Making a Will is a good idea at any age because we never know what's going to happen. No matter your age or health, a Will ensures that your assets will go where you want.

Making a Will is a good idea at any age because we never know what’s going to happen. No matter your age or health, a Will ensures that your savings and assets will be distributed in the way you want. If you write your Will on your own and if it’s not legally sound or doesn't meet the requirements for a valid Will in the state where you live, you may not be able to fix it when it’s necessary. That’s why it’s a smart idea to consult with a lawyer to draft or revise your Will.

A lawyer can also make sure that everything you include in your Will is carried out since you won’t be able to do this yourself. This is done through the probate process. There are a lot of myths and misinformation out there about probate. Probate sounds like a complex and expensive process. However, probate is actually a very common legal procedure and is the way that some assets must be formally passed from the deceased person to their heirs or beneficiaries. Whether probate is needed depends on the type of property, how it is owned, and what the state laws are.

WHAT DOES PROBATE MEAN? Probate is a procedure through which assets are legally passed. For very large estates, the probate process can be a complex procedure. However, for most people, it's a very simple formality. At its most basic, probate is really just a judge giving legal permission for assets to be passed on, whether or not there is a Will.

WHEN DOES PROBATE APPLY? Most people think of probate as involving a Will. If a person dies and leaves a Will, then probate is required to implement the provisions of that will. This is called a "testate estate." Probate also happens if a person dies without a Will and has property that needs to be distributed under the state laws of inheritance. This is called an "intestate estate." If the decedent owned an account that named a beneficiary (such as a retirement account) but the beneficiary has passed away before the owner of the account, probate law requires that account to go through probate so that the funds can be passed to the person legally entitled to them under state law.

CAN'T YOU SKIP PROBATE? Some people don’t want to probate a Will. There is no requirement that a Will or property go through probate, but if the decedent owned property that is not arranged specifically to avoid probate, there is no way for the beneficiaries to obtain legal ownership without it.

WHAT IS A SMALL ESTATE AFFIDAVIT? Most states recognize that a full probate process can be expensive and time-consuming. Because of this, small estates are usually eligible for a simplified process that generally does not require a lawyer. Here in Washington, for example, if the decedent’s estate is less than $100,000 and does not include any real estate, a small estate affidavit can be used.

PROBATE AVOIDANCE. It is possible to avoid probate entirely with careful planning. This is desirable for some people because doing so reduces legal fees and saves time. Avoiding probate can also protect privacy, since some of the records may not be available to the public.

One of the most popular ways to avoid probate is through the use of a Revocable Living Trust. Assets are placed in the trust, but they can used by the trust creator during their lifetime. Upon death, assets in the trust are passed to the trust beneficiaries just by operation of the trust document. No probate is necessary.

Life insurance policies pass property outside of probate. Whoever you name as beneficiary on your life insurance policy will receive the death benefit directly with no probate process.

Some retirement accounts can pass outside of probate. The account owner names a beneficiary and that person then receives the balance of the account after the owner’s death. Payable on death accounts operate the same way.

Real estate that is owned as joint tenants passes outside of probate as well. This type of property has two owners. When the first owner passes away, the second one automatically owns the property.

Most families will have some contact with a probate court whether or not a Will was created, but in most cases, especially in Washington and Idaho, the process is streamlined and inexpensive. If you have questions about the probate, give us call at 253.858.5434 to see how we can help. We represent clients throughout Washington and Idaho and are available to meet in person (with appropriate social distancing protocols in place), by phone, or via video conference.

Estate plans aren't just a "set it and forget it" type of thing.

I think I've told clients, "Estate plans aren't just a 'set it and forget it' type of thing" at least three or four times this week. We do regular reviews of our clients' estate planning files in April and October each year. Each client's file gets reviewed and a letter sent with a checklist every 3-4 years, or more often if circumstances warrant it. Because the universe is fluid; our lives change, our financial situations change, our health changes, technology changes, our family relationships change, the law changes, and the world in general changes. If it's been a while since you've last reviewed or updated your Will, Power of Attorney, Trust, etc., give us a call for a review to see if we'd recommend any changes. Or if you've never made an estate plan and want some legal advice on where to start, give us a call at 253.858.5434 to see how we can help.

Discounts on Estate Planning Legal Services for Front Line Health Care Workers - Our Way to Say "Thanks!"

To all of you front line health care workers - THANK YOU! We know that right now you're pretty swamped, but when you get a minute to take care of some stuff for yourself, we're here for you. During this COVID crisis, if you're an active physician, nurse, EMT, CNA, or other health care worker, we'll give you a full estate plan (Wills, Trusts, Powers of Attorney, Living Wills, etc.) at half the usual rate. You take care of us and our loved ones, so we'll help take care of you and yours. Just our way of expressing our gratitude for all you've done - and continue to do! So again, THANKS!

