You don't have to be rich to need an estate plan. Your estate includes everything you own and can be any size, which is why it's worth taking time to plan for what happens to it.

You don't have to be rich to need an estate plan. Your estate includes everything you own, and it can be any size, which is why it can be worth taking time to plan for what happens to it. Estate planning is the process of designating who will receive your assets and handle your responsibilities after your death or incapacitation. One goal is to ensure beneficiaries receive assets in a way that minimizes estate tax, gift tax, income tax, and other taxes.

Estate planning can help establish a platform you can fine-tune as your personal and financial situations change. The key question to ask yourself is: How do you want your assets distributed if you die or are incapacitated?

SIX STEPS TO BASIC ESTATE PLANNING.

1. Inventory your stuff. You may think you don't have enough to justify estate planning. But once you start looking around, you might be surprised by all the assets you have. The assets in an estate may include:

* Homes, land, or other real estate

* Vehicles including cars, motorcycles, or boats

* Collectibles such as coins, art, antiques, or trading cards

* Checking and savings accounts and certificates of deposit

* Stocks, bonds, brokerage accounts, and mutual funds

* Life insurance policies

* Retirement plans such as 401(k) plans and IRAs

* Health savings accounts

* Ownership in a business

Once you inventory your assets, you need to estimate their value. For some assets, outside valuations like recent appraisals of your real estate and statements from your financial accounts can help. When you don’t have an outside valuation, value the items based on how you expect your heirs will value them. This can help ensure your possessions are distributed equitably among the people you love.

2. Account for your family's needs. Once you have a sense of what’s in your estate, think about how to protect the assets and your family after you're gone.

* Do you have enough life insurance? This may be important if you're married and your current lifestyle—and monthly mortgage payment—requires dual incomes. Life insurance may be even more important if you have a child with special needs or college tuition bills.

* Name a guardian for your children—and a backup guardian, just in case—when you write your Will. This can help sidestep costly court fights that could drain your estate's assets.

* Document your wishes for your children’s care. Don't presume that certain family members will be there or that they share your child-rearing ideas and goals. Don't assume a judge will abide by your wishes if the issue goes to court.

3. Establish your directives. A complete estate plan includes important legal directives.

* A trust might be appropriate. With a living trust, you can designate portions of your estate to go toward certain things while you're alive. If you become ill or incapacitated, your selected trustee can take over. Upon your death, the trust assets transfer to your designated beneficiaries, bypassing probate, which is the court process that may otherwise distribute your property.

* A healthcare directive, also known as a "Living Will," spells out your wishes for medical care if you become unable to make those decisions yourself. You can also give a trusted person medical power of attorney for your health care, giving that person the authority to make decisions if you can't. These two documents are sometimes combined into one, known as an advance health care directive.

* A durable power of attorney allows someone else to manage your financial affairs if you're medically unable to do so. Your designated agent, as directed in the document, can act on your behalf in legal and financial situations when you can't. This includes paying your bills and taxes, as well as accessing and managing your assets.

* A limited power of attorney can be useful if the idea of turning over everything to someone else concerns you. This legal document does just what its name says: It imposes limits on the powers of your named representative. For example, you could grant the person the power to sign the documents on your behalf at the closing of a home sale or to sell a specific stock.

Be careful about who you give power of attorney. They may literally have your financial well-being—and even your life—in their hands. You might want to assign the medical and financial representation to different people, as well as a backup for each in case your primary choice is unavailable when needed.

4. Review your beneficiaries. Your Will and other documents may spell out your wishes, but they may not be all-inclusive.

* Check your retirement and insurance accounts. Retirement plans and insurance products usually have beneficiary designations that you need to keep track of and update as needed. Those beneficiary designations will outweigh what's in a Will.

* Make sure the right people get your stuff. People sometimes forget the beneficiaries they named on policies or accounts established many years ago.

* Don't leave any beneficiary sections blank. In that case, when an account goes through probate, it may be distributed based on the state's rules for who gets the property.

* Name contingent beneficiaries. These backup beneficiaries are critical if your primary beneficiary dies before you do and you forget to update the primary beneficiary designation.

