For the innocent victims of drunk drivers, these upsetting and life-threatening incidents often have serious ramifications and can leave you with many questions. We can help.

Drunk driving collisions can be life-altering events for innocent individuals who, through no fault of their own, are injured (or worse) by an impaired driver. Perpetrators of these crashes are considered "under the influence" when they drive with a blood alcohol level that meets or exceeds the legal limit of .08 percent. There is no question that drunk driving offenders should be held legally accountable for their actions and the damages they cause.

For the innocent victims of drunk drivers, these upsetting and life-threatening incidents often have serious ramifications and can leave you with many questions. So, what is the best course of action for you to take? How can your interests be best served? To whom do you turn? Seeking legal advice from a lawyer is crucial to ensure you get answers to your questions and the maximum compensation you deserve.

If you or a loved one was hurt or killed by the negligence of a drunk driver, you may be entitled to compensation, and we're here to help. We will protect your rights and take the steps necessary to best represent your interests. In these situations, we will take a number of actions on your behalf. Some of these include:

* Making sure the collision is fully investigated and documented;

* Determining if the drunk driver was driving a commercial vehicles; * Contacting the at-fault driver's insurance company;

* Gatherin evidence; and

* Determining if the driver had been over-served at a bar or restaurant.

DRUNK DRIVING STATISTICS. The statistics regarding drunk drivers are more than alarming. The National Highway Traffic Safety Administration reveals that two out of three individuals will become involved in a drunk driving collision sometime during their lives and about every two minutes someone is physically harmed as a result of a drunk driving incident. Additionally, each day in the U.S., 27 people die because of crashes caused by drunk drivers.

If you were the victim of an impaired driver, call us today at 253.858.5434 for a free consultation. You will pay nothing unless we can settle or win your case.

If you've been named Personal Representative of a loved one's estate, you will need to prepare a formal estate inventory. Here's what you'll need.

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

Probate requires preparing a formal inventory, although in Washington it is no longer required to be filed with the court. You should also maintain a worksheet that lists assets for your own reference, even assets that do not need to go through probate.

REAL ESTATE, BANK ACCOUNTS, AND VEHICLES. With regard to real estate owned by the decedent, you will want to provide the address and a description of the property. For bank accounts, you will want to list the relevant bank holding the account, as well as the account number and the amount in the account at the time of the decedent’s death. You can send you Letters Testamentary (if the decedent left a Will) or your Letters of Administration (if there's no Will) to the bank to prove that you are entitled to this information. If the decedent owned any vehicles, including cars, motorcycles, boats, and planes, you should list the make, model, and year of the vehicle as well as its identification number.

STOCKS AND BONDS. Many people leave substantial amounts of stocks and bonds to their loved ones. Your inventory should include the number of shares of each type of stock, the name of the corporation, and the name of the exchange on which the stock is traded. Meanwhile, you should note the total gross amount of a bond, the name of the entity that issued it, the interest rate on the bond, and its maturity date. (You also will want to note the serial number on U.S. savings bonds.)

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

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

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

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

If you need representation or legal advice about administering an estate or your duties as Personal Representative, give us a call at 253.858.5434 to set up an appointment today.

Do you have a kid going off to college? They're going to need certain important documents, like a financial power of attorney, a health care power of attorney, and a HIPAA release, among others.

Do you have a kid going off to college for the first time or already living away at school? They’re going to need certain important documents—like a health care power of attorney and a HIPAA release, among others—in place. These key documents will let you as the parent get info about them in the event of a medical emergency.

For each of these legal documents, parents should keep the original and the student should have copies. It may be a good idea for a roommate or fellow student to know where the copies are. In addition, the family may want to see if a copy can be filed at the school with student medical records. Keep in mind that all of these forms should be updated each year and that you’ll need one form in your state of residence and a separate one in your child’s state of residence if they’re attending an out-of-state school.

1. HIPAA Release. Ever tried to get an update about a loved one in the hospital over the phone when there’s been a sudden onset of a medical issue? If so, you know it can be difficult, if not impossible, to get the info you need if you’re not authorized. That’s because of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

What you need to cut through the red tape is a HIPAA release. This document lets a patient (your college student) designate certain family members, friends, and others who can be updated about their medical info during treatment. Obviously, your kid should fill this out before they need it during a medical emergency.

The HIPAA form becomes extremely important if your child is living away at school and gets involved in an accident. That’s because you’re not getting any info over the phone even though you’re their parent—unless you fill out this form.

2. Health Care Power of Attorney. A health care power of attorney is a document naming you the parent as an “agent” for your college student. If your child becomes medically incapacitated, you can make informed medical decisions on their behalf. This document can name you as the sole point of contact and decision-maker. That will allow you to decide the best course of action with the doctors.

3. General Durable Power of Attorney. A medical power of attorney is strictly for health care choices should your child become incapacitated. A general durable power of attorney, however, covers financial decisions. This document allows a college student to give authority to another person (the parents) to make financial/legal decisions. It also allows the parents to make the following financial transactions on the student’s behalf:

* Managing bank accounts

* Paying bills

* Filing taxes

* Applying for government benefits

College is a time of great change for both parents and their kids. Young adults are dealing with being on their own for the first time. And parents may be dealing with empty nest syndrome. If you have questions about legal documents for your child in college, 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.

We've been doing estate planning since 1996. When it comes to estate planning, we will simplify complex concepts and guide you through what can be both a technical and an emotional process.

