When you're injured in an auto collision, the most important thing you can do is seek medical care as soon as possible after the injury occurs.

When someone has been injured in an auto collision, the most important thing that they can do is to seek medical care as soon as possible after the injury occurs. Failure to seek medical care in a timely manner is not only dangerous, as it could impair your health and put your life in jeopardy, but it might also be costly in terms of recovering compensation in a personal injury case. If you do not seek care, an insurance adjuster may not believe your injuries to be serious.

It is important that you understand how a doctor can impact your personal injury case. From increasing your settlement amount to proving that you will have lifelong complications from your injury, your doctor is one of the most important components of your claim.

GETTING AN ACCURATE DIAGNOSIS. Before you can receive treatment for your injuries, it's important that you receive an accurate diagnosis. Although a diagnosis is usually a minimal cost in comparison to treatment, tests and appointments can still add up—for these, you deserve to be compensated.

Keep in mind that the diagnosis-to-treatment ratio is often important in a personal injury case. For example, if the doctor spends more time diagnosing you than they do treating you, an insurance adjuster may question the severity of your injuries, and thereby the amount of money you deserve for pain and suffering damages. This is because pain and suffering damages are often determined by multiplying your economic damages (medical bills) by a number one through five, known as a multiplier. However, if most of your medical bills are for diagnostic tests, the insurance adjuster may believe that your case warrants a lower multiplier.

RECEIVING TREATMENT. The second thing that will affect your personal injury case and damages is the type of treatment you receive and from where you receive it. Keep in mind that modern, mainstream medicine is generally regarded as preferable in the eyes of an insurance adjuster, regardless of your own personal beliefs. When you hand over a $100,000 bill from a well-regarded hospital, it is less likely that the insurance adjuster will challenge this. However, if you seek treatment in less traditional forms, including acupuncture, chiropractic, herbal treatments, etc., these forms may be more highly scrutinized. For this reason, it is almost always best to seek treatment from a doctor who practices traditional Western medicine. Although you may be able to recover compensation for less traditional treatments, doing so often proves to be much more difficult.

The duration and type of your treatment will also matter. For example, say that your doctor prescribes physical therapy. At this point, you may have two options: to seek physical therapy from a therapist who is within the doctor’s office/within the hospital where the doctor works and interacts directly with your doctor, or to seek physical therapy from an independent therapist.

In most cases, choosing the former—a therapist who works directly with your doctor—is ideal. This is because if you work with an independent physical therapist, the insurance company might assume that the therapist has taken things into their own hands, so to speak, and is providing you with endless therapy sessions that you no longer really need. On the other hand, when the therapist is working directly with the doctor, it is more clear how your medical team is working together.

ATTENDING YOUR APPOINTMENTS. Another component to your personal injury claim that may affect the amount of damages that you recover is whether or not you attend your appointments and follow through with the doctor’s orders. If you "no show" your appointments, the insurance adjuster assigned to your case will likely notice and will probably assume that your injuries are not as serious as you claim, since you are skipping appointments.

Further, be sure to strictly follow your doctor’s orders. Again, the insurance adjusters may be keeping an eye on your activity, even going as far as monitoring your social media accounts. If you do not follow the doctor’s orders, it can appear as though you’re not really injured.

KEEPING THOROUGH RECORDS. It is important that both you and your doctor keep thorough records of any and all medical treatment that you receive. Ask your doctor to keep detailed notes of your condition, and tell your doctor upfront that you are involved in a personal injury case. For all medical bills you receive, make a copy and store them in a safe place. Ask your doctor for a copy of your medical records.

As stated above, it is obvious that a doctor absolutely can impact your personal injury case. For this reason, it is important that you choose a doctor who is highly rated and works within a legitimate and mainstream health care facility. Again, it is also important that you seek medical attention as soon as possible after your injury, attend all your appointments, follow the doctor’s orders, and keep detailed records of all of your medical treatment.

SEEK LEGAL ADVICE AND REPRESENTATION. You may assume that if you are injured and someone else caused those injuries, they will have to pay for them no matter what. Unfortunately, that is not always how it works; there are dozens of variables that can affect how much your case is worth, including the doctor you choose and the medical care that you receive. To help you pursue a full and fair settlement in your personal injury claim, call an experienced personal injury lawyer at your earliest opportunity. The sooner you call, the sooner our team us, the sooner we can get to work on your case. We can assist you in keeping track of and organizing all of your medical data, as well as filing your personal injury claim. Contact us at 253.858.5434 to schedule a free initial consultation.

By now we're all aware of the health outcomes of COVID-19, so it's a good idea to make sure you have an up-to-date Health Care Power of Attorney and Directive to Physicians.

By now we’re all well aware of the health outcomes that may result from COVID-19: life-threatening respiratory conditions, extended hospitalization, and the chaos of trying to get medical care from a strained health care system. Given the dangers of this pandemic, it’s wise to make sure you have up-to-date health care directives—that is, a Directive to Physicians (commonly called a "Living Will") and a Health Care Power of Attorney.

At minimum, your preparations should include these basic documents that describe your wishes for medical care. Some states (like Idaho) combine a Living will and a Health Care Power of Attorney into a single form.

A Living Will is your written instruction to your physicians of the type of treatments you do or don’t want to receive if you become so ill that you can’t speak for yourself.

A Health Care Power of Attorney names a trusted person to be your health care agent. If you are unable to communicate your own wishes, your agent will communicate with your doctors for you.

If you already have these documents but haven’t laid eyes on them for a few years, now’s a good time to make sure they still match your circumstances and wishes. For example, do you still want the health care agent you named? Has your health changed in ways that might affect your instructions? Are your values still the same?

Even if your wishes haven’t changed, if it’s been five or more years since you made your document, you may want to draft a new one. The health care providers tasked with following your instructions will be more confident doing so if the form was made within the past few years; that leaves less room for doubt that the form reflects what you would want today.

Finally, consider whether enough people know about your advance directives. At minimum, be sure your health care agent has a copy. You may also want to send a copy to the doctors and medical facilities in which you would be most likely to receive treatment.

Any comprehensive advance directive form should cover what you need at this time, though there are a few important issues to consider in light of the COVID-19 crisis.

Make sure your health care agent can communicate with doctors. Most advance directive forms let you give your health care agent broad authority to communicate with your health care providers. Though in-person conversations are common, there’s no reason your agent couldn’t communicate with doctors over the phone or by email in situations requiring physical distance. To make this extra clear, however, you could amend your document to explicitly say that it’s okay for your agent to communicate with your health care providers by phone, email, video conferencing, or similar methods.

