necessary copyright, patent, and trademark registrations that are necessary to protect this important aspect of their business.

PRIVACY POLICIES. Lawyers can also help businesses protect their patient, client, or customer information. A privacy policy is required in some states in which a business keeps personally identifiable information. A seemingly innocuous connection such as having a customer’s email address as part of a newsletter list may trigger such a requirement.

NONDISCLOSURE AGREEMENTS. As the business begins to operate, business owners may enter into agreements with other parties. However, business owners will want to ensure that their ideas and trade secrets are protected. Lawyers can help draft nondisclosure agreements so that businesses can expand without having to worry about having their information stolen.

EMPLOYMENT AGREEMENTS. While many businesses start as a single-person operation, many small businesses owners quickly learn that they need some help for their business to thrive. Lawyers can assist their clients by helping to draft employment agreements, including nondisclosure agreements, employment contracts for a specific duration, and non-compete agreements. The last group mentioned often requires very specific catering to detail. Every state has specific rules regarding the duration of a non-compete agreement, the geographical proximity of such a contract, and the scope of the agreement.

SERVICE AGREEMENTS. As the business grows and becomes more successful, it may take in new clientele. To protect the business, a lawyer can draft agreements between the business and the client. By having the terms written upfront, disagreements and misunderstandings can be avoided.

COLLECTIONS. When customers don't pay their bills, small businesses and their cash flow system can become crippled. A lawyer can help in collecting past-due accounts. Even if a client decides that going to small claims court is faster and cheaper, a lawyer can walk the client through this process and provide advice about how to present evidence and support the case.

If you're a small business owner and need legal advice on any of these topics, give us a call at 253.858.5434. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

You've been appointed Personal Representative of a loved one's estate. What does that mean and what are your duties?

To be appointed the Personal Representative of someone’s estate can often be seen as an overwhelming obligation, especially if you know nothing about what the appointment entails. Yet, in reality it is really not all that difficult and it gives you the opportunity to honor the deceased person by ensuring that their wishes are carried out as reflected in their Will.

SO WHAT IS A PERSONAL REPRESENTATIVE? A Personal Representative is an individual whom another has trusted upon their death to oversee their money and property. A PR is usually nominated in the Decedent’s Will and is the person, once appointed by a court, responsible to settle the Decedent's financial affairs and to distribute property in accordance with their Will or if there is no Will, then by right of representation under state law. The Personal Representative also has a duty to make sure that all of this is done in an efficient, economical, and timely manner.

WHAT ARE THE PERSONAL REPRESENTATIVE'S DUTIES As the PR, the following are basic duties required by law:

* Accounting for and collecting the assets of the estate
* Overseeing the estate assets during the probate process
* Disbursing funds for bills or creditors of the estate and taxes
* Distribution to heirs or beneficiaries of the estate

Satisfying these duties and taking into account the statutory requisites and deadlines will help ensure you are managing the estate correctly. In essence, the PR is a manager who ensures that any outstanding and legally required debts are timely paid, who gathers all of the estate assets and distributes them in accordance with a Will, or if there is no Will, in accordance with state law.

COLLECT ALL DOCUMENTS. A Decedent’s Will should convey their wishes regarding how their property should be distributed. However, some property may pass outside the person’s estate and consequently may not be subject to their Will. The first step is to ascertain if the Decedent had other documents that legally control the distribution of their assets, such as specific beneficiary designations on retirement accounts, life insurance policies, and brokerage accounts. Consider the following documents which may assist estate administration:

* Safety deposit box keys and contract
* Trust documents
* Birth, marriage, death, and divorce documents
* Life insurance
* Bank statements, checks, account statements, stocks and bond certificates
* Retirement, 401k or pension statements
* Mortgage, titles, deeds, and leases
* Vehicle titles or loans
* Business documents, LLC, or corporation documents
* Health insurance policies
* Any unpaid bills or outstanding debts

Any of these documents can affect how the person’s estate is administered or in what way specific assets are to be managed. Of course, if you are not sure you should always obtain legal advice and direction from a lawyer who has experience in this area

KEEP GOOD RECORDS. First, do not take any action until you have been appointed by a court to act as the PR. Simply being named in a Will is not enough; there must be a court order and the Clerk of the Court must issue Letters of Administration (if the Decedent died without a Will) or Letters Testamentary (if the Decedent died with a Will) before you have the authority to take any action.