We have been practicing in the area of estate planning, Wills, Trusts, and probate since 1996. It is our educational approach that distinguishes us from other law firms. We’re able to simplify complex concepts and patiently guide you through what can be both a technical and an emotional process.

Individuals and families trust us with their estate planning needs. We help develop core estate planning documents, such as a Will, Durable Power of Attorney, Health Care Power of Attorney, and Directive to Physicians (commonly called a "Living Will"). In addition, we can assist with integrating other issues into your overall estate plan, such as the sale of a business, charitable giving, lifetime gifting, prenuptial or post-nuptial agreements, or long-term care.

We also assist individuals and professionals serving as Personal Representatives (what used to be called "Executors") and Trustees with the probate process and the administration of various types of Trusts. We help with the filing of court documents, gathering and valuing of assets, and compliance with fiduciary duties. If disputes arise, we provide a range of trust and estate dispute resolution options.

We begin working with you by first getting acquainted. We ask basic questions to determine your specific needs and the best way for us to assist you. Whatever your needs may be, together we prioritize and develop a comprehensive plan tailored for your unique situation. We also strive to give you options. We will match the appropriate vehicle or strategy to your objectives. For each planning technique or each step of an administration, we offer an explanation of benefits and drawbacks, educating you about the law and compliance requirements. We help you compare and contrast the options so you clearly understand the intended outcome.

If you, your friends, or family members have estate planning and we can assist 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 (with appropriate social distancing protocols in place), by phone, or via video conference.

What is probate? If you're not a lawyer and don't understand what probate is, don't feel bad. A lot of lawyers don't know either.

What is probate? If you’re not a lawyer and don’t understand what probate is, don’t feel bad. A lot of lawyers don’t know either. Unless you practice in the area regularly, there is little need for you to know much about it. Here is how we describe probate to clients: It is a legal process by which a person is appointed by the court to sell or transfer a deceased person's assets, pay all of the bills, manage tax issues, distribute the remaining assets according to the person's Will, and then properly close the probate. If there is no Will, you distribute the assets according to Washington's default law on distribution to heirs. Seems simple, right? Kind of, but in return for that simplicity, the person who is appointed needs to carefully follow the law, including sending out the appropriate notices to the other people interested in the estate so they can defend their rights if needed. Washington courts do not normally directly supervise the administrator of the estate. The Personal Representative (what used to be called the "Executor") is on their own. But failing to follow the rules can get you in trouble and can sometimes be costly.

MYTH #1: IF I DON'T HAVE A WILL, THE STATE WILL GET EVERYTHING. We hear this more frequently than you'd think. Many people think that if there is no Will, then "the state will get everything." Not true. When a person dies with no Will, their estate is distributed to the person's "heirs" as defined by state law. In Washington, the "heirs" are who you'd expect: the surviving spouse, children, grandchildren, great-grandchildren and further descendants, parents, siblings, siblings' descendants (nieces and nephews), grandparents, grandparents' descendants (aunts, uncles, then cousins), etc., in that order. RCW 11.04.015. Furthermore, taxation issues are the same regardless of whether or not the decedent left a Will. The administration of the estate is also similar with or without a Will. Getting a person appointed, however, can be slightly more complicated.

MYTH #2: IF I HAVE A WILL, I DON'T NEED A PROBATE. Whether you need a probate has nothing to do with whether there is a Will. The need for a probate is dependent on many other factors that are best assessed by a lawyer who practices probate law. But generally, a probate is needed when you have assets that can only be obtained by a person with Letters Testamentary (which you can only get by opening a probate) and who has taken on the responsibility of conducting the probate properly.

HOW LONG DOES PROBATE TAKE? There is no set time period that a probate must remain open. It is a matter of how long it takes to marshal the decedent’s assets, get their name off of titles to property, sell assets, pay all creditors, and take care of taxes. This need not take a long time. When there is a house, it might take a while to sell the house. Also, if a Notice to Creditors is published, you’ll need to wait to finish the probate until the 4-month claim period has expired. But other than that 4-month claim period, nothing is driving the length of the probate except for how long it takes you to liquidate and distribute all of the decedent's assets and pay their bills.

If you've been named as Personal Representative of a loved one's estate and have questions about how the process works, give us a call at 253.858.5434 to set up an appointment today.

Advantages and Disadvantages of Using a Revocable Living Trust as Part of Your Estate Plan

A Revocable Living Trust is an agreement that a Trustee (usually yourself) shall hold all the property you transfer into the name of the Trust for the benefit of the trust beneficiaries (usually yourself and your spouse). After your death, the Trust transfers the trust assets to those you designate as your ultimate beneficiaries. During the lifetime of the person establishing the Trust (the Trustor), and while they are competent to do so, the Trust may be revoked. People who have a Revocable Living Trust also need Wills, which Wills should direct the probate assets of the Trustor decedent to be “poured over” into the trust. Also, decedents need Wills to nominate Personal Representatives, to create non-intervention, no-bond status for their Personal Representative and to nominate guardians for minor children.

Revocable Living Trusts have some advantages, which can be useful to some clients, some misconceptions about possible advantages, and significant disadvantages as well.

ADVANTAGES OF A REVOCABLE LIVING TRUST. First, a well-administered Revocable Living Trust that contains all the assets of a decedent Trustor can avoid the expense of probate. Since the Trust costs money to create and maintain, this advantage is likely a non-advantage. For people who live in states with expensive statute-mandated attorney’s fees in probate, such as California, probate cost savings may be so substantial as to warrant use of Revocable Living Trusts. Washington and Idaho are not states that mandates the fee paid to attorneys in probate.