In the most severe cases of COVID-19, intubation—providing oxygen to a patient through a tube attached to a ventilator—may be necessary. But what happens if you’ve made an advance directive stating that you don’t want to be intubated? In that case, technically speaking, doctors shouldn’t withhold a ventilator if you have COVID-19 unless they believe you have no hope of recovering. That’s because health care instructions like these become legally effective only if doctors determine you have a terminal condition—one that can’t be cured or reversed by treatment.

That said, it’s difficult to know exactly how a traditional advance directive form will be interpreted or implemented during a pandemic like this one. Hour by hour, medical professionals are making difficult and uncertain choices for patients in severe respiratory distress. Even if doctors know a patient has made an advance directive, they may struggle to assess whether or not that patient can recover or whether the patient would want to be put through extensive and invasive procedures for a slim chance at regaining their previous quality of life.

Keeping this in mind, it’s wise to take a couple of steps regarding your health care instructions: First, review your advance directive’s language with the coronavirus in mind. Be sure you understand what your document says and that it accurately reflects your wishes. Supplement your instructions as needed.

For example, if you feel concerned that you will contract COVID-19 and doctors would withhold a ventilator when you want one—perhaps in the scenario where there aren’t enough ventilators to go around—add a note to your document saying so. On the other hand, if you don’t want doctors to intubate you or keep you on life support if they feel you are unlikely to recover or that your quality of life would be severely compromised by the virus, say so explicitly.

Second, but perhaps even more important, talk to your health care agent and those closest to you about your wishes. This may be difficult to do, but it’s essential.

If you have questions about Directives to Physicians and Health Care Powers of Attorney, feel free to give us a call at 253.858.5434 to see how we can be of service. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

What's worse than probate proceedings? Ancillary probate proceedings - that is, a second probate proceeding for the same person, in another state. We can help you avoid that.

What's worse than probate proceedings? Ancillary probate proceedings—that is, a second probate proceeding for the same person, conducted in another state. But sometimes it just can’t be avoided.

A second probate court proceeding is necessary if the deceased person owned real estate, or other tangible property, in a state other than the one they lived in. For example, it’s not uncommon for a Washington resident to also own a condo in Arizona, a vacation place on the Oregon coast, or some rental properties in Texas. Some investments may involve valuable tangible property as well—for example, mineral rights in land in another state.

When someone dies, real estate and items that are physically situated in another state are governed by the probate laws of that state. So a Washington court proceeding might take care of almost all of the Washingtonian’s property—except the Arizona condo. the Oregon house on the coast, or the Texas rental properties. For that, there may need to be separate probate in those other states.

The downsides of a second probate proceeding—there are no advantages—are obvious. The estate usually ends up hiring 1 and paying - another lawyer who practices in the second state. More court costs and filing fees must be paid. It may take longer for beneficiaries to get their inherited property.

Some states do try to make things a little simpler for out-of-state Personal Representatives who are already handling one probate. If you have already been named PR and need to open an ancillary probate, you may not need to go through the whole process of requesting that the court appoint you as PR. Instead, the second state may only require you to file your Letters Testamentary from the first state and a certified copy of the Will. That may be enough to give you authority to handle the ancillary probate.

How can you avoid having to do an ancillary probate in a second state? Probate-avoidance techniques must be used by someone who is doing the planning for their own estate. As the PR, there’s really not much you can do after the death. If you are asked in advance to serve as someone’s PR, though, ask whether or not there are assets in another state. There may be simple ways to avoid an ancillary probate—for example, by putting a house in a Revocable Living Trust, using a Transfer on Death Deed (TODD), or adding a joint owner to the title.

After the death, be sure to explore possible ways to transfer the property without a full-blown probate proceeding. If the property isn’t too valuable, you may be able to use a Small Estate Affidavit or other shortcut.

If you have questions about ancillary probates, or any other probate or estate planning questions for that matter, give us a call at 253.858.5434 to see how we can be of service. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

If you move to another state, do you need to throw out your estate planning documents and start all over again?

If you move to another state, do you need to throw out your estate planning documents—your Will, Trust, Directive to Physicians, and Powers of Attorney? A lot of effort and expense probably went into the preparation of those documents and you probably don’t want to have to start over from scratch.

For most people it’s a good idea to get a new set of documents that clearly meet your new state’s legal requirements. The good news is that you’ve already done the heavy lifting—you’ve decided which documents you want and the key things you want them to accomplish for your family. It shouldn’t be difficult to get new documents that reflect the wishes you’ve settled on.

In any case, if your estate planning documents are more than a few years old, or if you’ve had any major changes in your family (marriage, divorce, new children or grandchildren) or property since you signed them, it’s probably time for a review anyway.

If you prepared a Will in your old state of residence and it was valid there, then it’s probably valid in your new state as well; most states have laws that explicitly say this. So far, so good. Still, out-of-state Wills pose a couple of possible problems—or at least reasons to think about writing a new Will.

COMMUNITY PROPERTY. If you’re married and move from a community property state to a separate property state, or vice versa, the rules about what you and your spouse own can change. In community property states, spouses generally own together anything they acquire while they’re married. (There are a few exceptions to this rule, such as property that’s inherited by just one spouse.) In other states, each spouse generally owns whatever is in has in their name. If you move to a community property state, the state may treat all your property as if it had been acquired in the community property state—which may not be what you and your spouse want. It’s a good idea to make new Wills.

PERSONAL REPRESENTATIVES. Your Personal Representative (formerly called your Executor) is the person you name in your Will to wrap up your estate after your death—to collect your property, pay the bills and taxes, and distribute what’s left to the people named in the Will. A few states restrict who can serve as your Personal Representative. for example, Florida requires your PR to be related by blood or marriage, or to be a Florida resident. If you’ve recently moved south and your Will names a Washingtonian as PR, the Florida probate court won’t allow that person to serve. Many other states allow out-of-state PRs but impose additional requirements on them. For lots of reasons, it’s often best to have a local PR. So even though your Will is still valid, you may want to make a new one, naming a different person as PR.

REVOCABLE LIVING TRUSTS. A Revocable Living Trust isn’t subject to the same kind of rules as a Will; it should be valid in any state, no matter where you signed it. But take a look to be sure it’s up to date. If you acquire real estate in your new state, you’ll want to hold it in the Trust, so that it doesn’t have to go through probate at your death.