Once appointed, we recommend you set up an accounting system at the outset and ensure that all records of any financial transactions regarding the estate are presented and recorded. There are several software programs or you can simply use a check book. Whether on a computer or simply by paper and pen, you should maintain a detailed record of any bills you pay or any creditor’s claims that are received by the estate which you are legally obligated to pay. Not all claims are valid, and when in doubt, make sure you have the advice of an experienced lawyer.

In Washington and Idaho, a formal inventory is no longer required to be filed with the court, but any heir can request one. As a result, we recommend you prepare a written inventory of all the estate’s major assets including the liabilities of the estate that will need to be determined during the probate process. A detailed report listing every knife, fork, and spoon is not required, but at the very least some of the major assets should be covered.

Finally, you may be eligible for compensation while carrying out your duties as PR. This determination and the amount of compensation should be established before you begin. If in doubt, seek and obtain a court order with notice to all of the heirs to avoid any problems or misunderstandings later on. Also ensure you keep a detailed record of the time spent working on the administration of the estate.

PROTECT AGAINST LIABILITY. As the PR, you are accountable to the heirs or beneficiaries for any mismanagement of the assets of the estate. Circumstances in which a PR could be found liable include:

* Failing to use reasonable care in handling the assets and property of the estate
* Negligently or deliberately using funds from the estate
* Failure to abide by the Will or perform other deeds that breach your fiduciary duty
* Negligently or deliberately neglecting to perform tasks required of a PR

As the PR, you are responsible for handling the estate until it is completely distributed and the estate is formally closed. The terms of what is or isn’t allowed may be specified by the probate code or by the Decedent’s Will. To ensure you are properly managing the Decedent’s estate and fulfilling your duties as PR, you should always feel free to contact us.

HAVE QUESTIONS ABOUT YOUR DUTIES AS PR IN WASHINGTON OR IDAHO? We can help navigate you through this process so that estate administration is straightforward, effective, and can be resolved promptly and appropriately. To learn more about the services we offer throughout all of Washington and Idaho, or to schedule a consultation, please call us at 253.858.5434.

Why should I hire an estate planning lawyer versus using forms I can find online?

When considering if you should hire an estate planning lawyer versus using forms you can find online, consider this: Estate planning is serious business. One wrong word or one missing signature can change the entire intent of a Will or Trust. Aside from this, the reasons listed below should be enough to convince you to go out and find and hire a lawyer to advise you and prepare your estate planning documents.

STATE LAWS GOVERN MOST ESTATE PLANNING TECHNIQUES. State laws are very specific about what can and can't be in a Will, Trust, or Power of Attorney; who can and can't serve as a Personal Representative, Trustee, health care surrogate, or attorney-in-fact; who can and can't be a witness to a Will, Trust, or Power of Attorney; and what formalities must be observed when signing a Will, Trust, or Power of Attorney.

BUYER BEWARE. The Latin phrase, “caveat emptor,” or “buyer beware,” definitely applies to estate planning. If you think that you'll save a few dollars by using forms found on the internet or in a do-it-yourself book to prepare your estate planning documents, then your family will be in for a rude awakening when they learn that part or all of your Will, Trust, or Power of Attorney isn't legally valid or won't work as you had anticipated. Thousands of dollars will then be spent by your loved ones working with a lawyer after the fact to fix your mistakes.