We are open for Will signings during this stay-at-home order, but ask that most other client meetings take place by phone or video conference.

We are open for business during this second emergency stay-at-home order. We ask that most client meetings take place by phone or video conference, but particularly at this time when people are focusing on their families' health and safety, we recognize the essential nature of estate planning legal services as clients plan and prepare to make sure their loved ones are taken care of. Therefore, we will still be doing in-person Will signings at our office here in Gig Harbor, as these documents still require witnesses and a notary public, with appropriate social distancing and sanitization protocols in place and mask usage required. Please feel free to call us at 253.858.5434 with any questions or concerns. Thank you and stay safe!

Few experiences create the mix of confusion, stress, and anxiety that results from an auto collision. We can explain your rights and options for recovering your losses.

Few experiences create the mix of confusion, stress, and anxiety that results from an auto collision. So much happens in the moments and days that follow a collision, and amidst the chaos of it all, you have to make significant decisions that can affect you for years to come.

What you do at the scene of the crash and the days after can dramatically affect your ability to recover compensation for your damages. Figuring out the right course of action can overwhelm a person on the best of days—never mind a person who suffers from the pain of their injuries and the anxiety of how they will pay for the expenses headed their way.

The good news is, if another party’s negligence caused your collision, you should not have to worry about bearing the burden of these costs. An experienced lawyer can explain your legal rights and options for how to recover your losses.

So, what should you do immediately following a car crash? Stay at the scene. Leaving the scene could qualify you as a hit-and-run driver. If someone suffered injuries or death from the collision, and you leave the scene, you risk facing criminal charges and serious penalties.

Instead, if your physical condition permits, check on the other people involved in the accident. If someone needs medical help, call 911. Do not move any individual who expresses they experience back or neck pain, unless a hazard exists that puts the person in imminent danger.

Call the police so they will send someone out to write and file a traffic collision report. You will need this report later when you file your insurance claim.

You should exchange basic information (your name, driver’s license number, insurance information, and license plate number) with other parties. Behave in a polite and civil manner, but do not say you are sorry or express any knowledge of wrongdoing on your behalf, as doing so will lay the groundwork for your legal liability.

If possible, talk to witnesses about what they saw and get their names and contact information so your lawyer can later talk to them about what happened and use their accounts to build your case for compensation. If you have your phone or a camera with you, take pictures of the scene and the damage to the vehicles.

Call your insurance company and give them the basic facts of the incident. Cooperate and be truthful; otherwise, they could later deny your claim.

You can also call a lawyer, especially if you suffered an injury in the collision. 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 believe estate planning is an intensely personal and human exercise that incorporates your values, wisdom, and principles into what would otherwise be sterile documents.

We believe estate planning is much more than an administrative discipline; it is an intensely personal and human exercise that incorporates your values, wisdom, and core principles into what would otherwise be sterile and ultimately ineffective documents. We truly have a passion for preserving your family's values, heritage, and wealth for generations.

But in our experience, most people have no idea how their estate plans will actually work. The real tragedy is that most problems don't arise until after it's too late to fix them. We have a passion for educating people about the pitfalls of traditional estate planning and helping them navigate the many estate planning challenges presented by our current tax and legal landscape.

There are many areas where estate plans fail. Some of the more common failures include:

* Probates happen, MORE OFTEN THAN NOT, even where you created a living trust with the specific objective of avoiding probate.

* Unintended heirs receive property that should have gone to someone else.

* Inheritance taxes are imposed after the death of a surviving spouse, where a married couple's combined estate should have been completely sheltered.

* After the cognitive disability of a parent, adult children fail to manage assets properly because there are no guidelines. Sometimes siblings just get mad at each other. Sometimes they even sue each other.

* Retirement accounts pass to the estate of the deceased, or "wrong" beneficiaries where income taxes must then be paid all at once, rather than be deferred for many years.

* Poorly managed life insurance policies terminate before the death of the insured, causing huge financial losses.

* Your minor children get an outright inheritance, which may result in a court ordered guardianship.

* Disabled beneficiaries receive their inheritance the wrong way, causing loss of valuable government benefits.

This list represents just SOME of the possible problems, several of which could be happening at once. We can help you avoid these pitfalls. Give us a call at 253.858.5434 to find out how we can help. We represent clients throughout Washington and Idaho and are available to meet in person (with appropriate social distancing protocols in place), by phone, or via video conference.

We adhere to specific processes for each estate plan we create: (1) a get acquainted/data gathering & design meeting; (2) a signing meeting; and (3) a funding meeting.