DIRECTIVES TO PHYSICIANS AND POWERS OF ATTORNEY. Some states explicitly accept Directives to Physicians (also called "Living wills") and Powers of Attorney that were signed in other states. Others don't have any laws on the subject, which means that healthcare providers in your new states might balk at out-of-state documents. But as a practical matter, no matter what state law says, your family is likelier to have an easier time getting the document accepted if it’s familiar to local medical providers.

Each state has its own forms, and they vary tremendously. Some states, like Idaho for example, have a combined Directive to Physicians and Health Care Power of Attorney, so that in one document you both state your wishes for end-of-life care and name someone to carry out those wishes. In other states, the documents are separate. The terminology can be different as well; in some places, you appoint a healthcare “agent,” in others, a “proxy” to act on your behalf.

BENEFICIARY DESIGNATIONS. If you’ve named a transfer-on-death beneficiary for an insurance policy, bank account, retirement plan account, or other asset, it should be valid no matter where you live. Your agreement is with the institution that controls the asset—the bank, insurance company, or retirement account custodian. Just make sure that the institution has up-to-date contact information for both you and the beneficiary you named.

If you have estate planning questions or would like your out-of-state estate planning documents updated or reviewed to make sure they comply with Washington law, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Lawyers' Duties to Clients and Clients' Obligations to Lawyers in Personal Injury Cases

When you hire a lawyer to represent you in a personal injury case, your lawyer has certain duties to you. In addition to providing you with confidentiality and competent representation, your lawyer also has the duty to avoid conflicts of interest, charge reasonable fees, and keep you informed about the status of your legal matter. The obligations between a lawyer and client, however, are not a one-way street. Clients also have a duty to their lawyer to cooperate in the conduct of their case.

A client’s duty to cooperate with their lawyer essentially means that a client is obligated to reasonably assist the lawyer with aspects of the case. This duty to cooperate can manifest in a number of different ways and can specifically involve the duties to:

(1) Disclose all relevant facts regarding the case – What is considered to be ‘relevant’ to the case will vary according to the nature of the incident and the claim. For example, relevant facts for an auto collision case could include information regarding the date, location, involved parties, and suspected causes of a car crash.

(2) Not lie to your lawyer – Lies include misinformation, as well as omissions of relevant information to the case.

(3) Provide all the information and documentation required by your lawyer – Such information and documentation can include evidence you have gathered (like crash scene photos), correspondence you have received from an insurance company, and/or your medical bills for treating your injuries.

(4) Notify your lawyer of any change of address, phone number, email, etc. – This aspect of cooperation is meant to ensure that your lawyer can easily contact you regarding the case whenever necessary.

(5) Not do anything that may hurt the case – Destroying evidence for a case, providing damaging statements to the opposing side, and/or discussing the case on social media are a few ways that a client may hurt their case.

(6) Respond to your lawyer - Clients get upset when their lawyer doesn’t return phone calls. And lawyers feel the same way. If you don’t return your lawyer’s phone calls, emails, or letters promptly, you're not just wasting your lawyer's time, you could also be hurting your case.

(7) Attend all medical appointments and follow your doctors' advice - Your health care providers will note any appointment that you miss, and, if you miss too many or if you don't follow your doctors' advice about treatment, the insurer adjuster (or the jury) is going to assume that you must not have been hurt as badly as you claim. This will cost you money. Be sure to keep all of your appointments and follow your health care providers' advice.

( Cooperate in the discovery process - If you end up filing a personal injury lawsuit, the defendant will send your lawyer written questions called interrogatories, as well as document requests. Your lawyer will send these on to you. You will need to promptly answer the interrogatories and provide your lawyer with the requested documents, or your case could be dismissed. Help your lawyer, and help yourself. Respond to all discovery as quickly as you can. Also, practice for your deposition. Your deposition is a very important step in your case. Your lawyer is there to help you prepare, to offer guidance during the proceedings, and even step in if the other side is taking a questionable approach. Follow your lawyer's advice and recommendations.

(9) Don’t (always) blame your lawyer. - Personal injury clients who are annoyed that their case isn’t going well will often turn on their lawyer and say that it must be the lawyer’s fault. Some things are indeed a lawyer’s fault, and any client needs to be attuned to that. But some problems that arise in personal injury cases are the client’s fault, and other obstacles are no one’s fault. Some personal injury cases just aren’t that strong (meaning there's little or no chance of reaching a favorable outcome). Don’t blame the messenger if your lawyer brings bad news. It's not going to help your case.

The primary reason that a client has this duty to cooperate with their lawyer is to foster effective legal representation. When a client overlooks this duty, they can be sabotaging their lawyer and compromising the case.

If you or a loved one has been hurt in an auto collision caused by another’s negligence, contact us at 253.858.5434 to set up an appointment for a free consultation today.

For people with estates between $10 million and $20 million, selecting an appropriate estate planning strategy can provide substantial reductions in estate tax liability.

For individuals who have estates between $10 million and $20 million, taking advantage of the current laws could provide a substantial reduction in estate tax liability. Selection of an appropriate strategy depends on whether a person or family is looking to maintain access to the assets they are removing from their taxable estate, or whether they intend to transfer those assets to children and/or grandchildren.

Strategies that allow a person to benefit from assets and appreciation that are removed from the taxable estate:

SPOUSAL LIFETIME ACCESS TRUST (SLAT). A SLAT is an irrevocable trust set up for the benefit of a spouse that is funded by gift while the grantor-spouse is still alive. The ultimate goal is to move assets out of the grantor spouse’s name into a trust that can provide some financial assistance to a beneficiary-spouse, in a manner that shelters the property from the beneficiary spouse’s future creditors and taxable estate.

BENEFICIARY DEFECTIVE INHERITOR'S TRUST (BDIT). In short, a BDIT is an irrevocable trust that allows one to enjoy the benefits of a traditional trust without giving up control of their property. The BDIT is structured in a way that allows the beneficiary to continue managing and using assets without causing the assets to be included in his or her taxable estate.

Strategies that transfer assets and appreciation to future generations:

GRANTOR RETAINED ANNUITY TRUST (GRAT). A GRAT is an irrevocable trust that allows the grantor to freeze the value of appreciating assets and transfer the growth at a discount for federal gift tax purposes. The grantor contributes assets in the trust but retains a right to receive an annuity from the trust while earning a rate of return specified by the IRS. GRATs work best in a low-interest rate environment because the appreciation of assets over the set § 7520 rate goes to the beneficiaries, and at the end of the term, the leftover assets pass to the grantor’s designated beneficiaries with little to no tax impact.