Second, a well-administered Trust can avoid the cost of ancillary probates for out-of-state property. If an estate holds any number of out-of-state or foreign properties, these costs savings and ease of administration could be substantial, as compared to traditional probate.

Third, a Revocable Living Trust need never enter the public eye, through filing of a probate proceeding or filing of an inventory, and so the privacy of the Trustor and their family may be protected.

Fourth, a Revocable Living Trust, in possession of ongoing businesses, may provide for continuity of control and administration upon the death or incapacity of the Trustor.

MISCONCEPTIONS ABOUT TRUSTS. First, the probate cost savings, which are much-heralded by drafters of Revocable Living Trusts, are overstated, and the costs of the Trusts themselves much understated. Real estate property titles must be transferred, which costs money, and financial accounts must be retitled, in order to properly fund a Trust. Any omissions in such transfers may necessitate having a probate proceeding as well as a Trust, which misfortune maximizes the cost of one's estate plan administration.

Second, Revocable living trusts offer no tax advantage. The IRS views property held in a trust managed by you for your benefit as just “your property.” All income passes through directly to your personal income tax return. No tax benefits accrue. A Revocable Living Trust has no impact on one's estate tax obligation under state law, nor on one's federal estate and gift tax obligation.

DISADVANTAGES OF A REVOCABLE LIVING TRUST. First, the trust instrument itself costs a few thousand dollars and the ongoing costs of maintaining the trust (tax reporting, trustee fees, transfers of real property titles from Trustor to the Trust) are substantial. In the end, Revocable Living Trusts can cost more than simple probates. So, for most clients, Revocable Living Trusts are more expensive than the probate alternative. Probate in uncomplicated Washington and Idaho estate administrations is relatively inexpensive.

Second, Revocable Livings Trust Agreements are complex legal documents. Their complexity bewilders most Trustors. And, so, the Revocable Living Trust not only costs money to create, but may also cost money to revoke.

Third, the complexity of Revocable Living Trusts leads to Trustor errors. Trustors forget to put their refinance paperwork in the name of the Trust, and so end up with real estate in the name of the Trustors, not the Trust. Trustors put financial accounts in the name of the Trustors, as well as other of the myriad financial transactions of a lifetime of living. When death comes, we most often find that the Trustors of a Revocable Living Trust need not only trust administration but also a probate to move assets into the Trust. Most Trustors cannot hold in their minds for a lifetime after they execute a Trust Agreement that they have no assets, but are simply the beneficiaries of their trust assets managed by their Trustees (themselves). It is an odd idea, after all.

Fourth, some tax procedural rules are not as liberal for trusts as they are for probates.

Fifth, failing to probate the estates of the Trustor fails to take advantage of the short probate creditor claim statute of limitations. For Trusts, claims for payment can crop up six years after the Trustor’s death. For probates, creditor claims are cut off after four months.

There are obviously pros and cons to using a Revocable Living Trust as part of your estate plan. If you have questions about Revocable Living Trust or estate planning in generally, give us a call at 253.858.5434 to set up an appointment today.

Medical "special damages" are part of the personal injury compensation formula that insurance companies use to figure out a claimant's losses.

A key component of most personal injury claims is the injured person's "medical special damages," which just means the amount the claimant spent on medical bills while having their injuries diagnosed and treated. Medical specials are part of the personal injury compensation formula that many insurance companies use to figure out a claimant's total losses. The formula depends on a number of key factors, including the type of medical treatment you receive and the kind of medical providers from whom you receive that treatment.

TYPES OF MEDICAL TREATMENT. According to insurance adjusters, not all medical services are created equal when it comes to figuring out the value of a personal injury claim. Let's take a closer look at some of the variables.

TREATMENT vs. DIAGNOSIS. Before you can be treated for an injury, medical personnel have to diagnose it. In many cases, the diagnostic process is relatively quick, and the charge for it amounts to a small part of your medical bills, as compared with the cost of treatment. In such cases, insurance companies do not usually bother to make any distinction between diagnosis and treatment. They lump all your medical bills together into one medical specials amount. Sometimes, though, doctors will put a person through many tests and examinations, simply trying to diagnose what is wrong, and running up large medical bills in the process. If most of the medical bills are for diagnosis only, and the injury winds up requiring little treatment, an insurance adjuster might not view the total medical specials as accurately reflecting the injured person’s "pain and suffering." Consequently, the adjuster might use a lower multiplier for those medical bills in arriving at the appropriate range of damages.

M.D.s AND HOSPITALS vs. NON-M.D.s. One of the insurance industry’s strong prejudices is in favor of mainstream treatment by physicians, hospitals, and medical clinics—and against physical therapy, chiropractic, acupuncture, naturopaths, and so-called "alternative" medicine. Any medical bill you have incurred at the hands of a medical doctor, hospital, or medical clinic, no matter how outrageously expensive, will be considered legitimate by almost any insurance adjuster and will usually be given a high multiplier in the damages formula. Treatments by non-physician medical providers are often equally effective and much less costly, but insurance adjusters tend to apply lower multipliers.