Our law firm adheres to a specific process for each estate plan we create. For most estate plans, the process includes the following meetings:

GET ACQUAINTED/DATA GATHERING & DESIGN MEETING. This is just what it sounds like. We want to make sure new clients have an opportunity to ask all their questions, confirm they are comfortable with us, and determine a likely fee range before making any commitment. We do not bill anyone for anything until the following three things are confirmed:

The client feels this is the right time to proceed;

The client and the lawyer feel like they are a good fit for each other; and

The estimated price is acceptable.

At that time, the attorney/client relationship is formalized. We review the asset information the client has provided to help us identify important planning options and design considerations. Then we lead the client through a conversation that will ensure the ultimate plan will meet the client's wishes and accomplish their estate planning goals. This is VERY different than word-processing attorneys or online legal services who simply give their prospective clients a set of forms to fill out, to then return a standardized form with the various answers plugged in.

SIGNING MEETING. After all the documents have been designed and drafted by us, then sent and reviewed by the client, all questions are answered and changes/corrections are made, the documents are finalized and a signing meeting is scheduled. At the conclusion of this meeting, the estate plan is effectively in place.

FUNDING MEETING. This meeting is for the purpose of making sure all of the client assets that require a title change are handled and adjustments to beneficiary designations are initiated. The importance of funding cannot be over-emphasized. For your plan to actually "work" as intended, complete funding must be accomplished. This is why we insist on supervising it as part of our process!

If you have estate planning questions, give us a call at 253.858.5434 to see how we can help. We represent clients throughout Washington and Idaho and are available to meet in person (with appropriate social distancing protocols in place), by phone, or via video conferencing.

Revocable and Irrevocable Living Trusts can provide solutions to a wide variety of problems associated with estate planning.

Much has been written regarding the use of "living trusts" (also known as a "revocable trust" or an "inter vivos trust") as a solution for a wide variety of problems associated with estate planning that Wills cannot address. Some lawyers regularly recommend the use of such trusts, while others believe that their value has been somewhat overstated. The choice of a living trust should be made after consideration of a number of factors.

The term "living trust" is generally used to describe a trust that you create during your lifetime. A living trust can help you manage your assets or protect you should you become ill, disabled, or simply challenged by the symptoms of aging. Most living trusts are written to permit you to revoke or amend them whenever you wish to do so. These trusts do not help you avoid estate tax because your power to revoke or amend them causes them to continue to be includable in your estate. These trusts do help you avoid probate, which may not always be necessary depending on the cost and complexity of probate in your estate.

You also can create an "irrevocable" living trust, but this type of trust may not be revoked or changed, and such a trust is almost exclusively done to produce certain tax or asset protection results.

A "living trust" is legally in existence during your lifetime, has a trustee who currently serves, and owns property which (generally) you have transferred to it during your lifetime. While you are living, the trustee (who may be you, although a co-trustee might also be named along with you) is generally responsible for managing the property as you direct for your benefit. Upon your death, the trustee is directed to either distribute the trust property to your beneficiaries, or to continue to hold it and manage it for the benefit of your beneficiaries. Like a Will, a living trust can provide for the distribution of property upon your death. Unlike a Will, it can also (a) provide you with a vehicle for managing your property during your lifetime, and (b) authorize the trustee to manage the property and use it for your benefit (and your family's) if you should become incapacitated, thereby avoiding the appointment of a guardian for that purpose.

If you have questions about revocable living trusts, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho are available to meet in person (with appropriate social distancing protocols in place), by phone, or via video conference.

Discounts on estate planning legal services to celebrate 24 years of practicing law and 8 years since moving our office to Gig Harbor!

November is a pretty big deal around here. This November marks 24 years of practicing law and 8 years since moving our office from Seattle to Gig Harbor. So every November we offer you this: Any new client who hires us this month to represent them on their estate plan (Wills, Trusts, Powers of Attorney, etc.) gets 50% knocked off their attorney's fees. Go tell your friends. And give us a call at 253.858.5434 to make an appointment.

It's that time of year again. If you feel like your estate plan needs a review or update, or if you'd like a copy of our estate plan review checklist, give us a call!

Well, it’s that time of year again. We review our clients’ estate planning files at the end of October and April every year. Every file gets reviewed every 3-4 years, or more often depending on the client’s circumstances and plan. If you feel like your estate plan needs a review or update, or if you would like a copy of our estate plan review checklist, give us a call at 253.858.5434 or shoot an email to steve@aitalaw.com.

We offer peace of mind to clients by providing knowledgeable advice regarding estate planning and trust and estate administration in a straightforward manner.

Our law firm practices primarily in the areas of estate planning, trust and estate administration, and estate litigation throughout Washington and Idaho. We understand that the estate planning and administration processes can present emotional and legal challenges, and that each individual and every situation is unique. We offer peace of mind to clients by providing knowledgeable advice regarding estate planning and trust and estate administration in a straightforward manner.