5. Note your state's estate tax laws. Estate planning is often a way to minimize estate and inheritance taxes. But most people won't pay those taxes. At the federal level, only very large estates are subject to estate taxes. For people dying in 2021, up to $11.7 million of an estate is exempt from federal taxation. Some states (like Washington) have estate taxes. They may levy estate tax on estates valued below the federal government’s exemption amount. Some states (like Pennsylvania) have inheritance taxes. This means that the people who inherit your money may need to taxes on it.

6. Plan to reassess. Life changes. So should your estate plan. Revisit your estate plan when your circumstances change, for better or for worse. This may include a marriage or divorce, birth or adoption of a child, loss of a loved one, getting a new job or being terminated. Revisit your estate plan periodically even if your circumstances don’t change. Although your situation may be the same, laws and the world in general may have changed. It will take some effort to revise your plan, but take heart. The need to revise means you’ve already avoided the biggest estate planning mistake: never preparing a plan at all.

If we can be of service to you, your friends, family members, neighbors, or co-workers, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Auto collisions can result in grave and long-lasting consequences for the victims involved. If you've been injured in a collision, hire a lawyer right away to fight on your behalf.

A serious auto collision can result in grave and long-lasting consequences for the victims involved. Car crashes frequently inflict injuries that affect a person’s quality of life and ability to care for or support their family. If you have been injured in an auto collision due to another driver’s negligence, you need to hire an attorney right away to fight on your behalf to recover all monetary damages owed for the losses you have suffered.

A variety of factors cause car wrecks. Usually, driver negligence is the single most significant cause of severe and deadly crashes. Speeding, drunk driving, drug-impaired driving, texting while driving, talking on the phone while driving, and aggressive driving are common examples of driver negligence. Other factors besides the carelessness of a driver can also lead to a serious wreck, such as defective vehicle manufacturing, inclement weather, and badly maintained roads. This can mean that in some cases, there are multiple parties liable for a car accident victim’s damages.

To recover damages in an auto collision claim, the injured party has to prove the other driver’s negligence. Negligence is shown by establishing four factors—duty, breach, causation, and damages. A driver has an obligation to their fellow motorists, cyclists, motorcyclists, pedestrians, and others on the roadway to use reasonable care when operating their vehicle. If a driver breaches their duty by neglecting to drive with reasonable care and causes a wreck that harms someone, they can be legally liable.

The state of Washington also has specific rules for cases where the court determines that the injured victim bears some fault for the wreck along with the defendant driver. Washington courts follow the doctrine of pure comparative negligence in cases involving shared fault. This means that an injured person can still collect auto accident damages while being partially responsible for what happened, but the court will lessen their compensation based on their percentage of fault. An attorney who is well-versed in the state’s negligence laws will work hard to establish liability in a car collision case and get the injured client all compensation available to them.

Under the RCW 4.16.080, someone who is injured in an auto collision has up to three years to get their claim filed with the court. The 3-year timeline begins on the date of the crash. If a collision causes a person to suffer fatal injuries, their family has three years from the date of the victim’s death to file a wrongful death lawsuit against the at-fault driver. A lawyer could help the victim of a car wreck file their lawsuit by the deadline applicable to their case.

If you were recently injured in an auto collision, you likely have many questions. We can review your case, explain your legal options, and help you determine how to best proceed with your injury claim. If a negligent motorist caused your injuries, you could be entitled to damages for your lost wages, medical bills, pain, and suffering. Contact us today at 253.858.5434 for a free initial case consultation.

Estate planning for blended families can be tricky because each spouse may want to provide for the other and also for their own children after death. If you're about to get remarried, we can help.

Many people don’t get serious about estate planning until they are well into middle age. By then, they may be part of blended family - they are married, and one or both spouses have children from a previous relationship. Estate planning for such families can be tricky because each spouse may want to provide for the other and also for their own children after death. If you’re in such a situation, you should proceed cautiously.

RE-DO YOUR ESTATE PLAN BEFORE YOU REMARRY. If you are about to get remarried, you obviously want to celebrate, but it is also important to focus on less exciting matters, like redoing your estate plan. You may have created an estate plan during your first marriage, but this time it will probably be more complicated–especially if you have children from your first marriage or you own more assets. The following are some pointers for ensuring your interests are taken care of when you remarry:

* Take an inventory. The first thing you and your spouse to be should do is each take an inventory of your assets and debts and share it with the other person. Don’t forget to include life insurance policies and retirement plans in your inventories. It is important to be open and honest about money if you want to prevent bad feelings in the future.