PHYSICAL THERAPY. For example, in motor vehicle-related injury claims, physical therapy is a common treatment, yet it is generally considered to be lower in the pecking order than other kinds of medical treatment. If you receive a few weeks of physical therapy prescribed and administered by your doctor’s office, an insurance adjuster may lump it in with other medical specials. But if you have physical therapy for months and the therapy accounts for the largest part of your medical bills by far, the insurance adjuster is likely to use a lower multiplier when plugging your medical specials into the damages formula. Also, where you receive physical therapy may affect how the insurance company views it. If your doctor prescribes physical therapy but you receive the actual treatment outside the doctor’s office and beyond the doctor’s control, the insurance adjuster might discount the physical therapy bills. That’s because insurance companies believe that when left to their own devices, physical therapists tend to treat patients endlessly. And if you seek physical therapy independently, without it having been recommended or prescribed by your physician, an insurance adjuster is likely to discount those bills even more.

TREATMENT BY CHIROPRACTORS, MASSAGE THERAPISTS, ACUPUNCTURISTS, AND OTHER NON-PHYSICIAN TREATMENT PROVIDERS. Unless bestowed with the rare blessing of a doctor’s prescription, other nontraditional treatments are given even less weight than physical therapy. This does not mean that you cannot be reimbursed at all for these treatments by the liable person’s insurance company. But it does mean that the insurance adjuster handling your claim will not count these expenses very highly when deciding how to multiply medical specials within the damages formula. Of course, your primary concern should be to obtain the kind of medical care with which you are most comfortable and that you think will help you most. But you should be aware that if you choose services not provided by a physician, an insurance company is likely to compensate you at a lower rate.

DURATION OF TREATMENT. Logic says that if an injury receives a long period of medical treatment, the injury requires a long period to heal, and that translates to a high degree of pain and suffering. So, if you undergo a long period of treatment, you can argue to an insurance adjuster that the timeline was evidence of the seriousness of the injury. But again, insurance adjusters are suspicious of physical therapists and chiropractors, believing they treat longer than necessary to keep their money rolling in.

If you or a friend, family member, neighbor, or co-worker have been injured in an auto collision or other incident and have questions about how your medical treatment will affect your claim, give us a call at 253.858.5434 to set up an appointment for a free initial consultation today.

Does a "no contest" clause in a Will protect the Will from being challenged by an unhappy heir or beneficiary?

Does a "no contest" clause protect a Will from a challenge? A no contest clause is a common provision that is meant to dissuade a beneficiary from contesting a Will. Most no contest clauses generally say that a beneficiary who challenges a Will will receive nothing, or have their share drastically reduced to a nominal amount, such as a dollar.

The key to an effective no contest clause is to offer some kind of incentive. In other words, a would-be challenger must receive enough under the Will to have something meaningful to lose. If the incentivizing bequest is too small, the clause will be of little help. For example, an heir who receives a small bequest in the context of very large estate will likely be more inclined to risk losing it for a chance to have a much larger share because they have nothing to lose anyway if they don't prevail. In an estate of many millions, involving heirs of considerable means, no contest bequests may need to be significant to effectively counter an unwanted challenge, especially where emotions may be running high.

Often beneficiaries will read a Will with a no contest clause and conclude that they must accept the terms, or risk losing their inheritance. On the flip side, testators generally assume that no contest clauses in their estate planning documents will always be enforced. However, a no contest clause does not always mean that no contest is possible.

Here in Washington, courts generally respect no contest clauses. For instance, in In re Estate of Rathbone (2018), the Washington Supreme Court upheld a no contest clause in a Will, where the testator had included a broadly worded no contest provision and also specifically named the beneficiary who was likely to challenge. Although the trial court and appellate court held that courts were allowed to interpret the provisions of the Will and thereby permitted the anticipated challenge to proceed, the Supreme Court reversed the lower court decisions, stating that courts should show restraint when the testator’s intent is so clearly stated.

It is important to note, however, that the Court said its holding in Rathbone was supported by the particular facts of the case, where a son was specifically named in the Will as a potential challenger. Therefore, the decision is probably better viewed as strongly encouraging judicial restraint from interpretation, not a blanket statement that all no contest clauses are per se enforceable in Washington. In fact, the case law reveals that such clauses are not enforced in all circumstances - there are always exceptions. For instance, Washington courts have held that a “no contest clause is inoperable if the challenger brings his or her contest in good faith and with probable cause.” In re Estate of Chappell (1923); In re Estate of Kubick (1973); and In re Estate of Mumby (1999). In practice, this means generally that a challenge will be respected and not result in disinheritance when the plaintiff has proceeded following the advice of a lawyer, provided they have fairly and fully disclosed all of the material facts and the contest.

In addition, a no contest clause may be drafted in such a way to afford some flexibility, allowing enforcement in certain circumstances – for instance, if there has been a breach of fiduciary duty. A challenge may be permitted also if it is brought forward on public policy grounds.

Regardless of the side you’re on, careful consideration should be given to the specific language of no contest provision, the nature and size of bequest that is at risk, and the character and inclinations of the persons involved.

Finally, it is important to note that the enforcement of no contest clauses is jurisdictional, with some jurisdictions, such as Idaho and Oregon, enforcing no contest clauses more strictly and others like Washington being less strict.

If you have questions about no contest clauses or Will in general, 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.

Motor home and RV collisions can happen for any number of reasons. If you've been hurt in an RV collision, we can help.

