We have moved! Our new address is 3010 Harborview Drive, Suite 301, Gig Harbor, Washington 98335.

We have moved! We are pleased to announce that our offices have officially moved to the historic downtown Gig Harbor waterfront! Our address is now 3010 Harborview Drive, Suite 301, Gig Harbor, Washington 98335. We’ll get directions to the new location up on our website soon, but for those of you familiar with Gig Harbor, we are across the street from the Russell Foundation and kitty-corner from the Tides Tavern, with a parking lot behind our building. Access to our parking lot from Harborview Drive is between the Tickled Pink clothing boutique and Gig Harbor Real Estate; access from Judson Street is between Timberland Bank and Gig Harbor Audio. We look forward to your visits soon! Merry Christmas!

As legal advisors, bringing our clients peace of mind is our top priority. We bring customized solutions to all types of estates with strategic planning, innovative techniques, and practical counsel.

As advisors to our clients, bringing peace of mind is our top priority. We understand many of the complexities and difficulties individuals and families face when transferring their assets to their beneficiaries upon death, passing on a property or a family business, or preparing for transfer tax planning. We bring customized, integrative solutions to all types of estates with proactive strategic planning, combined with innovative estate and tax planning techniques. We also provide practical counsel in connection with dispute resolution matters.

We regularly advise clients ranging from high-net-worth individuals, business owners and executives, family-owned and closely held businesses, to beneficiaries of dynasty trusts on sophisticated estate planning, estate and trust administration, wealth transfer and transfer tax minimization, and trusts and estates disputes. We are admitted to practice law in Washington and Idaho.

We provide guidance in a number of areas, including:

* Wills, living trusts, durable power of attorney and community property agreements

* Prenuptial agreements, postnuptial agreements and cohabitation agreements

* Succession planning for family businesses

* Irrevocable life insurance trusts

* Grantor retained annuity trusts

* Charitable giving planning and tax-exempt organizations

* Administration of trusts and estates, including probate

* Advising heirs, beneficiaries and fiduciaries as to their rights, interests and obligations in an estate or trust

* Trust and estate dispute resolution

We help our clients develop personalized estate plans. Our goal is to convert their intentions into specific strategies in a practical and cost-effective manner. We address our clients’ estate and business planning needs using an approach that is comprehensive, tailored to each client’s situation, and implemented with well-drafted legal documentation.

Clients also appreciate our in-depth experience with various types of trusts, including charitable trusts, charitable reminder trusts, dynasty trusts, education trusts, irrevocable life insurance trusts, grantor retained annuity trusts, qualified domestic trusts, qualified personal residence trusts and testamentary trusts, among others.

We also understand the intersection between law and the unique challenges of running a family business. We regularly advise this unique segment of clients develop a solid business and legal infrastructure positioned for growth and longevity. We advise diverse industries and sectors that range in size from small businesses to multinational corporations in navigating and avoiding risks that can threaten a family business, such as intra-and intergenerational rivalries among family members, compensation disputes, breaches of fiduciary duties by family members, death and succession issues, integrating non-family members into the company structure, and difficulties in determining lines of authority.

If you have estate planning questions, give us a call at 253.858.5434 to set up an appointment today.

For many people, charitable giving is a way of life. The options for charitable giving within your estate plan are varied and complex. We can help!

For many people, charitable giving is a way of life. Whether it is to support an organization that has touched your life, a school that put you on the road to success, or simply a cause that you feel passionate about, charitable giving not only offers emotional benefits, but also practical ones as well.

For motivated donors, one question is how much to give throughout your lifetime and what to leave as charitable gifts in your Will or Trust. For those who are not concerned about the use of the assets during their lifetime–for care or enjoyment–a charitable gift may be a regular occurrence. Others may choose to pass on assets after their death, in addition to, or sometimes in place of, passing on assets to family members. The options for charitable giving within an estate plan are varied. One option is to make a gift at death through a Will or Trust, which would then reduce the amount of the donor’s estate, and thus any estate taxes that would need to be paid.

GIFT ANNUITY. Another popular option is a Charitable Annuity. The basic structure of such an annuity is that the donor makes a lump sum gift to the charity, with the gift being used to purchase an annuity. The annuity would pay the donor a fixed percentage of the gift each year during their lifetime, with the remaining value of the annuity paid to the charity after the donor’s death. This offers a way for the donor to give away cash or assets while still receiving an income stream.

GIFTING ASSETS. Also beneficial can be the gift of appreciated assets. For donors who own real estate or a stock portfolio with a large appreciation, the assets can be passed on to the charity so that the donor receives a tax deduction for the fair market value of the gift. The charity can then sell those assets without having to pay the capital gains tax on the appreciated value.