* Decide how you want to handle finances. Once you know what you are dealing with, then you need to decide if you want to combine (or not combine) assets when you are married. For example, if one spouse is selling a house and moving in with the other partner, will they contribute to the cost of the house? If one spouse has significant debt, you may not want to combine finances or make any joint purchases. These decisions need to be made upfront so everyone is clear on what to expect.

* Decide what you want to happen when you die. You and your future spouse need to figure out where each of you wants your assets to go when you die. If you have children from a previous marriage, this can be a complicated discussion. There is no guarantee that if you leave your assets to your new spouse, they will provide for your children after you are gone. There are a number of options to ensure your children are provided for, including creating a Trust for your children, making your children beneficiaries of life insurance policies, or giving your children joint ownership of property. Even if you don’t have children, there may be family heirlooms or mementos that you want to keep in your family. Again, open discussions can prevent problems in the future.

* Consult an experienced attorney. Even if you don’t have a lot of assets, you should consult an attorney, especially if you have children. You will definitely need to update your Will. You may also need to update or create other estate planning documents such as a Durable Power of Attorney and a Health Care Power of Attorney. If you have significant assets, a prenuptial agreement may be appropriate. In addition, the lawyer can help you decide if a Trust is necessary to protect your children’s interests.

* Change your beneficiaries. You may want to change the beneficiaries on your life insurance policy, annuity, and/or retirement plan. If you are divorced, however, you may not be able to change some of the beneficiaries. Bring your divorce decree with you to the lawyer's office so they can make sure you do not violate the decree. If you can’t change your beneficiaries, you may want to buy additional life insurance or retirement plans that will include your new spouse.

The most important thing to remember is to be open and honest with your future spouse and your family members about your wishes. If we can be of service to you, your family, friends, neighbors, or co-workers, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

If you are left with the task of managing a loved one's estate, you may have questions about the probate process. At our law firm, we are experienced with planning and administration of estates.

If you are left with the task of managing a loved one’s estate, you may have questions about what to expect from the probate process. At our law firm, we are experienced with both the planning and administration of estates. That means we deal with the probate process regularly, while most people only go through it one to three times in their life. It’s not something you do very often, so that’s why we’re here to share our experience with you on everything from hiring an estate lawyer to the average cost of probate.

THE PROBATE PROCESS. Probate is the process by which the Court grants the estate representative the authority to legally represent the estate and act on its behalf. This multi-step process involves:

* Submitting the Last Will and Testament for review to ensure that it meets the state’s requirements for a validly executed Will,

* Notifying the decedent’s heirs and creditors that the Will has been submitted,

* Transferring ownership of decedent’s assets into the name of the estate,

* Paying all debts and taxes,

* Distributing the assets to the estate’s heirs and beneficiaries.

WHAT DOES A PROBATE LAWYER DO? We have nearly 25 years' experience in estate administration and the probate process. We know the ins and outs of probate and will be able to walk you through it every step of the way. We will:

* Complete and file the necessary paperwork with the court,

* Arrange for notice to all the necessary parties,

* Represent you at all necessary court appearances.

* Advise you on how to proceed in representing the estate after you have been appointed.

ATTORNEY’S FEES. In Washington, we provide probate legal services on either an hourly basis or a flat fee basis, depending on the nature and complexity of the estate.

WHAT TO EXPECT. If you choose to hire us to represent you as Personal Representative of any estate, we can assist you in identifying estate assets, gathering those assets, paying bills, and making final distributions to heirs. You should be aware that while it can be incredibly helpful to have professional assistance in this arena, many of these tasks—such as contacting banks to gather and transfer assets—are those you would be able to do yourself. You can save yourself and the estate a significant amount on legal fees by taking on some of the work yourself.