WE CAN HELP SORT OUT COMPLEX FAMILY OR FINANCIAL SITUATIONS. Take a look at your life and your assets to see if you fit into one or more of the following categories:

* You're in a 2nd (or 3rd or 4th) marriage
* You own one or more businesses
* You own real estate in more than one state
* You have a disabled family member
* You have minor children
* You have children with drug, alcohol, gambling, debt, or untrustworthy spouse problems
* You want to leave some or all of your estate to charity
* You have substantial assets in 401(k)s and/or IRAs
* You were recently divorced
* You recently lost a spouse or other family member
* You have a taxable estate for federal and/or state estate tax purposes

If one or more of these situations apply to you, then you'll need the counseling and advice of an experienced estate planning lawyer to draft your estate planning documents. Otherwise, it may be a probate lawyer and your state's department of revenue and/or the IRS that will receive the largest chunk of your estate.

If we can be of service to you, your family, friends, neighbors, or co-workers, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

Why it helps to hire a lawyer when you've been hurt in an auto collision.

If you've been hurt in an auto collision, hiring a lawyer can help in the following ways:

ABILITY TO ASSESS CLAIMS. At our law firm, we handle personal injury claims on a daily basis. We can assess a claim and inform the potential client whether or not the situation presents a viable claim. Additionally, we can recommend a course of legal action to pursue.

ABILITY TO HANDLE COMMUNICATIONS WITH INSURANCE COMPANIES. When you pay your bill, you have little interaction or issues with insurance companies. However, once you have been involved in a collision, your interests and the car insurance company’s interests may not align. If you have to make an uninsured motorist claim or otherwise seek recourse against your own insurance company, you may be confused about your rights. Likewise, you likely have little experience dealing with other people’s insurance companies. We are experienced with handling communications and negotiations with insurance companies.

We can handle communications with the insurance company and act as the liaison between you and the insurance company. This can help alleviate such stressful communications and remove you from the precarious position of potentially saying something that can harm your claim.

RECOMMENDATIONS FOR MEDICAL NEEDS. After a collision, you may have been physically injured. You may have never had an injury of that nature before. We have seen a number of injuries and may be able to recommend medical providers that may give you more information or that may help your treatment.

Additionally, we can discuss the potential long-term effects that your injury may have on you and your family. This information is important to know when assessing a settlement offer.

LEGAL ADVICE. Having a lawyer means that you will have access to someone who is familiar with the law and who can advise you in ways that can prevent you from adversely affecting your claim. Handling a case on your own may result in you causing irreparable damage to your case. For example, you could miss a filing deadline that can permanently bar your case.

ABILITY TO ESTIMATE SETTLEMENT VALUE. Because we routinely deal with cases like yours, we will have a good idea about what a good settlement figure would be in your case. We can tell you if your idea is unrealistic or if you are failing to take certain expenses into account if you have received a settlement that does not represent the true value of your claim.

NEGOTIATIONS WITH INSURANCE COMPANIES. Once we estimate the potential value of a claim, we can negotiate with the insurance adjuster. Most laypeople are not seasoned negotiators. They may not know the techniques to get the insurance company to pay the maximum amount on a claim.

LEGAL KNOWLEDGE. Not all cases are cut and dry. Some may involve multiple tortfeasors or raise questions of liability. We understand the laws in Washington and Idaho and can use this knowledge to consider strategies in settling your case. This knowledge may also assist us in knowing when a more extensive investigation is necessary. For example, we might need to hire private investigators or accident reconstruction experts.

LEGAL REPRESENTATION. The vast majority of personal injury cases settle well before trial. However, some insurance companies will proceed to trial in order to prevent claims of that nature from arising in the future or to avoid getting a reputation as a company that will resolve every claim through settlement. Therefore, it is important that you hire a lawyer who can provide you with competent legal representation in court.

COMPETE ON LEVEL GROUND. The insurance company that represents the defendant most definitely has a lawyer on retainer to act in the company’s interest. By trying to handle your claim yourself, you will likely be at a disadvantage. Having a lawyer ensures that you have an advocate who is vested in protecting your legal interests.

