REMEMBER: Some attorney fees can be deductible on your 2019 tax return if paid by December 31st. Talk to your accountant or tax advisor to learn more.
Whether you are investing out of state or just renting out the property next door, finding a good lawyer can help you protect yourself and your business through all aspects of a real estate transaction. The right lawyer will be skilled in the laws and regulations of your area and will be available to oversee the legal details of your business deals. No matter what side of a real estate transaction you are on, whether it be buyer or seller, an experienced lawyer can assist you in a number of ways.
As a real estate investor, you may find it useful to have a lawyer to help decipher mortgage agreements or leases. However, the real benefit of working with a lawyer is that owning investment properties can open you up to a number of liabilities and the right lawyer can help protect both you and your business from any issues.
In that sense, lawyers are invaluable. When considering attorneys fees, you should simply weigh the potential cost of losing your investment properties over a legal issue versus the costs of hiring a trained professional to help ensure that does not happen. Many real estate investors consider hiring a lawyer a necessary cost, and rightfully so.
Here are some of the reasons why every investor needs a lawyer on their team:
* An experienced lawyer often has a strong handle on the local area. By being well-versed in local laws and regulations, the right lawyer can help you ensure your property, and anything done to it, are run in compliance with state and local regulations.
* When it comes to boundary disputes or survey issues in a given real estate transaction, a lawyer will be able to work with your real estate agent to ensure the process goes smoothly.
* During the selling and closing process of a home or commercial property, a lawyer can help analyze the title report and more for the property in question. They are also equipped to handle any unexpected events during the closing process.
* Investors seeking to get started in the world of commercial real estate will find a lawyer especially helpful when it comes to acquiring new properties or managing existing ones.
* Yet another way a lawyer can be of value to your team is during the rehab process. When it comes to hiring contractors, a lawyer can assist you in the creation of an agreement to protect you and your property throughout the process.
* Finally, perhaps the most important reason to work with a lawyer is that they can help prevent your business structure from being open to certain liabilities. By anticipating any legal issues, a lawyer can ultimately save you time and money in the long run.
If you or your company invest in real estate and have questions about how we can be of service, 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.
It is important to start thinking about, and preparing for, the unexpected. Many people will wait until they become older to think about end of life issues, but accidents and disability can put tough decisions in front of families sooner than they anticipated. Advance directives help to ensure that your preferences for medical treatment are met and carried out when you’re unable to communicate them yourself. There are various types of these directives – such as DNR orders and Directives to Physicians. They’re not as similar as you might think.
WHAT DOES "DNR" MEAN? A Do Not Resuscitate (DNR) order is a type of advance directive, which indicates that you do not wish to receive CPR should your heart stop beating or you stop breathing. Without a DNR order in place, medical personnel will always attempt to help any patient in this scenario, regardless of the consequences. These orders are in place to not only prevent CPR from being administered, but also the use of artificial breathing tubes, electric heart shocks, and any other invasive emergency techniques.
There are two different types of DNR orders. An out-of-hospital, or prehospital, DNR order (called a POLST in Washington) provides emergency medical personnel who may treat you with directions to not revive you. If you’ve been admitted to a hospital, you can submit a separate DNR order that will be noted on your medical chart. Hospitals and doctors in every state are required to accept DRN orders.
A DNR order isn’t for everybody. Most who consider it are either terminally ill or are at a high risk for cardiac or respiratory arrest. It’s important to note that DNR orders are never permanent, and can be revoked at any time, should you choose to change your mind. You should consult with your doctor before signing a DNR for yourself or a loved one.
WHAT IS A DIRECTIVE TO PHYSICIANS? A Directive to Physicians is another type of advance directive. It helps you communicate your wishes regarding future medical treatment when you’re no longer able to do so because of an illness or injury. You can specify for the withholding or provision of medical care should you be diagnosed with a terminal/irreversible condition – as long as the condition is certified by your physician.
Take some time to discuss these wishes with your family, and especially with your physician, as they may be able to provide you with valuable resources to assist you in finalizing your directive.