CAN YOU HIRE A LAWYER FOR "LIMITED REPRESENTATION"? You may decide that you have the time to handle these estate tasks personally. If that is the case, you can create an agreement with your lawyer about what to expect and agree upon who is handling which tasks. This will prevent duplication of efforts at a financial cost to you and the estate, as well as prevent important tasks from falling through the cracks. In your initial meeting with the lawyer, they should be asking you for information about the decedent’s assets, creditors, and heirs, but you should have some questions too. We recommend you ask them to educate you about what will be required of you as Personal Representative, as well as any other questions you have about the probate process and your loved one’s estate. This will help you tailor your agreement with the lawyer to include only those tasks with which you will require assistance.

If you find yourself as the named Personal Representative of an estate, contact us at 253.858.5434 to assist you in beginning the probate process. We will take the time to explain the probate process and your role in it, allowing you to make an informed decision about your probate representation needs.

Most personal injury claims involve "soft tissue injuries," which can be difficult to prove. It's important to document these injuries for insurance claims and personal injury lawsuits.

The vast majority of personal injury claims fortunately do not involve broken bones or surgeries. Most injury claims involve connective tissue injuries. (Insurance companies like to call these "soft tissue injuries" because it makes it sound like they're not that serious or all that painful.) Connective tissue injuries like sprains and strains are a big part of most personal injury cases. These kinds of injuries—from so-called "whiplash" to more significant kinds of tissue damage like muscle tears and nerve damage—can be difficult to prove. And because it's easy to suggest that a plaintiff is exaggerating, it's important to do everything possible to document and substantiate a connective tissue injury for an insurance claim or personal injury lawsuit.

INSURANCE COMPANIES' VIEW ON CONNECTIVE TISSUE INJURIES. Establishing a connective tissue injury through documented medical diagnosis is important for insurance claims and lawsuits. Most insurance companies are skeptical of connective tissue injury claims, and they usually have firm dollar figure ranges they are willing to pay in order to settle a claim that's based solely on connective tissue injuries. If a claimant demands more, the insurance company will refuse to settle. In some states and under some procedures, if the plaintiff wins a personal injury lawsuit after a trial, but wins less than what the insurance company offered in a documented settlement offer, the insurance company may be able to get reimbursement from the plaintiff for its litigation costs and attorneys fees. So consider every settlement offer carefully.

THE CHALLENGE OF PROVING CONNECTIVE TISSUE INJURIES. Connective tissue injuries typically do not show up with objective diagnostic tools the same way other traumatic injuries do (a broken bone on an x-ray, for example). This does not mean whiplash-type injuries, muscle tears, sprains/strains, nerve damage, and deep muscle bruises are not painful and detrimental to a plaintiff’s lifestyle, however. But it does mean that, without hard-to-refute proof like an x-ray of a broken bone, insurance companies and defense attorneys can make a variety of arguments as to why you're not as injured as you claim to be. This is why, after any kind of collision, it's crucial to get prompt and thorough medical treatment for even the slightest indication of injury. Not only can a health care professional help aid your recovery, but a doctor’s medical records will serve as stronger proof of an injury than you simply asking that your claims of injury be believed.

GETTING FAIR COMPENSATION FOR CONNECTIVE TISSUE INJURIES. As discussed above, your best strategy for getting a fair settlement for connective tissue injuries is thorough documentation of the injury of your symptoms, and a detailed course of treatment. What will also help is proof that the collision happened in a particular way, as well as testimony or other evidence that your connective tissue injury is typical for the kind of collision you were involved in.

In a case with potentially high damages, you may need to hire an expert witness to testify about how the collision probably caused your injuries. In a smaller case, simply providing relatively convincing proof of the type of collision may be sufficient. In that instance, an insurance company is likely to already know that claims of connective tissue injuries are typical for the type of collision, and if you also provide medical records, that may lead the insurance company to offer a fair settlement.

If no insurance policy applies to the underlying incident (in a civil assault and battery case, for example), the same kind of documentation and proof should convince a defense attorney to offer a similar settlement. However, because the defendant will be paying out of pocket, and there may be fewer prior similar cases on which to base a settlement, settling may be less straightforward than it would be when an insurance company is involved.

If the insurance company (or the at-fault party) isn't taking your connective tissue injury claim seriously enough, or if you're running into obstacles to a fair settlement, it's probably time to get an experienced lawyer on your side. If you, a friend, family member, neighbor, or co-worker have been injured in an auto collision and need legal advice, give us a call at 253.858.5434 to set up an appointment for a free consultation today.