As the baby boomer population is retiring, we're seeing many more RVs or motor homes on the roadways. Although motor homes can be as long as a single-trailer semi truck and are much more difficult to maneuver than a personal vehicle, state laws do not require special driving permits to operate these massive vehicles. In short, anyone can get behind the wheel of an RV. Motor home collisions can happen for any number of reasons:

* Inexperienced drivers

* Driver fatigue

* Drunk/impaired driver

* Rollover

* Runaway trailers

* Unsafe speed for conditions

* Overloading/unbalanced load

* RV driver fails to see car in blind spot

* Not enough stopping room

* Poorly calculated turns

* Tire blowout

* Design or manufacturing defects

WHAT SHOULD I DO AFTER A COLLISION WITH AN RV? Seek medical care immediately after a collision. If you are injured or you have lost a loved one, it may be hard to think of documenting what happened, but this is vital to your case. Take photos of the scene and of your injuries, and write down an account of the events leading up to and following the crash. It’s also important not to speak to any insurance agents until you’ve spoken to your lawyer. The goal of insurance companies is to pay as little to victims as possible. As overwhelmed as you may be with your recovery, you may unintentionally waive your legal right to compensation.

Statutes of limitations vary by state. Here in Washington, it's three years from the date of the incident, but in Idaho it's only two, meaning that claims must be filed before that time runs out. Additionally, important information and evidence can be lost or jeopardized almost immediately after a collision. You need to contact a lawyer with the resources to begin researching your case and advocating for you immediately, while you focus on recovering from your injuries.

We have years of experience handling all types of motor vehicle collisions. We rely on our in-depth knowledge of the law as well as our understanding of the tactics insurance companies will utilize to downplay your claim. We will thoroughly research the collision and consult the necessary medical experts and accident analysts. Contact us today at 253.858.5434 for a free initial consultation.

We advise clients to review their estate plan every few years and after any major life changes. Your plan should be reviewed periodically to see whether anything necessitates revisions to your plan.

We generally advise clients to review their estate plan every few years and after any major life changes. This doesn't mean you should review only your Will. A comprehensive estate plan may include a Will, a Revocable Living Trust, a Durable Power of Attorney, a Healthcare Power of Attorney, and a Directive to Physicians. Some estates include additional documents such as life insurance, retirement plans, and business plans. All of these documents should be reviewed periodically to see whether your intentions have changed or if other factors necessitate revisions to your estate plan.

COMMON REASONS TO CHANGE YOUR ESTATE PLANNING DOCUMENTS. Whether to revise an estate plan requires some serious thought on your part. Some common reasons to change your estate planning documents include any of the following:

* Is there a new marriage? If so, you will want to ensure that your estate includes your new spouse and doesn't include your old one. You also need to help ensure that your children from a former marriage are properly provided for, either in your will or in a Living Trust.

* Have you changed your mind about the guardian you chose for your children? If so, you may want to revise your Will or your Power of Attorney for Minor Children's Healthcare. You also should consider adding a successor guardian in the event the guardian you chose is incapable of becoming the guardian of your children.

* Is there a new baby or an adopted child? Make sure your estate plan includes all children—including biological and adopted children.

* Do you want to disinherit a child? If you've decided to disinherit a child, make sure that is part of your estate plan.

* Do you want to add or change beneficiaries, including a charity? Without updating your estate plan, a new beneficiary won't be added if you haven't included that person or charity. Likewise, if you want to remove a beneficiary, you will want to revisit your estate plan and check with your lawyer.

* Have you divorced since your estate plan was made? Change your documents as soon as possible.

* Do you have a blended family? If you want to provide for stepchildren and you haven't already done so, you should revise your estate documents. Stepchildren are not included as heirs if you die without a Will or if your Will fails to name them.

* Has one or more of your beneficiaries predeceased you? If a beneficiary has died, it is important to revise your documents either to provide for new beneficiaries or to redistribute your property among beneficiaries.

* Do any of your beneficiaries have special needs that you want your estate plan to address? If any of your beneficiaries has special needs or has developed a serious illness you may want to provide for the care of that beneficiary.

* Have you moved to a new state? Each state's laws are different, so you may want to review your estate plan with a lawyer in your new location.

* Do you want a new Trustee for your Trust? If you're considering substituting Trustees or adding a successor Trustee to your Revocable Living Trust, it may be wise to review your entire estate plan.

* Have you received an inheritance or additional assets? The addition of new assets is a good reason for revisiting your estate plan. Some or all of the assets may be better off in a Trust, rather than a Will, to avoid probate. Discuss this with your lawyer or financial planner.

* Do you want a new person to have power of attorney? If you have a Durable Power of Attorney or a Healthcare Power of Attorney, or both, it is a good idea to ensure they reflect your current intentions. If not, you can revoke either or both of them and then appoint a new person to have power of attorney.

* Do you have a Directive to Physicians (commonly called a "Living Will")? Are the directives in the Living Will what you want, or have you changed your mind?

* Did you open a business or do you currently own one? You may want to discuss a business succession plan with your lawyer so the business can stay open. You also will be allowed to decide who you want to run your business.

* Are there new tax laws in place? Tax laws are always changing. Discuss this with your lawyer and the effect of new tax laws on your estate plan.

* The mere passage of time is sufficient to warrant a review your estate plan. Even if nothing has changed, it's a good idea to review your estate plan if it's been at least three to five years since you last reviewed it.

WHY IT'S IMPORTANT TO UPDATE YOUR ESTATE PLAN. There are numerous reasons to amend a will or a Living Trust along with your other estate documents. You may have changed your mind about something such as beneficiaries, division of assets, or who you want to have your power of attorney since you last looked at your estate plan. You may have inherited or purchased a significant number of assets since your estate plan was made, or you may have neglected to put some property into your Revocable Living Trust. All of these are valid reasons for reviewing your estate plan.