Be sure copies of this directive get distributed to your doctor, local hospital, family, or person holding your health care power of attorney. You will also need to provide guidance to them on the specifics of your treatment that is listed in the directive. You can also provide additional instruction and peace of mind to your family and loved ones by providing a written plan of care that is drafted with the assistance of a lawyer or social worker. Also, consider reviewing your advance directives periodically, in case your preferences or persons making the decisions for you happen to change over time.
HOW ARE THEY DIFFERENT? Though a DNR order and a Directive to Physicians are both advance directives, they both serve a different purpose for different people. Whereas a Directive to Physicians is imperative for everyone to prepare at some point in their lives, DNR orders are more for those who expect to have a medical emergency either at home or in public.
Simply think of it this way: a Directive to Physicians describes the treatment (or lack thereof) you wish to receive in the future when you become too impaired to make decisions. DNR orders are implicit, and describe what should happen to you in the exact moment that you become incapacitated.
If you have questions about these or other estate planning issues, 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.
Do you have kids? Grandkids? Do you own a house? Then you need a Will. You need an entire estate plan, in fact. Depending on your circumstances, this can include a Will, a Trust, a Community Property Agreement, a Durable Power of Attorney, a Health Care Power of Attorney, a Power of Attorney for Minor Children's Health Care, a Directive to Physicians, and/or a number of other legal documents. Having a well-thought out, well-prepared estate plan in place makes life so much easier for your family in the event of your death or disability. If you have estate planning questions, give us a call at 253.858.5434 to set up an appointment today. We advise clients on estate planning matters on a flat fee basis and proudly represent clients throughout Washington and Idaho. We are available to meet in person, by phone, or via Skype or FaceTime.
Are you an artist, author, musician, or songwriter? Once you’re working as a successful artist, and your name is becoming more and more prolific, there are going to be plenty of roadblocks, and the potential for pitfalls, along the way. Having the advice of a lawyer can help. From not understanding the explicit terms of a contract, to failing to register your copyright or trademark and losing thousands of dollars in the process, or even defending against claims or potential lawsuits involving your work, there are plenty of reasons why an artist would want to hire a lawyer. Here are some of them:
LAWYERS CAN HELP YOU REGISTER YOUR COPYRIGHTS. From the moment you create work, you want to make sure that it’s protected from infringement. Say for example, you just took a photograph in the Olympics, and after editing it you posted the photo on your website. Within minutes, your image is being distributed by an outdoor apparel company, without crediting or compensating you. You’re wondering what you can do to stop them–and a lawyer can help, along with developing a strategy to keep this from happening again in the future.
Understanding when to file your copyrights is a critical aspect of the process. The U.S. Copyright Office defines publication as "the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication.”
But these days, can you consider a work “published” if it’s posted to the internet? The answer to that question is tricky. On the one hand, some might argue that posting an image to the internet and then encouraging or allowing users to make copies and distribute the image–whether electronically on the internet or by purchasing prints of the image–then the image is published. However, if you post the image without giving users the explicit option to re-post, purchase, or distribute, then an image isn’t considered published. Though that may seem contradictory to your end game, which is to stop your photo from being disseminated without your permission, those steps are necessary to be able to protect your work with a copyright.
Another consideration when determining when to register your copyrights is how often you’ll be submitting your work for registration. Will you register multiple works at once or take a one-by-one approach? Which is more cost-effective? What about time effective? When you work with a lawyer, they take care of the strategy for you–leaving you with extra time and money to work on what you do best. Make art.