If you or a friend, family member, neighbor, or co-worker has been injured in an auto collision, give us a call at 253.858.5434 to find out how we can be of service.

Representing Clients in Commercial Real Estate Transactions

We provide services associated with commercial real estate transactions. Commercial real estate law may be complex, in that transactions are impacted by statutory limitations and requirements, contractual provisions, and often local or county restrictions or procedures as well. If you’re not familiar with the intricacies of commercial real estate law, it’s very easy to make a misstep or overlook a requirement. Fortunately, we are experienced in managing the complexities of commercial real estate transactions.

PURCHASE & SALE AGREEMENTS. The purchase and sale agreement forms the foundation of any real estate transaction. A well-constructed agreement that is clear and complete will allow the parties to avoid most questions and conflicts that might arise later in the transaction or after completion, whereas relying on a form agreement or attempting to adapt from a past transaction can leave gaps, create confusion, or even fail to fulfill legal requirements.

Each party to the transaction should be represented by their own lawyer so that the agreement can be fully negotiated and reviewed for the protection of both the buyer and the seller, reviewed on behalf of each party and thoroughly explained.

COMMERICAL REAL ESTATE CONTRACTS. There is a growing tendency toward self-help in the legal arena, particularly when it comes to matters like drafting contracts. Maybe you’ve purchased or sold commercial real estate before, and have a similar contract on hand. Or maybe you’ve found a place to download a template contract, or a service that will allow you to fill in certain details and will spit out a completed contract for a relatively low price. Unless you have extensive knowledge of the intricacies of real estate law, attempting to create a commercial real estate contract on your own is very risky. An experienced lawyer doesn’t just fill in the blanks–they anticipate issues you may not have considered, ask questions and advise you as to provisions that should be included in or removed from the lease and exactly what those provisions mean for you.

PARTNERSHIPS AND OPERATING AGREEMENTS. When you’re entering into a partnership to develop real estate or otherwise operating commercial real estate, it’s imperative that you consider and enter into an agreement with regard to every possible eventuality. But, every venture is different, and it can be difficult to account for all possible outcomes. We have the experience necessary to ensure that your partnership or operating agreement fully protects your interests, and that you understand your rights and obligations under the agreement before your project gets underway.

A commercial real estate transaction can be a minefield. Local, state, and federal laws may come into play, along with complex contractual terms and the need to provide for multiple possible contingencies. Anyone entering into a commercial transaction, whether that transaction involves the sale of real estate, the purchase of foreclosure properties, the transfer of a real estate portfolio, or some other aspect, should have an experienced lawyer on the team.

Don’t take chances with something as costly and significant as a commercial real estate transaction. We are here to offer you support and expertise, to ensure that your transaction proceeds as smoothly as possible, and that your interests are protected. Give us a call at 253.858.5434 to see how we can work together to make your transaction a success!

Preparing an Estate Inventory and Appraisement

If you've been appointed Personal Representative of an estate, you will need to thoroughly understand the scope of the decedent’s assets and debts so that you can prepare for the administration of the estate and the distribution of assets. Afterwards, you will need to estimate the value of each asset and determine the way in which the asset is owned, which will affect the process of transferring it. Even if you have a general sense of the assets involved in an estate, you should take the time to investigate whether there may be additional assets of which you are unaware. You can look in safe deposit boxes or likely hiding places in the decedent’s home, consult their friends or family members, and review key documents in the decedent’s financial papers, such as bank statements, tax returns, and investment records.

Probate requires preparing a formal inventory. You should also maintain a worksheet that lists assets for your own reference, even assets that do not need to go through probate.

REAL ESTATE, BANK ACCOUNTS, AND VEHICLES. With regard to real estate owned by the decedent, you will want to provide the address and a description of the property. For bank accounts, you will want to list the relevant bank holding the account, as well as the account number and the amount in the account at the time of the decedent’s death. If the decedent owned any vehicles, including not only cars but also boats and other vehicles, you should list the make, model, and year of the vehicle as well as its identification number.