Probate and estate administration get more difficult where non-U.S. assets or foreign decedents are involved, and can be even more so for U.S. citizens living abroad.

Laws of succession, inheritance, and estate administration are inherently complex in the U.S. because many of the laws require a thorough understanding, application, and interplay between local, state, and federal law. Additionally, where foreign assets or foreign owners or decedents are involved, the implication of international treaties, processes, and procedures can be very difficult to navigate without professional counsel. Further, the U.S. is known for its increasingly complicated tax laws and recent tax law changes have created further hurdles with achieving the tax reduction, asset transfer, and probate administration goals while remaining in compliance with all the laws, some of which may even seem contradictory.

Intestate succession is significantly more difficult in the U.S. because there is no Will to guide the intent or factor in tax-saving and asset protection strategies that would be accomplished with proper estate planning. Some tax planning can even be accomplished post-mortem, such as establishing trusts for non-citizen spouse (Qualified Domestic Trust or "QDOT") to enable a surviving spouse to maintain a standard of living without being subject to exorbitant estate taxes (at the federal and/or the state levels) immediately upon the spouse’s death. Although the U.S. provides a $11.7 million (adjusted for inflation and reduced to $5 million beginning in 2026) exclusion for estate and gift tax purposes at the federal level, this exclusion amount is significantly reduced to a mere $60,000 for non-citizen or non-resident decedents. The federal estate tax rate is 40%. Therefore, a non-US citizen decedent domiciled abroad, with U.S. assets resulting in a net taxable estate of $1 million could be subject to taxes as high as $400,000.

Additionally, for U.S. citizens residing abroad, the implications are worse. U.S. citizens, regardless of domicile, are taxed on assets located anywhere in the world. Thus, a U.S. Citizen decedent domiciled abroad with no assets in the U.S. but $20 million in assets abroad could be subject to estate taxes as high as $3.32 million even with the $11.7 million exclusion. This situation is especially exasperated where the assets are illiquid, as stakeholder in business enterprises, or the value is in family owned land or property. Family legacies, heritages, and businesses built through decades or even generations may need to be liquidated, in part or whole to cover these taxes. An experienced lawyer can plan to reduce or even eliminate these tax implications through a series of complex trust structures, ownership distribution structuring, and lifetime gifting among other strategies. Even post-mortem, various strategies, such as maximizing the use of disclaimers, coordinating post-mortem planning with estate planning at the beneficiary level to reduce and eliminate negative tax implications can be critical in the administration of the estate.

Very often, individuals secure multiple Wills or estate plans which are too simple and only address domestic assets in each jurisdiction. Most do not address tax implications and there are multiple levels of tax implications if there is any connection to the U.S. Income, estate, gift, inheritance, and other taxes may be implicated. The U.S. is also very particular and imposes significant penalties on failure to report foreign assets or ownerships. These require an advanced level of knowledge with navigating estates with non-U.S. based assets, assets owned in the U.S. by nonresident noncitizens, and foreign assets owned by U.S. citizens. The failure to engage lawyers who understand complexities of U.S. law, international law, and the interplay between the domestic and international law can be extremely detrimental. Additionally, ability of the lawyer to have and collaborate effectively with the counsel in other jurisdictions, especially outside of the U.S. is essential.

The counsel of a U.S. lawyer in conjunction with foreign counsel (the UK, for example, where UK residency or assets are involved) on cross border succession will save significant time, resources, and enable effective succession while preserving intergenerational wealth and family structures as intended.

While the tax issues are complex standing alone, at a more fundamental level, the probate process, that is, the administrative process of transferring assets held in the U.S. or by a U.S. citizen are a series of convoluted, state-specific rules that are very difficult to navigate without proper counsel.

First, where there is a U.S. will, it must be admitted to probate by way of a Petition listing all assets subject to this process and valuation to the Superior Court (or the equivalent) in the state in which the decedent was domiciled and in every state where real estate assets or assets subject to state transfer laws are present. Each state has a different system of succession, applicable laws, fees and taxes and a lawyer familiar and admitted to practice in multiple jurisdictions with close liaisons with counsel abroad can facilitate this process tremendously. Each of the supporting documents for the petitions, such as a certified copy of the death certificate, and even appraisals of value (where the value of the asset is difficult to determine or exceeds a certain threshold as determined by the particular jurisdiction), can be difficult to secure, especially where the decedent’s assets or residency lies abroad.