LAWYERS NEGOTIATE ARTISTS' CONTRACT TERMS. Contracts are one of those tricky instruments that most artists think they can pull off themselves. With plenty of templates and resources out there, getting a contract written up and signed should be easy, right? Well, sort of–if you’re not terribly concerned about exactly what it is you’re signing away. You see, contracts can be written and executed by anyone, the terms of which then become binding. But the reason you hire a lawyer to draft your contract is because you want to make sure you’ve got a clause that addresses how to handle absolutely any kind of situation that could arise based on your contract. For example, it’s important to define which laws govern your agreement. Is there a statute that protects or limits certain remedies under the contract? Where will you argue the case if a dispute arises? Does the contract provide for a specific court? Or will both parties go to arbitration? What kinds of rights do you have, as an artist, under the contract? Do you own the exclusive rights to the copyright in this work, or could this work be considered a work-for-hire employment agreement? What happens if the terms of the contract aren’t met?
While you think it’s worth saving yourself the money of having your contracts reviewed by a lawyer, it’s important to realize that as an artist, you may wind up spending considerably more recovering what you’re owed under a bad contract. By working with a lawyer, you can create a standard contract that you use with all of your clients, that way it’s essentially a one-time fee for a lifetime of legal protection when dealing with new clients. Similarly, if a client is presenting their own contract to you, it’s better to have a lawyer look it over and understand what rights you’re giving away under the contract than to sign it at first glance.
LAWYERS HELP ARTISTS FEND OFF ANY DMCA CLAIMS. As an artist, there are two different instances in which you can run into issues with the Digital Millennium Copyright Act (DMCA), otherwise known as the DMCA: Either you are posting content without permission, or someone is posting your content without yours. Either way, you’re going to want a lawyer’s advice before you take on the issue yourself. Why? Because the DMCA is a highly discussed, not-so-easily understood law with many, many defenses, and often times big companies go after little guys because they know they’re easily scared. For example, let’s say you saw a photo on the internet that you were confident was sufficiently ironic to make an awesome meme on its subject. You downloaded the photo from Google Images, carefully crafted it with your own spin, and then shared the image on your blog or Instagram. Within a week, Getty Images was sending you take down notices, advising that you now owe them $3,000 for your use of the image. Rather than panic, you might want to speak to a lawyer – who would help you craft a response letter to Getty and let them know you wouldn’t be giving them a dime. Your use of their image constitutes fair use, since you’re using the image as a parody on the original.
Or maybe you’ve just found out that a Facebook user has posted your latest YouTube video on their page, where it’s getting millions of hits and robbing you of potential dollars for views under the agreement you have with YouTube. You’ve sent a takedown notice to Facebook, but you can’t make up the lost money. Plus, the Facebook user has submitted a counter to Facebook, alleging that he had the right to post the content, even though he didn’t. Under DMCA, Facebook doesn’t have to police this situation, and they won’t. If you want to get your money back, you’re going to have to take this to court. And while the burden of going to court may seem prohibitive, a lawyer can make the task worth your while, since it’s likely that you could recover more than what you’re owed in lost profits.
LAWYERS ACTUALLY SAVE ARTISTS MONEY. Lawyers often have a reputation for being expensive, but expertise does come with a price. As an artist, you wouldn’t want someone to offer you less than your creative product is worth. And lawyers, though somewhat costly, can help you avoid those situations. They can also ensure that you’re setting up your business model and contracts in precisely the way you need to in order to avoid unnecessary future costs that you weren’t expecting–such as having to litigate over a bad clause in a contract. If you’re an artist experiencing growth in your career, now might be a good time to call a lawyer. Give us a call at 253.858.5434 to find out how we can be of service.
Trust administration is a complex, confusing area of the law, one in which some lawyers lack the experience to practice. We will not only draft trusts, but we will also immediately help you fund the trusts with assets such as real estate, stocks, bonds and other types of personal property. We will assist trustees to manage trust property throughout the life of the trust.
After the death of the first spouse, we will help you with the next phase of trust administration—dissolving the original trust and creating two or three trusts in which to transfer property. Determining whether to create an A, B, or C trust, or a spousal, bypass, or marital trust (commonly a qualified terminable interest property or "QTIP" trust) is complex, requiring the assistance of a lawyer experienced in trust administration. Our law firm—with the assistance of appraisers and financial advisors—will advise you about what trusts to create and what property to transfer into them.