STOCKS AND BONDS. Many people leave substantial amounts of securities to their loved ones. The inventory should include the number of shares of each type of stock, the name of the corporation, and the name of the exchange on which the stock is traded. Meanwhile, you should note the total gross amount of a bond, the name of the entity that issued it, the interest rate on the bond, and its maturity date.

LIFE INSURANCE AND RETIREMENT PLANS. For life insurance policies, you will want to list the company providing the policy, the policy number, the policyholder’s name, the type of coverage provided, and the primary and any alternate beneficiaries. You should record the amount in any retirement plan, as well as the account number and the company responsible for managing the account.

WAGES AND BUSINESS INTERESTS. You should estimate any unpaid wages, commissions, and other benefits of employment that the decedent may have been owed from their employer. If they owned a business, you will want to note the name of the business and the type of form that it took, such as a partnership, LLC, corporation, or sole proprietorship. For businesses operated with others, you will want to find more information about the ownership structure. If the decedent invested in a limited partnership, you should get a statement from the partnership on the value of the decedent’s investment.

INTELLECTUAL PROPERTY. A decedent may have had intangible assets, such as a patent on an invention or a copyright on a book. You should make note of any patents, copyright registrations, or contracts with businesses regarding intellectual property.

DEBTS AND JUDGMENTS. If the decedent loaned money to someone else or won a judgment in court, their estate has the right to collect repayment on the loan or the proceeds of the judgment. You should keep track of any promissory notes or court documents indicating a verdict or settlement in the decedent’s favor.

If you're in charge of administering a loved one's estate and need help preparing the estate inventory, give us a call at 253.858.5434 to see how we can help

Estate Planning For Families with Young Children

When you're busy raising young children, estate planning is probably not at the top of your priority list. But all families, especially those with young children, should have a basic estate plan in place. If something unfortunate were to happen, your family would be grateful that you took the time to put a plan together. Here are some things to keep in mind as you create an estate plan for your family:

1. CHOOSE GUARDIANS FOR YOUR CHILDREN. As a parent of a young child or children, the number one reason why you need an estate plan—primarily a Will—is to name who will take care of your kids if both you and the other parent pass away. If you don’t, the court will appoint a guardian. This person is usually a family member (or other capable friend), but which person? Instead of leaving it to the court to decide among family members, make the decision yourself.

If you are a single parent, it is even more important to have these decisions made as soon as possible and documented in a Will.

Many parents disagree about who they would like to raise their child. Maybe one parent thinks a grandparent would be perfect and the other parent disagrees. Or you might think of a perfect person, but they aren't ready for the responsibility. It’s better to figure all of that out now than to leave such an important decision up to a stranger.

Once you narrow down the choices, make sure to ask the potential guardian if they would be willing to take on the role.

2. MAKE YOUR WISHES KNOWN WITH A WILL AND A "LIVING WILL." A Will does more than appoint guardians for minor or dependent children. A Will also outlines exactly how you’d like to distribute your property. If you don’t have a Will, state law will decide, and it might not be to your liking.

In some states, property is split equally between a spouse and the children. If you have two children, your spouse would only receive one-third of the estate. They might need more than that to take care of everything. In this case, the portions left to the children would be difficult to access until they reached the age of majority.

Another basic estate planning document everyone needs is a "Living Will." This document lets you state your wishes for end-of-life medical care if you become incapacitated. This covers things like if you are in a coma, pain management, breathing resuscitation, and organ donation. Instead of leaving the responsibility of such a decision to a grieving loved one, specify your wishes now.