Discussing your estate plan with your lawyer is crucial when you have significant life changes. Without revisiting your estate plan, your property could end up with beneficiaries you no longer want or your children could end up with guardians you don't speak with anymore. You also may have grandchildren you want to add to your estate plan.

If you have had even one of the above changes happen in your life, it's time to revisit your estate plan so that your current intentions will be carried out. While people tend to put this off, it's important to have your estate plan reviewed right away. Hopefully, these documents won't be needed for a long time, but knowing they're in place can bring you great peace of mind. Give us a call at 253.858.5434 to find out how we can help.

Estate plans where parents give unequal gifts to their children can get tricky. Remember Shakespeare's King Lear? That didn't end well for anybody.

Estate plans where parents give unequal gifts to their children can get tricky. Remember Shakespeare's King Lear? That didn't end well for anybody.

When planning their estates, most parents start out wanting to treat their children equally. Intuitively, that would seem to be the fairest way to handle things. Sometimes, however, the fairest outcome is one in which your children receive different amounts of money or assets. "Equal" and "fair" are two different things.

WHEN UNEQUAL INHERITANCES MAY BE FAIR. There are often special circumstances to consider before you divide the family pie into equal parts. For example:

* You may want to leave more assets to your child who struggles to support their family on a modest teacher’s salary than to your child who makes six figures, married a cardiologist, and has chosen not to have children.

* You may want to give a larger inheritance to a child who has dedicated themselves to volunteer work, the arts, religion, or public service.

* You may want to compensate a child who has made sacrifices to care for you.

* You may want to provide for grandchildren, and one child may have more children than the others.

* Your youngest child may still need support for several more years, whereas your adult children are financially independent.

* You may have a special needs child who will need care for their entire lifetime.

* You may have a child who has participated in the family business while other children have not. Instead of making them all equal owners of the business, you may want to leave the business to the one who has contributed and shown an interest, and then provide for the others with other assets or life insurance.

DISTRIBUTION OF INHERITANCES MAY ALSO VARY. Not only do you need to decide how much your children should receive, but also when they will receive it—and that can also be different for each child. You can distribute inheritances in one lump sum or in installments. Or, you can keep an inheritance in a Trust. Consider factors such as the size of the potential inheritance, your children’s ages and family situations, how they have handled their own money in the past, and how much they need your financial gift.

WHAT YOU SHOULD KNOW. Some parents do not provide outright inheritances, preferring to keep the assets in a Trust for their children. The Trustee can make distributions for your children’s benefit based on guidelines you provide, but assets that stay in the Trust are protected from irresponsible spending, creditors (bankruptcy, lawsuits, etc.), predators (those with undue influence on your child), or vindictive ex spouses.

ACTIONS TO CONSIDER. If you can afford it, consider giving your children some of their inheritance while you're still alive. Not only will you have the opportunity to see them enjoying your gift, but it will provide insight as to how they will handle an inheritance. Consider whether your children should inherit everything you own. Perhaps you have additional goals such as providing for your grandchildren’s educations, giving gifts to other loved ones, making charitable contributions, or setting up a family foundation or donor advised fund.

KEY TAKEAWAYS. Treating children fairly does not always mean equal inheritances. How and when each child receives an inheritance may need to be customized to your children as individuals. Every family is different and unique. Not providing an outright inheritance is usually a good choice, as assets that stay in a Trust are protected from irresponsible spending, divorce, predators, and creditors.

It’s essential that you take action to ensure your children receive their inheritances as is best for them as individuals and for your family's particular situation. We can help ensure your estate plan and your children’s best interests match… and continue to make sense as life unfolds. 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.

Here's what we do when we represent a Personal Representative in a probate matter, and here's why you should hire a lawyer when settling an estate.

If you’ve had a death in the family, chances are you might be dealing with the probate process soon. Probate is the formal legal process that recognizes whether a Will is valid and appoints a Personal Representative ("PR") to administer the estate and distribute assets to intended beneficiaries.

Probate frequently occurs when real estate is involved, regardless of whether the deceased left a Will. Other assets, such as a life insurance, are paid directly to a beneficiary without going through probate. When the PR hires a lawyer to represent them in the probate, we make sure that all beneficiaries, creditors, and taxes are handled appropriately according to the state probate laws and timelines.

Some PRs choose not to hire a lawyer to administer their loved one's estate, depending on the decedent's estate plan and the PR's own experience—but they do need to be legally authorized to dispose of the property. For example, they shouldn't be listing a house that they have no authority to sell. That's called fraud.

Here's what we do when we represent a PR in a probate matter, and here's why you should hire a lawyer when selling estate property.

OUR JOB AND HOW WE HELP YOU. A probate lawyer is a valuable resource who works with the PR regarding tax deadlines, outstanding debts, and the distribution of assets. A recent survey from Caring.com found that only 4 in 10 American adults over age 18 had a Will or a Revocable Living Trust. Those numbers rise as people age, with 81% of those age 72 or older and 58% of those ages 53 to 71 saying they had estate planning documents.

It's true that people handle their own probates for a loved one without a lawyer all the time, but there’s a mixed bag of results, and if you screw it up, you’re liable. If you blow a deadline, you’re liable. If you fail to do a tax filing or pay creditors, you’re liable. There are time frames that people have to be aware of; there are tax deadlines, creditor notices, Veterans’ benefits, and Medicaid reimbursement deadlines. There are a lot of issues that may or may not apply to a given case, and so understanding the context in which probate occurs is critically important.