When the second spouse passes away, we will help the new trustee interpret trust documents, understand his or her duties as a trustee, and ensure that the trust is managed and dissolved correctly. We will guide you from creating the initial trust until dissolving the final trust.
If you have questions about administering a trust, give us a call at 253.858.5434 to see how we can be of service.
It’s a tough thing for any parent to think about: Do you know what would happen to your kids if you were to pass away? Who would be their primary caretaker? Would they have enough money for necessities, let alone college?
The questions are numerous, and the answers aren’t easy. The topic is unpleasant, so many Americans avoid it all together, so much so that a recent survey shows that nearly 64% of Americans don’t have a Will.
Put yourself in the driver’s seat and avoid leaving decisions about your family up to the Court by creating a Will. Start with these five key questions:
WHO WILL TAKE CARE OF MY CHILDREN? This is probably one of the most important questions you will ask yourself when estate planning, and for that reason, it’s often the hardest to answer. Choosing a guardian now can give you peace of mind, knowing that if something were to happen to one or both parents, your children would be raised by a close friend or family member of your choosing. Help narrow down your choice of guardian by considering the following questions:
* Is the person physically able to care for your kids?
* Does the person live close? If not, would he or she consider relocation?
* Are this person’s finances and relationships stable?
* Will the person give your children the life you want for them?
DO I HAVE LIFE INSURANCE? Although there are many benefits of life insurance, one of the greatest benefits is that it can help ensure your children have the financial security necessary to live out their dreams. If you were no longer here to support your kids, it can provide funding to pay outstanding debt, maintain your children’s standard of living, and even pay for college.
Not all life insurance policies are created equal. A financial advisor can help you understand different types of insurance and what’s best for your unique needs. A professional can also work with you to choose a beneficiary of the life insurance—which is an especially big decision if you have minor children.
DO I HAVE A TRUST? The basic function of every estate plan is to determine who should receive what and when. Creating a legal document that spells out what you want to happen to your assets takes out unnecessary stress and confusion. If you leave children behind, a Trust can help you specify how and when to pass money and your belongings to your children.
If you think that your child’s guardian would automatically be able to use inheritance money to care for your children then you’d likely be wrong. By default, the court—not the guardian—will control the inheritance before the child reaches legal age. If you’d like to avoid any confusion as to what your children inherit and when, a Trust may be a good choice for you. Within a Trust you can decide who will manage the money and decide when the children will receive trust assets and for what purposes.
WHO WILL MANAGE ALL OF MY ASSETS? An average American family may have accumulated assets such as cars, real estate, retirement accounts, life insurance, brokerage accounts, and education funds. Making sure your assets are managed and distributed according to your wishes after you pass could prove to be difficult and time consuming. Selecting a competent and trusted Personal Representative, a person charged with carrying out your last wishes, is key. Often people choose a spouse, an older child, or a trusted friend to serve as Personal Representative and administer their estate.
WHO WILL MAKE MEDICAL AND FINANCIAL DECISIONS IF I’M SERIOUSLY INJURED? Many people think about estate planning in the context of someone dying—but it’s equally important if you’re sick or injured and can’t make decisions for yourself. Having a health care power of attorney and a durable power of attorney for finances will ensure someone can manage your care and finances if you’re not able. Although laws vary from state to state, if you’re married, your spouse would likely be legally able to make important medical decisions on your behalf. To make sure things go smoothly, you should have your lawyer draft a health care directive and powers of attorney and name your surviving spouse or trusted friend or family member as the attorney-in-fact and health care agent.
You can probably think of a million things you’d rather do than tackle the difficult questions that surround estate planning, but think about the alternative: the Court making the decisions for you. Once your plan is in place, it’s a good idea to review and update on a regular basis, especially when major life events or financial changes occur.
If you have questions about estate planning to take care of your children if something happens to you, 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.
In addition to legal services, our law firm provides trustee services to clients as well. We can act as trustee, providing trustee services, making sure the provisions of a trust are carried out, and defending the interests of the trusts we serve. We offer clients a level of attention that can develop only when there is a personal connection with our clients. Because of our long-standing relationships with our clients across practice areas, we can provide advice and counsel that frequently includes practical help.