3. CONSIDER WHO WILL MANAGE YOUR CHILDREN'S FINANCES. When naming a guardian for your children, you’ll also want to consider who will manage the money and property for the children until they are reach the age of majority. This person can be the same person as the guardian, but it doesn’t have to be. If your sister is wonderful with your kids, but stinks at money management, that’s OK! You can appoint her as the guardian and appoint someone else as the trustee of your children’s money. If you don’t appoint a financial trustee, the courts will appoint a person on your behalf.

You might also want to consider establishing a trust to manage your children’s inheritance more effectively. This can reduce costs when settling an estate, and it’s easier to specify exactly how you’d like your assets distributed for your children.

4. CHOOSE A PERSONAL REPRESENTATIVE FOR YOUR ESTATE. You’ll also want to specify who will perform the mechanics of winding down your estate. This person, called a Personal Representative, will help distribute the property according to your Will, close down bank accounts, pay down debts, sell property if needed and so on. Once again, if you don’t appoint this person, the courts will decide for you.

5. NAME THE RIGHT BENEFICIARIES. Beneficiaries on life insurance and retirement accounts take precedence over what’s listed in a Will. So if you’d like your assets to go to your spouse or to your children, you’ll want to make sure you name the right beneficiaries.

Know that you shouldn’t list your minor children directly as contingent beneficiaries as they can’t own property directly until the age of majority. You’ll want to the name the trust that will hold the assets for them until they’re older.

6. APPOINT SOMEONE TO MAKE FINANCIAL AND HEALTH DECISIONS IF YOU CAN'T. Estate planning isn’t just thinking about what to do when you die. It’s also important to have documents in place that help loved ones know what to do if you become unable to make your decisions yourself. A durable power of attorney and health care power of attorney appoint a person to act on your behalf if you become incapacitated. These duties including doing simple things like paying your bills to making sure your wishes are carried out according to your Living Will if necessary.

7. GET LIFE INSURANCE. One crucial part of protecting your family after you’re gone is to make sure that they will have enough money to pay the bills after you’re gone. If you have dependent children, you need life insurance. Term life insurance is often inexpensive for young parents. You’ll want enough to cover any debts and funeral costs. Also consider how much money is needed for a transition period, living expenses, and future large costs like college.

8. REVIEW AND UPDATE YOUR ESTATE PLAN PERIODICALLY. Just as your family changes over time, so should your estate plan. Federal and state laws might change. You might expand your family, get divorced, get married, or a guardian or executor might pass away. Check in on your Will every few years to make sure it still reflects your wishes.

If you have estate planning questions, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

When should you hire a lawyer to represent you in your personal injury claim?

If you've been in an auto collision, you may need to hire a lawyer to represent you because you suffered serious injuries, or the legal rules implicated by your personal injury claim are highly complex. Sometimes, the insurance company refuses to settle in good faith. If any of the following apply to you, you should contact an experienced lawyer right away.

(1) YOU SUFFERED LONG-TERM OR PERMANENT INJURIES. If you sustained serious injuries in a collision that will require long-term care or left you with permanent disabilities, you should hire a lawyer immediately. An experienced lawyer can calculate how much your injuries are worth. Moreover, figuring out how your injuries will impact your earning capacity over time can be difficult and generally requires expert assistance. To get the most out of your personal injury claim or lawsuit, you need a lawyer who can pursue all available forms of compensation for your injuries and other losses.

(2) YOU SUFFERED SEVERE INJURIES. The amount of compensation you ultimately receive for your injuries largely depends on how severe your injuries are. Insurance companies measure the severity of your injuries by the type of injuries you sustained, the amount of your medical bills you incurred, and the length of your recovery time. As the amount of your potential compensation increases, the more likely you are to reach the limits of the at-fault party’s insurance policy. If this is the case, the insurance company may only be able to pay you a fraction of what you deserve. In these types of cases, you should hire a lawyer to make sure you receive the total amount of compensation to which you are entitled.