And we don’t just deal with residences. We also work with PRs on investment properties such as rental properties, vacation homes, and even commercial buildings. One of our clients, for example, has property that’s been operated for three generations as an auto repair shop, which requires proper inspections and safety procedures regarding oil, antifreeze, and other chemicals.

HOW WE GET PAID AND HOW MUCH PROBATE COSTS. In Washington and Idaho, lawyers are paid either hourly or via a flat fee. In places like California, lawyers are allowed to be paid a percentage of the estate’s value as defined by statute, which is part of why probate is so expensive in California and probate avoidance techniques are much more widely used there.

Here in Washington, hourly rates can range from $150 to over $300, depending on the lawyer’s experience and the size of the law firm. As for a flat fee, about $2,500 to $3,500 is typical for a routine probate case. There are also court fees and related costs, usually between $500 to $2,000, depending on the estate.

DO YOU NEED TO HIRE A LAWYER TO SELL ESTATE ASSETS? An estate is required to go through probate if there is no valid Will or when a valid Will needs this process to facilitate paying debts and transferring ownership. Although each state varies, a good rule of thumb is that if a decedent owned land OR had $100,000 more of assets, probate is required. You won’t need probate if the deceased had a transfer-on-death deed or a living trust, or if a house was held in joint tenancy with a right to survivorship. You also can avoid the probate process if you’re the surviving spouse of the deceased in a community property state. However, if you’re a child or other relative of the deceased in this situation, you’ll likely be headed to probate court.

HOW CAN YOU ASSIST YOUR PROBATE LAWYER? Although each situation is unique, the best approach is to realize that your lawyer is here to help by answering your questions and guiding you through what needs to be done. A lot of people don’t know where to start. We can provide recommendations for companies that will clear out a house entirely and have it professionally cleaned and staged before putting it on the market. We're also sensitive to families who don’t want to go through that and would prefer selling the house as-is to distribute the proceeds as swiftly as possible.

Probate can take six months to several years, depending on the value and nature of the estate.

As painful as losing a loved one can be, it’s vital for survivors to communicate with one another and the professionals who can assist them so that everyone’s wishes are heard and the deceased’s affairs are conducted properly. If you've been named as Personal Representative of an estate an need legal advice and representation, give us a call at 253.858.5434 to set up an appointment today.

We are currently working with two other law firms in prosecuting wrongful death cases. They're handling the litigation, we're working on the probate portions of the cases.

We are currently collaborating with two other law firms in prosecuting wrongful death cases. While the other firms are handling the wrongful death litigation, we are working with them on the probate portions of the cases. In a wrongful death case, a Personal Representative must be appointed to administer the estate, which includes the filing of the Complaint for the personal injury on behalf of the decedent’s estate. While this process seems simple, it can be more complicated than what first meets the

eye. A number of issues must be considered:

1. WHO IS PERSONAL REPRESENTATIVE? If the decedent left a Will, the person named as Personal Representative in the Will is the one who administers the estate and files the Complaint in the wrongful death lawsuit. If the decedent died without a Will, the question of who has a right to be appointed as PR is determined by statute. In Washington and Idaho, the surviving spouse or domestic partner has the first right. Children of the decedent are next. However, any qualified person may be appointed, assuming they obtain the appropriate waivers and consents from any other heir who has an equal or prior right to be appointed.

2. WHO SHARES IN THE SURVIVAL CLAIM? If the decedent left a Will, the survival claim becomes an asset of the estate and is distributed in accordance with the terms of the Will. If the decedent did not leave a Will, then the estate is distributed in accordance with the intestacy statute for the state in which decedent was domiciled at the time of death. Intestacy statutes vary considerably from state to state.

3. TAXES. Estate taxes are also a consideration in a wrongful death case. Funds allocated to the wrongful death claim are not subject to estate taxes; funds allocated to the survival claim are.

* Federal Estate Tax. There is a federal estate tax exemption in 2021 of $11.7 million. The tax rate on the excess is 40%.

* State Estate Tax. Idaho does not have an estate tax. Washington does have an estate tax on all amounts over $2.193 million. The tax rate is graduated beginning at 10% and increases to 20% on amounts in excess of $9 million.

4. THE PROCESS. While the administration of an estate can be complex, the steps are relatively simple. In Washington, the process is as follows:

* Admit Will or apply for Letters of Administration, request appointment of a PR, and request grant of nonintervention powers

* Give notice to heirs and beneficiaries and the State Dept. of Revenue

* Give notice to creditors and the State Dept. of Social and Health Services

* Inventory estate assets

* Obtain Date of Death valuations

* File final income tax return

* File estate federal and state estate returns, if required

* Distribute assets/retitle as necessary and fund applicable trusts

* File the Declaration of Completion and provide notice to heirs and beneficiaries

While the process seems simple, it is complicated by the fact that financial institutions are slow to give date of death values, taxing authorities are very slow to audit tax returns, creditors of the estate have time to file claims, and some assets can be difficult to sell or liquidate.

Personal injury attorneys sometimes ask our law firm to step in and take over the administration of an estate that has already been started and has gone awry. It is much better for the personal injury firm to suggest that the appropriate family members hire an experienced estate planning and probate law firm that also practices personal injury law to assist in the probate from the outset. Considerable time and money can be saved by doing things right from the beginning.

If you have questions about how our firm can assist in the administration of an estate that includes a wrongful death claim, give us a call at 253.858.5434 and we'll be happy to assist you.

If you were injured in an auto collision, you might be wondering exactly how a lawyer can help you. Here's how we can help.