We assist beneficiaries of special needs and spendthrift trusts and try to assist these clients by paying bills, investing and disbursing funds, and protecting them from creditors and others whose interest may last only as long as the money. Our trustee services include holding and managing the assets of the trust and reporting regularly to the beneficiaries about the performance of the funds in our care. We make sure the wishes of our clients are carried out.
To protect the trust assets and provide disinterested advice, we work with experienced financial advisors, accountants, and bankers to advise our clients. These arrangements offer an unusual level of safety. However, we are also flexible, and happy to work with any custodian or investment advisor named by the client. In short, our services as a trustee are tailored to the client’s needs and desires.
Our continuity of service and a knowledge of our clients' situations are the basis of a long lasting relationship, worth much more than the management fee to the client. If you need a professional fiduciary to serve as trustee of a family trust or testamentary trust and want to know more about the services we provide, give us a call at 253.858.5434 to set up an appointment today.
If you're a business owner in Washington (particularly in King, Pierce, or Snohomish County), you're probably wondering how this month's election results will affect you. While the election results are not yet certified, there has been quite a bit of speculation about what the preliminary results may mean for area businesses.
In this month's election, there were 12 advisory votes on the ballot allowing voters the option to maintain or repeal 2019 tax legislation. However, these results are non-binding and do not repeal these laws. The advisory votes originated from a 2007 ballot measure from initiative-filer Tim Eyman. In interviews, Eyman's stated intent with the advisory votes is to inform voters of the tax measures taken by the legislature in the last year. However, in practice they are often confusing to voters since they are non-binding and do not contain details of the underlying legislation or its impact on revenues and spending.
The bottom line for business owners in Washington is that increased taxes such as the Real Estate Excise Tax and the Service Business & Occupation surcharge to fund workforce education will still take effect January 1, 2020 - despite voters advising the legislature to repeal these measures.
Also noteworthy is that Tim Eyman's statewide Initiative 976 is projected to pass. This measure reduces the annual car tab fee to $30 by repealing cities' authority to charge car tab fees for local transportation projects and rolling back fees used by Sound Transit. In response, Gov. Inslee's office has put a hold on upcoming transportation spending due to the anticipated budget losses. This could impact contractors and real estate developers, specifically, as these transportation projects may get delayed or cancelled. However, news sources indicate there may be litigation on this issue, so the ultimate impact is still unknown.
Many new business owners wonder: Do I need a lawyer to form an LLC? The short answer is no, but the long answer--more accurate and more complicated--is maybe. Simply put, forming an LLC does not require a lawyer. Most states allow business owners to form an LLC on their own.
Some lawyers offer LLC formation services as part of their professional services to small business owners, but it is not legally necessary to hire a lawyer to help you with this aspect of starting your business. However, there are a variety of circumstances in which it does make sense to hire a lawyer to help with issues related to forming or operating your LLC.
WHEN YOU NEED A LAWYER: COMPLICATED BUSINESS FORMATION ISSUES. For many small business owners, forming an LLC is the best choice of legal business entity. LLCs are simple and flexible, and they give you the ability to manage your business as a single member/owner or with additional partners. However, if you have more complex questions about which business entity is right for you, then it might be worth hiring a lawyer to consult about your options and help you make the right choice of business structure. This could be the case if you have investors who want an ownership stake in your LLC, if you want to get venture capital funding, or if you want to eventually go public with your company and issue publicly traded stock.
LAWYERS CAN HELP WRITE CONTRACTS. Contracts are one of the fundamental elements of the business world. A well-written contract can protect your legal rights and ensure that both sides of a business transaction get what they were promised: your business delivers the goods or services, and your customer delivers the cash.