GIFT OR SALE OF INTEREST IN FAMILY PARTNERSHIPS. Family Limited Partnerships (FLPs) allow for the transfer of assets, via partnership interest, from one generation to the next without giving up control of the property. These partnerships also have the opportunity to be transferred at a discount to net asset value, which can reduce gift and estate tax liability.

Strategies that benefit charitable interests while also benefiting grantors or heirs:

CHARITABLE LEAD TRUST. A CLT allows gifts to have immediate impact on charitable organizations during the grantor’s lifetime while providing eligibility for advantageous tax benefits for either the grantor or the grantor’s heirs. This trust works by paying a set annuity to a specified charity for a set term, and when it expires, the balance of the trust is available to the trust beneficiary. CLTs are most beneficial in a low-interest environment because a lower interest rate will reduce the taxable portion of a grantor’s gift to the remainder beneficiaries, and the assets in the CLT may appreciate at a higher rate.

CHARITABLE REMAINDER TRUST (CRT). A CRT is thought of as an inverse to a CLT. In a CRT, the grantor receives an income stream from the trust for a term of years, and a charitable organization receives the remaining assets at the end of a trust term. CRTs work best in a high-interest-rate environment because they assume the money in the CRT will grow quickly, leaving more for the charity when the income interest ends. The grantor receives an immediate income tax charitable deduction when the CRT is funded based on the present value of the estimated assets remaining after the annuity term ends.

Each of these strategies has nuances that should be examined carefully in consultation with an estate planning lawyer before being implemented. While the present opportunity for significant estate and gift tax savings is substantial, careful planning is required to ensure that each family’s objectives are supported by the wealth-transfer vehicle they employ.

While 2020 gave us a global pandemic, we should look at 2021 as the time to take proactive steps to preserve assets and advance the legacy you envision for yourself and your loved ones. If you have estate planning questions, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

In Washington, there are two different levels of court supervision of probate proceedings: nonintervention probates and full intervention probates.

When administering and settling the estate of someone who has died, it is important to note that there are two different levels of court supervision of probate proceedings:

NONINTERVENTION PROBATES. A person may, by specifically saying so in their Will, relieve their Personal Representative (PR) of all duties imposed under the probate statute, or add duties not imposed by the statute, with the exception of the duty to act in good faith and honest judgment. RCW 11.68.909(2). When a PR is granted nonintervention powers, the PR’s administration of the estate is no longer directly supervised by the court (RCW 11.68.011 and .090), unless an interested party brings a petition for a report on the affairs of the estate (RCW 11.68.065) or a citation in which the court issues a show cause order to the PR to answer the well-documented allegations of the interested party (RCW 11.68.070). The court may limit or revoke a PR’s nonintervention powers, under appropriate circumstances, or even replace the PR. Adequate reasons for removing a PR are waste of estate assets, embezzlement, mismanagement of estate assets, or any other reason satisfactory to the court. RCW 11.28.250. A removed PR must account to the court for their management of financial assets during their tenure, and deliver all assets and paperwork of the estate to the successor PR. RCW 11.28.290. A nonintervention PR may close the nonintervention probate by the filing of a Declaration of Completion with minimal reporting of facts to the heirs or beneficiaries. RCW 11.68.110.

We encourage nonintervention PRs to keep creditors, heirs, and beneficiaries abreast of estate developments to the extent of their individual needs. Lack of information breeds distrust and injures family harmony.

FULL INTERVENTION PROBATES. In full intervention probates, a PR must seek the court's permission for each of their actions. These requests are usually brought before the court in batches, and most probates require two sets of requests. A full intervention PR accounts annually to the court and heirs or beneficiaries about the affairs of the estate. RCW 11.76.010. The full intervention probate is closed by accounting to the heirs and beneficiaries (the final report), which must include the PR’s receipts and canceled checks (RCW 11.76.100) in the course of a final hearing, at which the court approves the PR’s accounting and plan of distributing the estate assets (decree of distribution). RCW 11.76.030.

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

Everyone has an estate. An estate plan allows you to provide for your family's future upon your death. This process can be overwhelming, emotional, and stressful. We can help!

Everyone has an estate. By definition, an estate is everything that you own, which includes all real estate, vehicles, jewelry, stocks, and money. While simple in theory, what happens upon your death? Who will receive your assets? This is where an estate plan comes in. Encompassing legal documents that provide instructions, an estate plan allows you to provide for your family’s future upon your death. This planning process can be an overwhelming, emotional, and stressful one. By hiring our law firm, we can help you with:

(1) MAKING A WILL AND IDENTIFYING YOUR BENEFICIARIES. While you can find a Will template online, it probably doesn’t actually fit your needs. Rarely do people’s lives, families, and assets fit into a cookie cutter, one-size-fits-all template. Meeting with an experienced estate planning lawyer can help make this process easier. Additionally, we're a great resource to use when allocating assets to beneficiaries. We will truly listen to your needs and offer advice when needed.

(2) HELPING AVOID PROBATE, IF NECESSARY. Probate is the court process for transferring a deceased person’s estate to the named heirs and beneficiaries. Going through probate can be expensive and time consuming, and the entire process is open to the public. Anyone who is willing to go to the courthouse can obtain copies of the Will and any legal documents associated with it.

Luckily, there are tools and techniques we can use to avoid probate. We can help you prepare and fund a Revocable Living Trust. If all of your assets have beneficiary designations, your estate can avoid probate. Additionally, if your estate consists of less than $100,000 of total property, a Small Estate Affidavit can be used to transfer assets from your estate to your heirs.

Hiring a lawyer can help to avoid probate entirely by ensuring that all your assets are designated correctly. Should your loved ones have to enter in the probate process, a lawyer can prepare them and help them in navigating the legal system.

(3) HAVE KNOWLEDGE OF STATE AND FEDERAL LAWS. Probate laws are constantly updated, and chances are if you’re planning your own estate, you might miss a new law that could negatively impact your estate plan. A good estate planning lawyer will be up-to-date on the state probate code and know if or how changes will affect you and your estate plan.

(4) ENSURE YOUR HEALTH CARE WISHES ARE CARRIED OUT BY SOMEONE YOU TRUST. We can help advise on who the best person will be to carry out your health care wishes. Often, we choose a family member when emotionally that role might be better suited to a close friend who’s a bit more removed from the situation. We can act as an advisor to guide you on who might be best to serve in this role.