Next, the probate process requires preparing inventories and appraisals. This process requires careful determination, search, and assessments of every asset or every type, tangible and intangible, domestic and foreign, and timely reporting to prevent penalties and additional assessments. Additionally, for estates subject to estate or inheritance tax, the due date for the tax return is nine months from the date of death. The complexities of these tax returns, the proofs required, the valuation reports, financial records, bank statements, etc. take many months to procure, evaluate, organize, and report. Most of the same documents are also required in the inventory and accounting process for probate.

The Personal Representative of the estate, once the Petition is filed, must then open estate bank accounts and manage all the assets, including liabilities, publish notices to creditors, beneficiaries, manage and file all tax returns, including the decedent’s final income tax returns, generate and follow a distribution schedule to distribute assets to the beneficiary. There may also be tax waivers or proof of tax filings and payments required before any assets can be distributed. The estate account enables the PR to access funds or accounts in the estate to pay expenses, accountant fees, attorney fees, filing fees, costs, and taxes, before being allowed to distribute the balance to the beneficiaries.

In cases where there is no Will, the probate process can be further complicated. The laws of succession or probate rules vary from state to state and if the asset is subject to the laws of one jurisdiction over another, without a Will, the default laws of succession of the applicable jurisdiction would apply. This may result in unintended partial distributions to beneficiaries and loss of a home or business due to limitations on transfers to a surviving spouse.

In the U.S., a person with domicile, for example, in Washington, even if the death is abroad, for example the UK or Spain, would be subject to estate taxes in the U.S. as well as having inheritance taxes imposed on all the property located within the state. Additionally, the probate process would have to begin in Washington with ancillary probates opened in every jurisdiction, be it state or country, outside of the state. The documentation, valuation, legal knowledge, planning, accounting, financial management, and distribution protocols on even the smallest estates of decedents with a U.S. connection, whether by nationality, residency, asset ownership, or beneficiary residency, would be nearly impossible to navigate and complete in an efficient, effective, and tax favorable manner without proper counsel.

We guide our clients every step of the way and take an active role in the administering of the estate so that our clients can focus on their families, business, and other matters, of great concern while we handle the legal implications to ensure a smooth and effective transition of a decedent’s assets. If you have estate or 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.

Multi-state estate planning is complex and relies heavily on your state's laws. Washington and Idaho laws about real estate in other states can lead to challenges. We can help!

Multi-state estate planning is complex and relies heavily on your state’s laws. Washington and Idaho laws regarding real estate in other states can lead to common concerns and challenges. Careful planning can help create an estate plan that is in the best interest of your estate, your beneficiaries, and your family, but the plan must go further than a standard estate plan.

MULTI-STATE ESTATE PLANNING. Your estate plan must be specific to you if you own property in multiple states. A lot of residents in Washington and Idaho have second homes either on the Oregon coast, Hawaii, California, Arizona, and a multitude of other states.

State laws dictate that a person can only have one domicile. A domicile is a place you reside most often and list as your residence for tax purposes, but if you spend time in two states, you’ll come across domicile problems.

Multi-state estate plans must consider which home you reside in most often. If there’s an equal distribution of time between two homes, the court must decide on your domicile. You don’t want your estate to go through court proceedings in multiple states.

ESTATE TAX CONSIDERATIONS IN MULTI-STATE ESTATE PLANNING. If, for example, the court found your domicile to be California and not Washington, California would be the state where your:

* Estate pays taxes

* Income tax is paid

* Probate takes place

Estates may be able to avoid federal estate taxes, but each state has its own rules on estate taxes. It may be beneficial to have your primary residence in one state over another due to the estate tax of your state.