A well-crafted estate plan accurately states your objectives and provides clear instructions on how to carry out your plan. We work with our clients and their other trusted financial and business advisors to help implement their wishes and help make sure that the estate plan works as intended.

When a loved one passes, the process of administering the estate is often unfamiliar and daunting to the survivors. We help guide personal representatives, trustees, and other fiduciaries though the trials, tribulations, and challenges of an estate or trust administration.

We carefully listen to each client’s individual situation to identify and address areas of potential conflict when creating an estate plan or when assisting with the administration of an estate or trust. However, when conflict arises, we are adept at aiding fiduciaries (trustees and personal representatives), beneficiaries, and other interested individuals.

We have extensive experience in all aspects of estate planning, wealth transfer, business succession, estate administration, and litigation. We offer a range of experience and expertise in the following areas:

ESTATE PLANNING

* Creation of core estate planning documents: Wills, Revocable Living Trusts, Powers of Attorney, and Health Care Directives

* Planning for minor children

* Charitable planning during life and at death

* Vacation property and rental property agreements

* Pre-Marital and Post-Marital Agreements

* Estate planning for non-U.S. citizens

* Second marriages and blended families

* Business succession planning for closely-held and family businesses

* Planning for disabled beneficiaries

* Supplemental and Special Needs Trusts

INCAPACITY PLANNING

* Powers of Attorney

* Health Care Directives

* Revocable Living Trusts

WEALTH TRANSFER TAX PLANNING

* Advanced Estate Planning such as Dynasty Trusts, Grantor Retained Interest Trusts, and Qualified Personal Residence Trusts

* Life insurance trusts

* Charitable trusts

ESTATE & TRUST ADMINISTRATION

* Assisting with carrying out your estate plan wishes

* Probate administrations

* Summary and Special Administrations

* Ancillary probate administrations

* Coordination of advisors including CPA, investment professionals, and trustees

* Representation of trustees for on-going irrevocable trusts

* Management and advice regarding distribution of assets

* Beneficiary representation

* Judicial and Non-Judicial Trust Modifications

* Administration of court supervised trusts

BUSINESS SUCCESSION

* Buy/sell agreements

* Business succession options

* Intra-family loans

* Valuation discount planning

* Minority interest gifts

* Corporate governance of family and closely-held businesses

If you have estate planning questions or 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 (with appropriate social distancing protocols in place), by phone, or via video conference.

Musicians need lawyers too!

Musicians need lawyers too. When should you consider consulting a lawyer?

* You need a contract with a manager, booking agent, or producer;

* You need to formalize your internal band agreement (e.g., expenses, song splits, voting rights);

* You receive an offer for use of your song in a film, commercial, videogame, app, etc. and need a licensing agreement;

* You need to register your copyrights (songs, recordings) or trademarks (band name, logo);

* You want to form your own publishing company;

* You need help affiliating with ASCAP, BMI, SESAC, or SoundExchange;

* You find out someone is using the same band name;

* You discover that someone is using your song without permission;

* You want to record a cover of someone else's song;

* You need an exit agreement with a band member who is fired or quits;

* You have a record label interested in signing you or your band;

* You want to use someone else's music on your website or in a video;

* You co-wrote a song and want to establish your rights to freely exploit the song;

* You teach music lessons and need a services contract with your students;

* You perform at private functions and need a performance contract;

* You are running a festival and need contracts with the performers;

* You want to perform or shoot a video on someone's property; or

* You commissioned artwork for your album cover or merch and need to make sure you have all the rights you need to use the artwork.

Give us a call at 253.858.5434 to see if we can help.

Being involved in an auto collision can be frightening and can have a ripple effect on many other aspects of your life. We can help!

Being involved in an auto collision can be frightening and can have a ripple effect on many other aspects of your life. The immediate concern, obviously, is to assess for injuries. Next, it is important to seek a medical assessment, even if you don’t have an obvious injury. Over the following days, however, life can quickly become overwhelming. Dealing with insurance companies, other involved parties, and trying to get your vehicle fixed takes a lot of time and energy. While you are trying to recover from an injury, it can be difficult to focus on everything else.

If you have been injured in an auto collision, know that you do not have to face the future alone. We have over 20 years of experience representing injured people and their survivors and know just how to help. While we handle the paperwork and negotiate with the insurance companies, we want you to focus on getting better.

Insurance companies are trying to make a profit for their shareholders; therefore, they look for every possible way to avoid paying out on a claim. With our years of successful practice, we know how to navigate through the insurance maze. Above all, our goal is to keep your needs as the focus of the negotiations. We know the intricate details of the law and we will make sure your rights are protected.

If you or one of your friends, family members, neighbors, or co-workers have been injured in an auto collision, give us a call at 253.858.5434 to set up an appointment for a free initial consultation today.