If you were injured in an auto collision, you might be wondering exactly how a lawyer can help you--or whether it's a good idea to try to deal with the insurance company and settle the claim on your own. While much depends on the specifics and the complexity of your case, in general we can:

* communicate with the other driver’s insurance company

* obtain the necessary evidence with respect to liability

* organize your medical records and bills

* communicate with your health care providers to obtain missing records

* work with your doctors to make sure they provide the medical information you need so that you can prove damages in your claim

* organize and present the evidence in order to prove liability and damages

* negotiate with lien holders on your claim (such as health, disability, or workers’ compensation insurers) to potentially reduce the amount of those liens, and

* negotiate a satisfactory settlement with the insurance adjuster or defense attorney.

COMMUNICATING WITH THE OTHER DRIVE'S INSURANCE COMPANY. In any personal injury case, we will open up a line of communication with the insurance adjuster for the other party. The adjuster has the pocketbook, and so it is critical for us to have good communications and a good relationship with the adjuster.

OBTAINING NECESSARY EVIDENCE OF LIABILITY. We can help obtain all of the evidence you will need to prove liability in an injury claim. Although you may have already taken pictures of the scene, we will probably go back to the scene ourselves to see what it looks like. While a picture may be worth a thousand words, actually seeing the scene with our own eyes can be worth a thousand pictures.

We will make sure to get all of the police reports in the case and will often speak with the investigating officers and witnesses. We will leave no stone unturned when it comes to obtaining evidence of liability.

OBTAINING NECESSARY EVIDENCE OF DAMAGES. This is where a good lawyer can be essential to your case, especially when you've suffered significant injuries in connection with a collision. It is critical to obtain all documentation related to your injuries, but it isn't always easy to get your hands on those records and bills from health care providers. Although the records are technically yours, and you have an absolute right to them, sending medical records to patients and lawyers is just not a health care provider’s first priority.

Small doctors’ offices may not have the staff or the time to respond to record requests on a timely basis. Large hospitals may have specific procedures that must be followed in order to respond to record requests. If you don’t follow their procedures (which they often don’t publicize very well), they simply won’t respond to your request. Then, when the health care provider does respond to the request, the records may be incomplete. We often have to request the same records more than once and then we have to follow up endlessly with the provider’s office.

Finally, it may turn out that the doctor did not use the “magic words” as to causation, prognosis, and disability in their notes. In order to successfully prosecute any type of personal injury claim, you must be able to prove, through medical evidence, exactly what your injury, disability, or physical limitation is, and that it was caused by the defendant’s negligence.

Doctors often don’t mention causation and extent of the injury or disability in their medical records. If this happens in your case, we will write the doctor and ask for a narrative report in which the doctor gives their opinion that the collision caused your injury or disability and that, as a result of the collision, you will be hindered or disabled for a specific period of time.

NEGOTIATING WITH LIEN HOLDERS. If you received benefits from a health, disability, or workers’ comp insurer, that insurer will have a lien on your claim. A lien means that the lien holder gets paid before you do, out of any settlement or judgment you receive. We will work with the lien holder to try to get them to reduce their lien. This is important work. Every dollar less that the lien holder takes is one more dollar that goes into your pocket.

NEGOTIATING THE SETTLEMENT. Finally, we will negotiate your settlement. This is hard work. Negotiation is a very specific skill. A personal injury lawyer is always going to be better at settling an injury case than a layperson would be. We know how to value a claim and how to work the case and conduct the negotiations so as to get top dollar from the insurer.

WHEN CAN I HANDLE A COLLISION CASE MYSELF? Most people don’t need lawyers for very small cases. If they are comfortable gathering the evidence and documents themselves and negotiating the settlement, then it is probably in their best interests to do that. Then, they save the 1/3 contingent fee that most personal injury lawyers take. The question is, what is a small case? And where is the line between a small case that you can handle yourself and a larger case for which you absolutely should hire a lawyer? As a general rule, if your medical bills total more than a few thousand dollars, or if you were out of work for more than a few days, you should probably hire a lawyer.

If you or a friend, family member, neighbor, or co-worker has been injured in a collision that was caused by someone else, give us a call at 253.858.5434 to set up an appointment for a free initial consultant today.

We know estate planning can be sensitive. We'll work with you to provide creative and thorough estate planning solutions.

We know that estate planning can be sensitive. We'll work with you to provide creative and thorough estate planning solutions. Having provided estate planning services to Pacific Northwest clients for nearly 25 years, we know the importance of equipping our clients to strategically establish an estate plan that may impact their families and communities for generations. Through fostering open, responsive communication and tailoring a customized plan, we can help you identify who will make crucial financial and healthcare decisions during both incapacity and after death, while also safeguarding your assets and minimizing taxes. Our goal is to build trusted relationships that last for generations. We can provide you and your family the following legal services

* Analysis of your personal and financial situation to determine the best approaches for achieving estate planning objectives

* Drafting Wills, Trusts, Powers of Attorney, Community Property Agreements, and other estate planning documents

* Selection of fiduciaries, including trustees, personal representatives, attorneys-in-fact, and guardians

* Complex tax planning and gifting strategies

* Business succession planning

* Planning to achieve charitable objectives—whether that involves outright gifts to charities or establishing a charitable trust or foundation

* Prenuptial and post-nuptial agreements

* Use of limited liability companies, limited partnerships, or other entities to manage risk

By laying a foundation of trust and providing high quality service, we strive for their clients to flourish, both economically and relationally. If you, your family, friends, neighbors, or co-workers need representative and legal advice about their estate plans, 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.