You can decide to declare your domiciled state in your estate plan, but someone could contest your declaration if the facts don’t line up. A smart choice is to solidify the domiciled state by maintaining the following in that state:

* Voting registration

* Physicians

* Bank accounts

* Employment

WHY YOU NEED A REVOCABLE LIVING TRUST. The laws of Wills and intestate succession were written 300+ years ago and didn’t contemplate that we’d be able to own real property in Hawaii given our horse and buggy transportation. By placing assets (such as a home, vacation, or business interest) in a revocable living trust, or by naming the trust as the beneficiary on non-probate accounts, such as life insurance or brokerage accounts, your assets will be distributed according to your wishes and will do so outside of probate. Ancillary probate, or probate in a state that is not considered your primary residence, can occur when real estate is owned in another state. Ancillary probate can lead to higher estate expenses and inconvenience for your heirs.

Ancillary probate can be avoided using several estate planning tools, like a family limited partnership or an LLC, but by far the greatest tool is a revocable living trust, or RLT.

Here’s the reality: If you own property in multiple states, you have to go through probate in every state in which you own real estate. So, if you owned property in 5 states, that’s 5 lawyers, 5 ancillary probates…OR, you can create a revocable living trust in Washington, retitle the other 4 properties in the name of the trust, and when you die, you only own Washington property. And if you move, you just amend your RLT to be of the state that you’ve moved to.

FINAL NOTES ON MULTI-STATE ESTATE PLANNING. Property can be passed down to beneficiaries in several ways. Probate is not always ideal, but there are additional strategies that can be leveraged in an estate plan:

* Co-ownership of the property through joint tenants. Joint tenants take control of the property upon your demise.

* Wills allow for the passing of property to beneficiaries, but a simple Will with no sophisticated tax planning does not offer enough protection for a high net worth estate. Multiple estate planning measures should be taken to lower the risk of estate taxes and a contested will.

* Qualified personal residence trust (QPRT) can be created, which removes a property or residence from your estate with a reduced gift tax. You retain the rights to the property for the duration of the trust.

* Transfer on Death (TOD) designations transfer property to individuals or charities upon your death, but many states do not offer this option. A lawyer will be able to determine if a TOD is in your estate’s best interest, depending on respective state laws.

Multi-state estate plans must be drafted to match the laws of each state where the property is owned. A trust may be in your estate’s best interest, but there are several estate planning tools and techniques that can be implemented to reduce taxes, risks, and expenses for beneficiaries.

When creating a multi-state estate planning strategy, it’s important to have an experienced lawyer in your corner that understands your state’s laws and can minimize the expenses of your estate. 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.

Caring for a loved one can mean transporting them to appointments, managing their meds, doing household chores, or helping them with daily activities. It can often mean managing their finances too.

Caring for a loved one often means taking on their transportation to appointments, managing their medication, completing household chores, or helping them handle their daily activities. But it can often mean managing their finances as well.

Studies show that the ability to perform simple math problems, as well as to handle financial matters, can be among the first skills to become more difficult as people age. No one wants to think of a time when their parent or a loved one may need them to step in and make decisions for their care when they are unable. But it’s important to learn about crucial financial and legal considerations before you truly need to know what your loved one’s wishes may be.

A Power of Attorney is a legal document that allows a person (called the "principal") to appoint someone else (an "agent") to act for them should they become unable to manage their own affairs, either because of age, illness, or injury. The agent is expected to place the principal’s interests ahead of their own, which is why it is important for you and your loved one to pick someone you trust. There are multiple types of decisions that the agent can be given the power to make, including the power to:

* Make financial decisions

* Make gifts of money or other property

* Make healthcare decisions, including the ability to consent to giving, withholding, or stopping medical treatments, services, or diagnostic procedures. (Note: your loved one can also make a separate “health care power of attorney” to give only this power to another individual.)

* Recommend a guardian

There are four primary types of Power of Attorney, each with its unique purpose:

GENERAL POWER OF ATTORNEY. In this situation, the agent can perform almost any act as the principal, such as opening financial accounts and managing personal finances. A general POA arrangement is terminated when the principal becomes incapacitated, revokes the power of attorney, or passes away.

DURABLE POWER OF ATTORNEY. This arrangement designates another person to act on the principal’s behalf and includes a durability clause that maintains the POA after the principal becomes incapacitated.

SPECIAL OR LIMITED POWER OF ATTORNEY. In this instance, the agent has specific powers limited to a certain area or certain time frame, for example, a POA that grants the agent authority to sell a home or other piece of real estate.