There are many websites promising to offer templates for various contracts, and in some cases you might be safe enough with those. But if you want to make sure your legal rights, intellectual property, business reputation, and other aspects of making money are protected against the worst-case scenarios and liabilities, you may consider hiring a lawyer to help craft a standard contract for your business. A customized contract would be specifically tailored to your industry, target market, and frequently encountered business issues. Experienced lawyers are well-versed in the law and can draft a contract that will protect your rights while anticipating (and buttressing against) the possible ways a deal can go sour. Spending a few hundred dollars today on legal services to craft a well-written contract for your business can potentially help you save many thousands of dollars in the future.
HR ISSUES: HIRING AND MANAGING EMPLOYEES. As your business grows, you might get to the point where you’re ready to start hiring employees. Going from a single-member LLC to a larger company with full-time employees is a major step in terms of legal obligations and regulatory compliance, and this is an occasion where you will probably be better off hiring a lawyer to help you navigate the complexities. For example, when hiring employees, there are a variety of legal issues related to things like:
* Complying with state and federal labor laws
* Maintaining a safe workplace
* Paying into the unemployment insurance system
* Managing your company in a fair and equitable manner (to protect yourself from lawsuits for workplace discrimination)
If you’re going to invest thousands of dollars per year in hiring employees, you should be prepared to invest some money up front consulting with a lawyer who can advise you on how to manage your employees, create an employee handbook, comply with relevant labor laws, etc.
HIRING THE RIGHT LAWYER. Hiring lawyers for your LLC is similar to hiring other professionals: Sometimes the best way is to ask around for referrals. If you don’t know any lawyers who have the relevant experience or expertise, consider joining a local business association, or attend some lunch-and-learn seminars where local lawyers are giving presentations. You could also start by reading some relevant articles by various lawyers in legal journals, business publications, or law firm websites or social media to get a sense of their style and expertise.
Good lawyers are not cheap, but they’re often worth more than they cost. A smart, efficient, experienced lawyer can help you save a lot of money in the long run by anticipating problems before they happen, filling the gaps in your legal protections, or crafting customized solutions that fit the unique needs of your business. Don’t be afraid to call upon your lawyer to help with the various business and legal issues that might affect your LLC; it will help you stay in compliance with the law, stay in good standing with regulators, and stay ahead of the competition while protecting your rights and income from some of the worst-case scenarios of being in business.
We have been representing small businesses and their owners since 1996. If we can be of service to you, your friends, family, neighbors, or co-workers, give us call at 253.858.5434 to set up an appointment today. We present clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.
Personal Representatives (PRs) of estates must notify several interested parties when someone dies. Notifying known and unknown creditors of the death is one of the first things a PR should do. Once public notice of the testator's death is published, creditors have four months to make claims for repayment against the estate.
Creditors may include lenders, credit card companies, medical facilities, legal service providers, accountants, investment advisers, or a plaintiff in a tort case against the estate. The PR may even be a creditor. Each party requires notice of death by a certain deadline.
When creditors make on-time claims against the estate, you as the PR have specific duties:
* First, you must review and scrutinize each claim for all information necessary to possibly pay the debt to the correct party and to validate the basis of the claim.
* The probate court may need to rule as to whether is claim received is an allowed claim.
* If there are enough assets in the estate to cover an allowed claim, you should pay the debt.
* If there are not enough assets to cover the claim, you must notify the creditor of the deficiency and notify the Court of the insolvency of the estate.
* At this point, you need an experienced lawyer as counsel, if you do not already have one. Certain creditors must be paid before others and some creditors not at all, depending on each circumstance.
Known creditors are those you will be able to reasonably find evidence of by looking back into the testator's (decedent's) records over the last few years. Your lawyer will send them notices directly, notifying them of the death and that the estate has been opened. Unknown creditors are those that you cannot find through reasonable means in a timely manner. This is the purpose of the public notice.
If you've been named Personal Representative of someone's estate and have questions about creditors' claims, give us a call at 253.858.5434 to see how we can help.
We provide estate planning legal services on a flat fee basis. We believe that all parties benefit from transparent information regarding costs. You’re making an estate plan so there are no surprises for your family regarding your assets after death. Certainly, the last thing you want is to be surprised at the cost of estate planning documents while you’re living!