GIFTS IN TRUST. Yet another alternative is that the gift is left in a Trust, giving a family member or a corporate trustee control over the trust. The terms of the Trust would then direct how and when the assets of the Trust are to be distributed to the charity or how the assets are used for charitable purposes.

FAMILY FOUNDATIONS. For larger donations or donations to be made over time, creating a family foundation is an option. A family foundation can be useful for those who wish to devote some part of their assets to charitable causes during their lives and have the work of the foundation and its charitable efforts continue after death.

DO YOUR RESEARCH! As with any donation, you should fully investigate the reputation of the charity you wish to make your contribution to. By doing a little research, you can be sure that the charity you wish to donate to uses their assets wisely, and that your donation is actually applied to charitable purposes instead of administration costs.

If you are inclined to make a charitable donation in your estate plan, it is always smart to discuss your intentions with an experienced lawyer to ensure your wishes are fully thought-out, appropriately documented, and to ensure that the gift is mutually beneficial from a tax perspective. For more information on charitable giving in estate planning, contact call us at 253.85.5434 or drop an email to steve@aitalaw.com. 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 pride ourselves on helping victims navigate their legal journeys following all types of injury incidents. Injuries can create emotional turbulence; we work to ease clients' concerns.

Auto collisions and injuries can make for chaotic times. While your health and safety should always be your top priorities when the unexpected happens to you, it's important to remember that what you say and do in the aftermath of a car crash can have an impact on any legal action you choose to pursue–including a personal injury lawsuit.

We pride ourselves on helping victims and families navigate their legal journeys following all types of injury incidents. Though we know injuries can create emotional turbulence, we work to ease our clients’ concerns by handling the legal aspects of claims on their behalves.

STEP 1: MEDICAL TREATMENT. The first and most important thing you can do–both for your personal wellbeing and any personal injury claim you may choose to pursue–is to seek immediate medical attention if you’ve been injured in a collision. A medical evaluation can ensure any injuries you sustained are promptly diagnosed and treated, or that any injuries you are not aware of are addressed. Even if you don’t believe you’re hurt, or think you can tough it out, it’s still best to get checked out; there are injuries you may not necessarily feel are significant, but which can quickly become medical emergencies or develop into more significant conditions (i.e. brain injuries and hemorrhaging).

In addition to ensuring you get started on a course of treatment for your injuries, medical evaluations provide critical documentation that can be used as evidence in your case. Without any documentation from medical professionals, it’s your word against the insurance company’s–and even if you wait it out, and were suffering all along, it may open the door to arguments that you weren’t really injured, or that your injuries weren’t very serious.

STEP 2: COLLECT ANY INFORMATION YOU CAN/PRESERVE EVIDENCE. If you’re able to do so, try to collect as much information as possible about your accident and injuries. This may mean:

* Calling emergency services for emergency medical treatment and law enforcement to respond and create a police report;

* Collecting contact, insurance, and vehicle information from all parties involved in an auto accident;

* Taking photos/videos of the scene, including any property damage, and visible injuries from multiple angles before and after anything is moved, of course without jeopardizing your health or safety.

* Collecting information, including contact information, from any witnesses who may have seen what happened or who could be otherwise helpful;

* Obtaining any and all information and documentation resulting from the incident, including any reports to an employer, medical bills and documentation from all appointments, documentation of missed work/lost wages, insurance letters or communication with other parties, and more.

Collecting as much information as you can will be useful in both evaluating and successfully prosecuting a personal injury claim, but is easier said than done, especially if your injuries are serious. A lawyer can help ensure you get the right information you need, and that it’s used appropriately for your case.

STEP 3: CALL A LAWYER. There’s no law saying you must hire a lawyer after a collision, but it’s worth considering and may be regrettable if you don’t. Experienced lawyers can help you take the right steps from the moment you reach out for help–from information gathering and evidence preservation to in-depth investigations, medical evaluations, and collaboration with the necessary experts and medical professionals.

In addition to leveraging resources you may not have, or may not be able to tap into when you’re in a fragile state of health, a lawyer can view the entirety of your situation from a legal perspective and evaluate the viability of your potential claim, potential defendants who may be held at fault, and the best approach for securing a full and fair recovery of your damages (pain and suffering, medical expenses, and/or loss of earnings and benefits).

STEP 4: KNOW WHAT TO EXPECT. Whether you’re working with a lawyer or not, it’s important to know what to expect as your case moves forward. While that can vary depending on the unique facts of your case (which is why working with a lawyer can ensure you’ll understand what to expect), there is a general timeline. Often, that timeline will progress as follows:

* Initial investigation. Initial investigations focus on immediately available evidence and documentation gathering, during which each side reviews all documents, including medical records, and facts of a case to determine whether there is cause for action. In certain case, a demand and/or negotiations for a settlement before a lawsuit is filed.