(3) THERE ARE MULTIPLE PARTIES INVOLVED OR LIABILITY IS NOT CLEAR. If you were involved in a collision where multiple parties may be liable for your injuries, you should contact a lawyer. When multiple drivers are involved in a collision, dealing with insurance companies can be very complicated. Because several people may have been injured, there may not be as much settlement money to go around. You could also be the subject of insurance claims from the other parties, ultimately having your settlement offer decreased or reduced to nothing because of your proportional fault for the accident.

You should always contact a lawyer if you have been injured in a collision and may be partially at-fault for the crash. A lawyer can help protect you against counterclaims and cross-claims by the other parties who were involved in the accident.

(4) THE INSURANCE COMPANY REFUSES TO PAY OR ENGAGES IN BAD FAITH TACTICS. Sometimes, insurance companies simply refuse to make a fair settlement offer or refuse to make any offer at all. If you are unable to secure a fair settlement offer from the at-fault party’s insurance company on your own, or negotiations with the insurance company have broken down, you should contact a lawyer right away.

There is also a chance that the insurance company is engaged in bad faith insurance tactics. In that case, you will need assistance from a lawyer who has experience litigating bad faith insurance claims.

If any of these situations apply to you or a member of your family, give us a call at 253.858.5434 to find out how we can help.

Representing Clients in the Restaurant, Bar, and Hospitality Industries

We represent numerous restaurants and bars and have been deeply involved in the challenges of the restaurant, liquor, and hospitality industries from a business and legal perspective. The owners of restaurants, bars, clubs, and catering companies have unique challenges. Many are family-owned businesses that have the complexity of a much larger enterprise. Many are owned by restaurant-savvy individuals who are not experienced in the legal and regulatory world. And with ever-shrinking margins, many simply cannot afford expensive lawyers to help them.

If you are contemplating starting or buying a business in the bar or restaurant industry, or if you are an established business who just wants a lawyer to advise you regarding your legal issues, give us a call at 253.858.5434 to set up an appointment. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

Duties of the Personal Representative (Executor) of an Estate

If you've been named Personal Representative of someone's estate (formerly called the Executor or Executrix), your duties will include:

* LOCATING AND SAFEGUARDING THE PROBATE ASSETS. These assets are property that have no other way of passing to a living individual. Life insurance and certain retirement accounts with beneficiary designations pass directly to beneficiaries by operation of law, so they would not be included in the probate estate.

* OBTAINING DATE OF DEATH VALUES FOR THE ESTATE'S ASSETS. This might include ordering appraisals of things like real estate and business interests.

* OBTAINING DATE OF DEATH VALUES FOR NONPROBATE ASSETS. If it appears that the estate will owe estate taxes, values for these assets must be set as well. As of 2019, only gross estates with values of more than $11.4 million are subject to federal estate taxes and only those with gross values of more than $2,193 million are subject to Washington State inheritance tax. The gross taxable estate is the total value of all the decedent owns, both probate assets and property that passes directly to a living beneficiary.

* IDENTIFYING CREDITORS AND PAYING DEBTS. This typically includes running a newspaper notice to alert all companies and individuals to whom the decedent might owe money that a probate is pending and they can then make claims to the estate for what they're owed. The Personal Representative should also send written notices directly to all creditors they can identify and locate.

* PREPARING AND FILING TAX RETURNS. This will include the decedent's final personal income tax returns for the last year of their life, if applicable. If the estate is significantly large, the PR will also prepare the estate tax returns.

* PAYING THE ONGOING EXPENSES OF ADMINISTERING THE ESTATE. The decedent's debts, taxes, and the operating expenses of the estate must be paid before probate closes. This might require that your personal representative sell or liquidate assets to raise the cash.

* DISTRIBUTE THE BALANCE OF THE ESTATE TO THE BENEFICIARIES. This typically requires preparing an inventory and an accounting and obtaining receipts to the be filed with the court.

As you can see, serving as a Personal Representative can be a big responsibility and is often a time-consuming burden. If you've been named as PR of someone's estate and have questions or need legal representation, give us a call at 253.858.5434 to set up an appointment today.