When we talk with people who want to complete an estate plan but are procrastinating, a common concern that comes up is cost. People are concerned (and rightly so) about how much money they have to fork over for an estate plan. So, no matter what lawyer you hire to draft or update your estate plan (and you do indeed need a lawyer to have this done right) make sure they’re completely up front with you about what it will cost.
There is no such thing as a “one-size-fits-all” estate plan. Estate plans—their terms, coverage, ins and outs—depend on a myriad of individual circumstances and indeed preferences. When we meet with new clients for the first time, we’ll talk about your estate planning situation. We usually meet clients in our office in Gig Harbor, but we’ve also met folks at coffee shops, restaurants, hospitals, and their houses. (We do make house calls!) Regardless of place, we’ll walk through your estate planning questionnaire and listen carefully as you describe your intentions. we’ll answer your questions and address your concerns. Once we are both satisfied that we understand each other, we’ll give you our legal advice and recommendations. We’ll tell you in plain language what we think you need and why we think you need it. We’ll also tell you the exact cost. Because we use a flat fee approach, you’ll get a 100% reliable figure.
So, now that the cost of an estate plan has been demystified, why not take control of your future and set your family and friends up for a smooth transition of all your assets in the case of illness, incapacitation, or death? Feel free to reach out at any time by calling 253.858.5434 or emailing steve@aitalaw.com.
Social media can be an oversharer’s dream, but they're a personal injury lawyer's nightmare. For personal injury claimants, one ill-advised status update can have a negative impact on their settlement or verdict.
Everything that’s posted on social media is considered public, and even the most well meaning remarks about a personal injury claim could potentially be used against a claimant by the defense. For this reason, we’ve assembled the following social media guidelines for clients currently involved in a personal injury claim.
(1) DO NOT DISCUSS YOUR CASE ONLINE. First off—regardless of what you plan on posting—it’s typically a good idea to ensure your personal social media accounts are set to private. This prevents outside parties from being able to easily comb through everything you publish online. However, no matter what your privacy settings, you should refrain from posting anything relating to your personal injury case. This includes meetings, doctor’s visits, and any interactions with your insurance company. Anything relating to your case is best kept off social media.
(2) DON'T POST UPDATES ON YOUR INJURIES, TREATMENTS, OR OVERALL PHYSICAL CONDITION. Despite often being the exact type of update you’d like to share with friends, publishing updates about your injuries and treatment can potentially damage your case. Updates can be taken out of context and occasionally viewed in a way that diminishes your potential settlement. As a result, publicly discussing any facet of your treatments isn’t worth the risk.
(3) DO NOT POST ANYTHING RELATING TO PHYSICAL ACTIVITIES (INCLUDING TRAVEL) WHILE YOUR CASE IS ONGOING. This should be a no brainer, but if you’re currently engaged in a claim or litigation surrounding a personal injury, posting pictures of a recent ski trip, camping trip, hike, or other strenuous activity can be hugely damaging to your case. Even if you’re dealing with chronic pain or still suffering from serious injuries, pictures of you engaging in seemingly “healthy” activities can induce skepticism and jeopardize your case.
(4) IF IN DOUBT, DON'T POST ANYTHING. You might be sensing a pattern here, but if you have the slightest inclination that a post could be damaging to your case, chances are you’re right. Erring on the side of caution is a good rule of thumb, and you’re not ever going to do harm to your case by simply staying silent online.
(5) ADVISE FRIENDS AND FAMILY MEMBERS TO EXERCISE GOOD JUDGMENT WITH THEIR POSTS. Unfortunately, not only are you responsible for your own posts, but you’re also responsible for the posts of any friends or family members who might tag you on their own social media accounts. Because of this, it’s prudent to caution them to refrain from tagging you in any posts that may have a negative impact on your case.
In some instances, if a confidential settlement is reached, it can be necessary to counsel family to adhere to the agreement and refrain from posting anything that could be considered in violation of your settlement. For a real-life example, look no further than the 2014 headline-grabbing case in Florida in which a man’s daughter cost him an $80,000 settlement after she publicly gloated on Facebook.