(5) PROTECT YOUR FAMILY AND YOUR LEGACY FOR THE FUTURE. A well-thought out estate plan will include elements such as your Will, list of beneficiaries, Durable Power of Attorney (should you become incapacitated), Directive to Physicians, and possibly other documents. This entire plan will ensure that your loved ones won’t have to jump through hoops upon your death. Meeting with a knowledgeable estate planning lawyer can ensure that these documents have all the details laid out properly.

(6) UPDATE AND MODIFY THE ESTATE PLAN WHENEVER NECESSARY. Estate plans can change over time. Why? Whether it’s a divorce, birth or adoption of a child, marriage, change in assets, purchase or sale of a small business, health, or even an out of state move – whatever the situation might be, you should plan to update your estate plan throughout your life. Usually in these scenarios, amending your estate plan is not top of mind, especially if you are busy with a new baby or a cross-country move. Once life slows down a bit, you can reach out and we can update your estate planning documents accordingly.

If you, a friend, family member, neighbor, or co-worker has questions about how an estate planning lawyer can help out, give us a call at 253.858.5434 to set up an appointment today. We represent and advise clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Obtaining Personal Injury Clients' Medical Records Through the Health Information for Economic and Clinical Health (HITECH) Act

Last year, the U.S. District Court for the District of Columbia issued an opinion vacating the “third-party directive” of the individual right of access under the Health Information Technology for Economic and Clinical Health (HITECH) Act. This decision places in doubt lawyers' ability to use HITECH to obtain personal injury clients' electronic medical records at a reduced cost, which is why we have changed our procedures to assist clients obtain their medical records themselves.

It used to be that obtaining your client's medical records following an auto collision could cost hundreds of dollars, which under the Rules of Professional Conduct, would necessarily be ultimately paid by your client, thereby lowering the net amount of their personal injury settlement. Now, under the HITECH Act, access to client medical records only costs around $10. We regularly advise our clients and potential clients of their right to obtain medical records at reasonable cost under the HITECH Act. The HITECH Act allows clients to obtain their own medical records on CD or DVD at low cost.

Traditionally, most lawyers have obtained their clients’ medical records by sending a request to the relevant medical provider with a HIPAA release. The provider would respond by printing out the records and sending the lawyer a bill for the statutory per page rate, plus shipping costs, sales tax, and any number of “administrative” fees. The result is that medical records of even moderate length often cost at least a couple hundred dollars.

But while HIPAA arguably authorizes medical providers to gouge attorneys, the HITECH Act guarantees clients a right to obtain electronic medical records from medical providers at a reasonable fee not to exceed the provider’s labor costs in responding to the request. There are a couple ways providers can calculate labor costs; they can use actual costs, average costs, or assess a flat rate. They also may add in some direct expenses, such as the cost of the CD onto which they load the records. Importantly, however, storage and administrative costs of maintaining medical records are not recoverable as labor costs. The result is that, as a practical matter, HITECH often allows clients to obtain their own records for under $10.

The HITECH Act gives individuals access to their own medical records. For that reason, any records request must be initiated by the client. We usually have clients sign HITECH letters that we've prepared that instruct the medical provider to send the records to directly to the client, and then submit the letters on their behalf.

A good HITECH letter should state in plain language in the subject that it is made pursuant to the HITECH Act. In most cases, the letter should request both a full and complete copy of all medical records and itemized billing records. Request that the records be certified, and that they be provided in .PDF on a CD or DVD. The letter also pre-authorizes a charge of any amount below $25, which simultaneously ensures prompt processing of accepted HITECH requests while hitting a pause button on responses billed using HIPAA rates. The letter must also be signed by the client.

Unfortunately, no matter how clearly the client labels a request as under the HITECH Act, some medical providers still ignore this fact and attempt to bill the client at their normal, high rates. In many cases, a short but firm email to the provider instructing them to send a revised invoice consistent with the HITECH Act will get the job done. But other times a bit more back-and-forth is required.

Providers might sometimes try to exclude particular records or services from the request. For example, a provider may fail to include, or separately charge for, imaging films. But such films fall within the definition of “electronic health record” contained within the Act, because they are electronic records “created, gathered, managed, and consulted by authorized health care clinicians and staff.” If providers refuse to scan records that are in paper copy only, we will direct them to HHS’ website, which states that individuals are entitled to materials that can be readily scanned.

Relying on clear, short, and simple emails to the provider will usually resolve the issue, without wasting too much time. When a provider simply refuses to be reasoned with, we suggest it run the correspondence chain by its general counsel. And if that fails, we will file a complaint online with the Department of Health & Human Services' Office of Civil Rights.

Sending HITECH letters is a useful, often-painless tool to decrease the cost of bringing a personal injury action, but there are procedures that need to be followed. If you or a friend, family member, neighbor, or co-worker has been injured in an auto collision and have questions about using the HITECH Act to access their medical records, give us a call at 253.858.5434 to see how we can help.

The probate process can be a tricky thing. Especially when taxes and family conflict come into play. We're here to help you through your probate problems.

Have you recently lost a loved one? Need to deal with the probate process, but not sure where to start? Not sure if and when you should hire a lawyer?

The probate process can be a tricky thing. Especially when taxes and family conflict comes into play. We’re here to help you through your probate problems.

WHAT IS PROBATE? Probate is a legal process that occurs after a person has died. In it, the validity of the deceased person’s Will is verified, and someone, family or friend, is appointed as the Personal Representative of the estate, whose job it is to manage the estate and distribute assets to anyone named in the Will. If there is no Will, the probate process is used to determine to whom and in what amounts the decedent's assets should be distributed.

Probate is a catch-all term that covers the legal process, the court in which the issue is handled, as well as the act of distributing any of the decedent’s assets. The probate process covers every aspect of estate administration, including:

* Validating the deceased person’s Will

* Appointing a Personal Representative

* Inventorying and appraising the worth of all assets in the estate

* Paying any applicable taxes and debts

* Identifying all beneficiaries or heirs and distributing assets

This process generally begins after the decedent’s representative files a petition in the court. It ends when the court officially closes the estate.

THE LAWYER'S ROLE. The estate's lawyer advises the Personal Representative or one or more beneficiaries of a decedent’s estate. Their day-to-day-responsibilities can vary greatly depending on the state probate laws and based on whether this person passed away with or without a Will.