* Filing of a lawsuit against the at-fault parties (defendants) in civil court. Keep in mind, civil claims are typically subject to a statute of limitations (time limit to file a lawsuit) that may vary depending on the type of claim and the defendant.

* Discovery. The discovery process is a formal procedure by which each party in a lawsuit investigates the other’s claims/defenses. This usually consists of requests for documentation and evidence and depositions where both parties and any witnesses are questioned under oath. This step may last years depending on the complexity of a case.

* Negotiations/mediation. During or after discovery, it may be possible to enter into negotiations or mediation to resolve the lawsuit prior to any actual trial.

* Trial. While settlements are usually obtained before trial, it is sometimes the case that no resolution is reached. There are many different reasons a case does not settle prior to trial. If the case does not settle, the case will be scheduled for trial and that trial date may also be changed, pushing any actual trial further back and increasing the length of a case. Sometimes during this process, even just before a trial is to begin, both parties may come to an agreement to settle the case.

* Post-trial motions and appeals. Even after a verdict is reached at trial, either side can try to raise or lower the amount of the verdict, or try to get some other relief from the trial judge. After that, both sides can also appeal those decisions by the trial judge. The case can also settle during this time period.

There’s a lot to take in after an auto collision and at the outset of a personal injury case, and a lot of moving parts to address as they relate specifically to the unique facts and circumstances of your case. Ultimately, working with a lawyer can ensure you protect your rights every step of the way, make the most of your available options, and are positioned as best as possible to prevail and recover.

At our law firm, we care about our clients, and do all we can to guide them through their legal journeys. What’s more, we offer free consultations, and handle personal injury cases on contingency fees–meaning there’s no up-front cost to hire us, and no fee unless we win. 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.

Second marriages, particularly if there are stepchildren involved, present certain estate planning issues. Every family is unique, and we can help you avoid some estate planning pitfalls.

You may be a little bit older and wiser, and now you've decided it's time to get married again. Second marriages, particularly if there are children involved from your previous marriage, present certain issues when it comes to your estate plan. Even in the best of “step-family” situations, allowing your new spouse and children to “work it out” after you die can be a recipe for disaster.

Whether your blended family involves children from a prior marriage as well as joint children, or the introduction of a new spouse, blended families come with their own set of unique challenges. Blended families may also involve both younger and older couples, couples with a wide age gap, and nearly everyone in between.

When the new spouse is significantly younger, this sometimes means that the older spouse’s children are close in age to the younger spouse. These relationships can cause more than just friction between the step-parent and step-children.

Most parents want to ensure that their assets will pass to their children, not their stepchildren. However, absent good estate planning, there is no guarantee that their children will inherit their assets. In fact, if the couple creates common “I love you” Wills such that their assets pass to the survivor of them, there is a significant likelihood their children will be totally disinherited. This is because all of their assets will pass to the surviving spouse to do with as they please. More often than not, this means excluding the stepchildren, who then receive nothing. Additionally, in most states, a surviving spouse has certain rights to claim a share of the deceased spouse’s estate, whether there is a Will or not. The law is very specific and, although your surviving spouse will not get everything, they are entitled to a large share of your estate regardless of you written wishes in your Will.

One way to address this is to utilize a Revocable Living Trust. A Revocable Living Trust is a legal document that names and authorizes a Trustee to hold title and manage your assets. Usually, you name yourself as the initial Trustee, allowing you to keep control of your assets during your life. You will then name a successor Trustee to take over the trust upon your death, or should you become incompetent or incapacitated.

Unlike a Will, assets in a Revocable Living Trust will often pass to your beneficiaries quicker. In most states, the process by which your Will is probated through the courts can be lengthy, expensive, and subject the estate to the rights of the surviving spouse as discussed above. Transferring assets to a Trust, while you are alive, can save months of administration time and thousands in legal fees. It also removes your estate (with respect to the assets held in the Revocable Living Trust) from the probate process and removes the ability of the surviving spouse to claim their statutory share.

Within your Revocable Living Trust, you can still provide for your surviving spouse. One way is by providing an income stream to your spouse for their life and then having the remaining Trust left to your children, or the beneficiaries of your choosing. Additionally, the Trust can be written to allow your surviving spouse to have access to principal based on your direction. The terms of a Revocable Living Trusts can be written to ensure they meet your ultimate goals.

Every blended family is different. As you embark on this new and exciting path, meet with your estate planning lawyer to ensure your goals are understood and minimize potential pitfalls that may arise for your family. 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 protocols in place), by phone, or via video conference.

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.