When it comes down to it, one careless update can have massive unintended consequences. Exercise good judgment, think before you share, and make sure you communicate the importance of wise social media usage to those around you. There’s no reason to let social media get in the way of resolving your personal injury claim.
If you've been injured in an auto collision or other incident and have questions, give us call at 253.858.5434 to see how we can help.
Nonprofit organizations often bypass much-needed legal services because they're operating on a limited budget. But it's often cheaper to avoid problems than to fix them. While many tools are available to help form a nonprofit without a lawyer, every nonprofit is unique. It's all too easy to go astray, for example by:
(1) Forming the wrong type of business. You'll need to choose between forming a nonprofit corporation or some other association or legal entity. Each has advantages and disadvantages. If you form one that turns out not to fit your organization’s activities, you'll have to spend time and money fixing this. A brief consultation with a lawyer can help determine which to choose.
(2) Failing to follow applicable laws. Nonprofit organizations must abide by both state and federal laws, the applicable portions of which can be difficult to find, combine, and interpret. For example, nonprofits are required to be transparent with how they spend their funds, and implement strict financial record-keeping systems. A lawyer who understands the complexities can guide you.
(3) Not including proper language in internal documents. Nonprofit corporations must adopt bylaws and a conflict of interest policy, using specific language, in order to receive tax exemption from the IRS and have their articles of incorporation accepted by the state where they do business.
(4) Using the wrong type of contract or policies. Let's say the board of your nonprofit decides to require each member to spend ten hours a month fundraising. If that’s not stated in the board manual, there’s no way to hold board members to that promise. While sample policies for such purposes can be found online, a lawyer is in the best position to draft or review such a policy and make sure it complies with state law.
(5) Improper filings. A lot needs to be filed when you form a nonprofit organization; for example, with the state where your nonprofit will be operating, as well as with the IRS, for tax exemption. Mistakes can extend the time it takes to form your nonprofit and get it operational.
(6) Not considering issues with nonprofit’s name and logo. You can start the research process as to whether another nonprofit is already using your chosen name or logo on your own. But if you discover that another nonprofit is using a similar name or logo, you'll probably want a lawyer to analyze whether you truly face trademark issues, so as to prevent a legal showdown and expensive rebranding.
We've been representing nonprofit organizations and churches for 23 years. If we can be of service to your organization, give us a call at 253.858.5434 to set up an appointment today.
Many people use Revocable Living Trusts as part of their estate plan because they can save time and money on the administrative end. While this is certainly true as a general rule, trust administration is not without its pitfalls.
Since 1996, we have helped trustees with trust administration from start to finish, and can provide as much – or as little – assistance as is required by the trustee. If you are a trustee administering a trust, you may be asking yourself some of the following questions:
* Who should I notify about the trust administration?
* Should I pay expenses with trust funds?
* How do I get a tax ID number for the trust and establish a bank account?
* How do I prepare an inventory of trust assets?
* Can I give items away?
* What should I do if someone else has possession of trust property?
* Do I need to account to beneficiaries for the income, expenses, gains, and losses incurred by the trust?
* To whom should distributions be made?
* When should distributions be made?
* How do I go about closing a trust?
* What steps can I take to ensure I will have no more liability after the trust is closed?
These are just a few of the many questions that are likely to arise in the typical trust administration context. So, although trust administration is normally done without court supervision, the advice of a lawyer who is experienced in trust and estate administration is strongly recommended.
Trustees owe fiduciary duties to trust beneficiaries, and ignorance of the law is no excuse for trustee misconduct or mismanagement. Because most trusts provide for payment of attorney fees directly from trust assets, there is really no reason for a trustee to attempt to “go it alone” when attempting to navigate the complex requirements of trust administration.
If you are a trustee and are looking for guidance with a trust administration matter, give us a call today at 253.858.5434 to schedule an initial consultation. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.