A lawyer can assist with a variety of responsibilities throughout the probate process. They can help identify and secure assets and help obtain appraisals any of the decedent’s property. They can also ensure that any documents required by the court are filed in a timely fashion. Beyond that, they can advise on the payment of the decedent’s bills and outstanding debts, and keep track of the estate’s checking accounts. They can also manage the payment of any relevant estate and inheritance taxes, and make sure any income tax issues are addressed. A lawyer can also assist with settling disputes between beneficiaries and Personal Representatives, the sale of any estate property, and distributing the decedent’s assets among beneficiaries. In short, lawyer can assist with a wide range of responsibilities throughout the probate process. They can take what is an easily overwhelming process and make it simpler and stress-free.

WHEN YOU NEED TO HIRE A LAWYER. Now that you know what a probate lawyer is, you’re probably wondering if and when you’d need one for your probate issue. Here are some questions you can ask yourself to determine if you need a probate lawyer.

(1) Can the Deceased Party’s Assets Be Transferred Outside of Probate?

If the decedent planned their estate properly in advance, you may not need to handle estate issues in a court setting. Common assets like joint tenancy and "transfer on death" accounts can often be handled outside of probate court. It can also be unnecessary for any assets in which the deceased party has been named a beneficiary.

(2) Is the Estate Big Enough to Pay Off All Existing Debts?

If you realize the estate isn’t large enough to pay off these bills, you should contact a lawyer to help you figure out how to pay those off. Under no circumstances should you pay off these other debts without consulting a lawyer in advance.

(3) Does the Estate Owe Federal Estate Taxes?

Most estates aren’t required to pay federal estate taxes. If the estate is large enough to owe estate taxes, you want a lawyer who is familiar with that process to assist you.

WHAT TO DO WHEN WORKING WITH YOUR LAWYER. Hiring a lawyer can really help you navigate the probate process in the smoothest way possible. But there are some things you’ll need to do to make the process as productive as possible.

* Provide your lawyer with all necessary documents (such as the will, deeds, insurance policies, and tax returns)

* Ask any questions you have in advance and communicate often

* Stay on top of your case

FIGURING OUT THE PROBATE PROCESS. Dealing the death of a loved one can be sad and complicated, especially if there’s an estate involved. A lawyer can walk you through the probate process and make you feel secure during a stressful time.

If you've been named Personal Representative of a loved one's estate and have questions about the probate process, give us a call at 253.858.5434 to see how we can be of service.

Estate planning is a little different for artists, authors, musicians, and songwriters.

Estate planning is a little different for artists, authors, musicians, and songwriters. These clients spend so much time and effort in creating their work, yet most don’t consider what will happen to their body of work, and their legacy, after they die. Mortality will catch up with us, and often unexpectedly, so it pays to think about what you want to happen to your work after you are no longer able to create or control the process, publication, and distribution, as well as providing a guide to your heirs as to how you want to be remembered. This becomes particularly important when other people or organizations have a claim to a portion of your assets, such as a spouse, children, manager, agent, publisher, gallery, record label, or co-writers and partners.

There is a lot to consider in estate planning for artists that would not apply to traditional estate planning. Like all legal issues, the process can seem daunting because most people are not well-versed in the legal jargon (and let's be honest, hiring a lawyer can be expensive) but just think about what can happen if you don’t provide guidance.

* What will happen to your body of work or other assets like your expensive equipment, sketches, notes (things that represent your process), computer, instruments, materials, or even your studio?

* Who will make sure that your assets are distributed according to your wishes and not by state law?

* Depending upon your work’s value, some serious challenges could break out among your relatives, which you probably want to avoid.

* You may want some of your work to be donated to a charity or some other persons or organizations. Without a legal document, it won’t happen, even if you have made your wishes known verbally to someone.

* If any of your work is under contract or license, your beneficiaries need to know about it.

* You probably have a lot of unseen or unheard work that may have value today or in the future, so your breadth of work should be cataloged and distributed according to your wishes.

* Tax implications from giving your artwork or other assets to your beneficiaries may make it difficult for them to accept. Tax liabilities can be limited through proper planning.

* The publishing rights and copyrights to your work are assets entirely separate from the work itself. Not all non-artists realize this.

* Your family and friends may not be familiar with your body of work and may need help from an "artistic advisor" like an agent, manager, curator, publisher, instructor, or fellow artist in cataloging and valuing work.

While it is easy to put estate planning off, it is best to begin planning for your legacy at the beginning of your career. Whether you are a mid-career artist showing, publishing, or performing regularly, or an emerging artist just starting out, top on your list of priorities should be a plan for the preservation of your body of work and dissemination of your assets. At the very least, you should become familiar with the estate planning process so that you can identify the right time to formally prepare and know the documentation you will need.

We have been representing artists, authors, musicians, and songwriters for over 20 years. If we can be of service to you, your family, or friends, give us a call at 253.858.5434 to set up an appointment today.

Everyone needs an estate plan, but we recognize that every client's situation is unique. There is not a "one-size-fits-all" rule about when certain estate planning tools are necessary.

Everyone needs an estate plan, but we recognize that every client's situation is different. There is not a "one-size-fits-all" rule about when certain estate planning tools are necessary, including the need for a revocable living trust.

TRUSTS. A revocable living trust (sometimes us lawyers get fancy and use the Latin term, an "inter vivos trust") is established during the client's lifetime. The client holds assets in the name of the trust while they are alive and usually reserves the right to change the trust. Because the client may serve as trustee and beneficiary, most clients find no difference between managing the trust and managing their own property outside of trust. Even though property is held in the trust's name, the client retains the right to buy, sell, or give property away.

WHO NEEDS A TRUST? When we meet with a client, one of our jobs is to determine whether a trust is right for the client, and this depends on several factors, such as:

* Second Marriage

* Incapacity Planning

* Special Needs Child or Beneficiary

* Divorce

* Minor Children

* Large Settlement Recipient

* Death of a Spouse or Beneficiary

* Children are not Self-Supportive

* Spendthrift Issues

* Large Inheritance Recipient

* Owning Real Estate in More than One State

BENEFITS OF A REVOCABLE LIVING TRUST. A trust avoids probate. When a Trustor dies, the successor Trustee immediately takes over management of the trust and administers the trust according to its terms. Court involvement is not required.

A trust avoids guardianship. If a Trustor becomes incapacitated, the successor Trustee takes over management of the assets without court involvement. Additionally, if used with a power of attorney, the Trustee and attorney-in-fact are not required to account to the court annually, as they would have to in a guardianship proceeding.

A trust maintains anonymity. Unlike a Will, which is filed with the court in a probate proceeding, a trust does not become a matter of public record.

A trust helps manage the client's affairs. If a client becomes incapacitated, a trust allows the successor Trustee to step in and manage trust assets. The trust may also allow the temporary appointment of someone to manage trust assets in the client's absence. This may be necessary, for example, if the client takes an extended vacation or is deployed overseas. Corporate Trustees are often used for this purpose.

Trusts are easy to manage (compared to probate). Do not be fooled—trusts are not "easy" to draft and set up, but compared to probate, well-drafted trusts are easy to administer. Since there is no one-size-fits-all plan, every trust should be tailored to that client's specific needs and estate planning objectives. Most states require no witnesses or other specific language to effectuate the living trust and/or an amendment to it. However, best practices dictate certain procedures that should be followed.

Trusts are good for "far-flung" assets. If a client owns real estate in more than one state, some form of probate will likely be required in each state. A trust avoids the necessity for a probate in all states.

HOW A LIVING TRUST WORKS. A living trust enables a client to control the distribution of their estate—just like a testamentary trust or Will. Unlike these other tools, a properly funded living trust completely avoids probate. When a client establishes a living trust, the lawyer usually transfers (or assists in the transfer) all of the client's assets to the trust. This process is called trust funding. Once the trust has been funded, then technically, the client no longer owns the assets individually. The assets are owned by the trust.

COMMON MISCONCEPTIONS. There are many things that people get wrong about the living trust, or don't understand correctly. These include:

My estate is not large enough to need a trust. The old school of thought was this: If an estate was not above the estate tax exemption amount (unified credit), then there was no reason for a trust. This is simply not true. A trust is still necessary for a number of reasons: It avoids probate; it provides more control and flexibility over the client's assets; and when used in conjunction with a durable power of attorney, it avoids a guardianship.

I will give up control of my assets. With a revocable living trust a client retains full control of their assets. The trust continues to use the client's social security number and does not file a separate tax return while the Trustor is alive.

Joint tenancy will protect me from probate. While is it true that on the death of the first joint tenant a probate does not occur, upon the second death or in the event of a common disaster, a probate will almost always be triggered. Also, when a client owes property jointly with a child, the client exposes that asset to the potential creditors of the joint-owner child. There may also be some tax consequences regarding the asset's carryover tax basis.

I will not have to probate because I have a Will. This is probably the most common misconception. A Will is simply a set of instructions to the probate court regarding how the client wants their property to be distributed. A Will does not avoid the probate process.

WHAT A LIVING TRUST WILL NOT DO. Living trusts are important estate planning tools. In recent years, many people have come to expect them to work wonders. But here's a list of miracles that trusts will not perform:

A trust does not make a Will unnecessary. Clients still need a simple Will to take care of the assets they fail to transfer to the trust or for assets that they acquire shortly before death. If they have minor children, the clients probably need a Will to appoint a guardian.

A trust does not affect operation of law transfers. Like a Will, a living trust does not control the disposition of jointly owned property, life insurance payable to a beneficiary, or other non-probate property. Operation of law transfers control, regardless of the terms of the trust.

A trust does not protect assets from creditors. During the Trustor's lifetime, creditors may attach to trust assets.

A trust will not protect assets absolutely from disgruntled heirs. While it is harder to challenge a living trust than a Will, a relative can still bring a lawsuit to challenge a living trust on the grounds of lack of mental capacity, undue influence, duress, or for other reasons.

A trust will not entirely eliminate delays. A living trust may lessen the time it takes to distribute assets after a client's death, but it will not completely eliminate all delays. The Trustee will still have to collect debts owed to the estate after the Trustor's death, prepare tax returns, and pay bills and distribute assets, just as a Personal Representative would. All of this takes time.

WILLS. When executing a trust, it is important to also execute a "pour over" Will. This is an essential component to a complete estate plan because it "pours over" any unknown or subsequently acquired assets from the probate estate into the trust. Traditionally a "pour over Will" is used as a precautionary measure when a trust is done. However, you should not rely on a Will to fund the trust. If you use a pour over Will to fund the trust, then the trust may then be public record, as it may be incorporated by reference and become part of the probate. This is especially true if the Will is contested. Additionally, the assets that are part of the probate will be public record.

If you have questions about revocable living trusts or any other estate planning tools and techniques, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

We represent injured people who have been hurt in auto-pedestrian collisions. If you or a loved one has been hurt, we can help!

When you're walking outside, you may take your safety for granted. Sidewalks, crosswalks, and crossing signals protect you from traffic. In truth, however, you always run a risk when you are walking near a roadway. Should you become involved in a collision with a vehicle, you are at substantial risk of serious injury or even death. If the unthinkable occurs and you are hurt in a collision—or a loved one is killed—contact a lawyer without delay.

As the miles Americans travel increases each year, so do pedestrian fatalities. According to the Governors Highway Safety Association, the number of U.S. pedestrian deaths climbed higher in 2019 than at any time during the previous 30 years.

WHO QUALIFIES AS A PEDESTRIAN? You do not have to be out for a walk to be considered a pedestrian. For the purposes of personal injury law, a pedestrian is an injury victim who was not in a motor vehicle at the time of a collision. As such, you qualify as a pedestrian if you were injured while:

* Changing a tire

* Cleaning the outside of the windshield

* Traveling on foot

* Riding in a wheelchair

WHO IS AT FAULT? Determining who is at fault in a collision is often difficult, but your lawyer has the knowledge and expertise to help. By law, drivers must show reasonable care in operating a vehicle. If they are negligent or willfully careless, they are likely to be liable for a collision that results. A negligent driver might:

* Be distracted by a passenger or a phone call

* Fail to notice a pedestrian “walk” signal

* Not see the crosswalk is occupied and stop

* Fail to signal a turn

* Miscalculate hazardous road or weather conditions

A willfully careless driver may:

* Text while driving

* Ignore crossing signals or school zone signs

* Choose to speed through an occupied crosswalk

* Choose to drive while impaired

CALCULATING DAMAGES. Determining the damages you are due as an injury victim is another gray area where a lawyer's advice is invaluable. A damage award should cover your current and future financial losses, including:

* Medical bills

* Loss of income

* Pain and suffering

* Ongoing physical or mental therapy

* Other foreseeable losses

We have been representing injured people and their survivors for more than 20 years. We understand the challenges you face and make sure you do not have to face them alone. Call us today at 253.858.5434 to set up a free initial consultation.

We can help with your small business's contract and collection methods to curtail rising accounts receivables caused by delinquent customers.

Often the most challenging part of operating a business is ensuring you get paid for your services. As a business chugs along month after month, it’s inevitable that a stack of past-due accounts receivables eventually grows. This is an unfortunate situation in which even the most business-savvy entrepreneurs find themselves with delinquent customers. Implementing a few best practices into your future customer dealings, agreements, and collection methods can help curtail rising receivables.

Here are some best practices in contract and collection methods which can help curtail rising accounts receivables caused by delinquent customers:

WRITTEN PLAN FOR ADDRESSING DELINQUENT ACCOUNTS. For starters, it is vital that your business implement a written plan for timely addressing delinquent accounts before they get out of hand. Every business should have a formal collection process in place to know the plan of attack on day one of the receivable and to have a consistent approach for all delinquent accounts. The goal should be that no past-due receivables are overlooked and ignored.

A collection policy need not be complicated or burdensome. In fact, the simpler the better. The point of the plan is to avoid procrastination on delinquent accounts and, therefore, to ensure action of some type is taken every so often. For example:

--10 days past due – phone call to debtor;

--20 days past due – follow up phone call to debtor;

--30 days past due – written demand letter to debtor;

--60 days past due – final notice demand letter to debtor;

--90 days past due – turn past-due account over to a lawyer.

IMPORTANT CUSTOMER INFORMATION FOR INCREASING COLLECTION SUCCESS. Once you have a formal written collection plan in place, the next step is to ensure your customer contracts and credit agreements contain the information you need to make it easier to collect the inevitable next delinquent account. When it comes to obtaining customer information, the more the better. This is where the old saying "An ounce of prevention is worth a pound of cure" comes to mind. Here is a non-exhaustive list of must-have customer information to request on your documents:

* Full legal name;

* Name of personal guarantor if customer is a business;

* Home address;

* Business address;

* Phone number(s);

* Email address(es);

* Banking institution with account numbers, branch name and location, and phone number;

* Trade references;

* Personal referrals;

* Disclosure of prior bankruptcy filings.

ADDITIONAL CONSIDERATIONS FOR YOUR CUSTOMER CONTRACTS. If possible based on your business, obtain a spouse’s signature on your contracts/agreements to include as an additional customer.

Don’t forget about the personal guarantee. If your customer is a corporation or other business entity you should have a personal guarantee section on your contract or credit agreement. The individual signing as the personal guarantor must sign in their individual capacity, not in their corporate capacity. Bottom line is that your business needs an individual that it can collect the debt from if the business entity goes out of business or has other financial difficulties.

Regarding interest and collection costs, you will want to ensure your contracts give your business the right to collect interest at the highest rate allowed by law. Your business should also consider including an attorney’s fees provision on its agreements. In Washington and Idaho, you are able to claim recovery of your collection costs and attorney’s fees so long as the underlying contract gives you the right to do so. But be aware that this type of provision works both ways. If you can claim prevailing party attorney’s fees from your customer, then your customer will be able to do the same against your business in the event the customer is the prevailing party. The reality is that for many businesses, without the ability to recover collection costs and attorney’s fees some debts just won’t be worth pursuing, which hurts the bottom line over time.

If you're a small business owner and need help collecting on some of your delinquent accounts receivables, give us a call at 253.858.5434 to see how we can help.

Using a Small Estate Affidavit to Transfer Assets in Estates with Less Than $100,000 in Probate Assets

Washington law permits the use of a small estate affidavit in certain circumstances. Before using a small estate affidavit, you should first ask whether the deceased person had less than $100,000 in probate assets. If they did, you can probably use this process. However, you should also ask whether they owned any real estate. If the answer is “yes,” then using a small estate affidavit may not be the best choice. While a small estate affidavit may be used for a decedent who had real property, the affidavit cannot be used to transfer title to the real property. Furthermore, the equity in the real property is used toward the $100,000 calculation. Therefore, it is rare when you could or would want to use the small estate affidavit process if your loved one died with real property. In those cases, you'll probably need a probate.

If you decide to use the small estate affidavit and present it to a person or financial institution that is holding the assets of your loved one, that person or financial institution is supposed to deliver the asset to you. The person or financial institution that held the asset will be discharged and released from any liability in the same way as if it had been dealing directly with the Personal Representative of an estate. The holder of the asset has no obligation to inquire into the truth of the material in the affidavit, however, they cannot ignore facts known to be untrue.

Even if the estate meets the financial threshold, however, other requirements need to be satisfied:

* You must be a “successor,” as that term is defined in the small estate affidavit statute. You are a successor if you are entitled to the asset in question under the Will of the decedent or under Washington’s law of intestate succession (RCW 11.04.015) if there was no Will. If you are a surviving spouse, you are also a successor at least to the extent of your community property portion of the asset being held.

* Your loved one must also have been a resident of the State of Washington at the date of death.

* No application or petition for the appointment of a Personal Representative or estate administrator is pending or has been granted in any jurisdiction.

* All debts of the decedent including funeral and burial expenses have been paid or provided for.

* You have given advance notice to all other “successors” of your intention to obtain the asset of the loved one and they have provided you written authorization to do so.

If you can satisfy all of these elements, you can submit a small estate affidavit to a person or financial institution holding your loved one’s assets. But there are a couple things to remember:

First, you must wait at least 40 days after your loved one has died before submitting the affidavit.

Second, you are required to mail a copy of the affidavit, along with the decedent’s Social Security Number, to the Washington State Dept. of Social and Health Services' Office of Financial Recovery, whose address is currently: P.O. Box 9501, Olympia, WA 98507-9501.

Even when all of the statutory requirements are met, the small estate affidavit process might be impossible or impractical to use. If you are not entitled to all of the assets, you must get written authorization from others who also have a right to the property. This may be impossible when another heir is uncooperative. Even with such authority, the family relationships may be so bitter that you should consider first whether you are willing to take the risk of acquiring the particular asset and then being answerable to the heirs for dividing it appropriately. You will likely need to pay bills before dividing it. Your disgruntled family members might accuse you of stealing some of the assets. Whether you have a cooperative family or not, you should keep good records of the assets you have received and bills you have paid. If the family relationship is too acrimonious, you should consider conducting a probate that will provide a more formal structure. Hiring a lawyer in this situation can avoid a lot of headaches and sleepless nights.

If you have questions about small estate affidavits or other aspects of the probate process, give us a call at 253.858.5434 to set up an appointment today.