SPRINGING DURABLE POWER OF ATTORNEY. In some states, a “springing” Power of Attorney is available and becomes effective when a specified event occurs, such as when the principal's treating physician certifies that the principal has become incapacitated.

It’s helpful to have these conversations in happy times, when your loved one is well so you can determine their wishes for their financial security and healthcare should a time come when they are unable to make the choices for themselves. If you or a friend, family member, neighbor, or co-worker have questions about Powers of Attorney, give us a call at 253.858.5434 to see how we can help. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Working with your lawyer to most effectively move your personal injury case to settlement or trial.

One of the misconceptions about hiring a lawyer to represent you in your personal injury claim is that they will do 100% of the work to pursue your claim. Of course, your lawyer will lead the effort and do much of the heavy lifting in settlement negotiations and trial. However, you need to work with your lawyer along the way to have the most effective case. If you have never worked with a lawyer before, you are wondering how to effectively help your lawyer who is working to give you legal advice. Here are some tips for working with your lawyer on your case:

TELL YOU LAWYER THE TRUTH. When you have your initial meeting with your lawyer, they are going to ask you many questions about your claim. They need to know about your case before they decide to sign on to represent you. It is crucial to answer your lawyer’s questions truthfully when they ask them. The worst thing that a client can do is to give their lawyer incorrect information, placing their lawyer in a compromised position when they are confronted with the true facts.

Telling the truth not only includes giving correct information, but it also means that you need to give ALL relevant information. Omitting any key facts does not allow your lawyer to work effectively.

The facts don't change whether your lawyer knows them or not. It is better to put everything on the table so the lawyer can decide how to best proceed. Lawyers can (and do) fire clients who do not tell them the truth.

Try to give your lawyer information up front and in a timely manner. This will allow them to provide the most effective legal representation.

KEEP YOUR PAPERWORK ORGANIZED. One of the best ways that you can help your lawyer is by keeping your paperwork organized. This makes their job easier by saving them the time necessary to organize it themselves.

Often, your lawyer will be working on tight deadlines. They may need to give an answer or a counteroffer to the insurance company, or they might need to make a filing with the court. Having the paperwork ready and organized will allow them to focus more on doing their job. Accordingly, you should take some time to ensure that your paperwork is in order and clearly marked so your lawyer can understand and use it efficiently.

GIVE YOUR LAWYER QUICK AND COMPREHENSIVE ANSWERS. Not only may your lawyer ask for documents, but they might also request for you to fill in certain facts as your case progresses. When they are asking you a question, there is a reason why they want to know the information. You should make providing them with a quick answer your top priority. You should always ask them the time when they need the answer.

Clients should also take the time to provide them with detailed answers, so they do not have to come back with more questions. This will help make the lawyer more effective and better able to formulate the way to respond to the court or the insurance company. If you need extra time to give a detailed answer, ask your lawyer if they can give you additional room to answer. Your lawyer needs to do their best work. They may need to take the time to do legal research depending on what you provide them.

BE REASONABLE IN YOUR EXPECTATIONS. Your lawyer will work as hard as they can for you. Not only is this in their interest in many ways, but they are obligated to do so by their ethics rules. However, this does not mean that your lawyer can guarantee success. At the end of the day, the strength of your case is based on the evidence and the law.

Not only should you be reasonable in your expectations of the result of your case, but you should also be reasonable in your expectation of your lawyer. They are also working with other clients and have deadlines in other cases. In other words, you should not expect to hear from them every day with an update, especially if nothing has happened in your case.

Your lawyer is obligated to inform you of major developments in your case and to work diligently on your claim. However, you should have reasonable expectations of them.

UNDERSTAND THAT YOUR LAWYER DOES NOT CONTROL EVERYTHING. Many clients end up getting frustrated with their lawyer when they do not get the results that they want both in terms of timing or compensation. While your lawyer will work as hard as they can to negotiate the best offer and keep things moving, there are many things that are outside their control. Some details of your case are dictated by the insurance company or the defendant. They may not be interested in a quick resolution of your case, or they might try to low-ball you with their settlement offer. While your lawyer can do the best they can to work with the situation, they cannot force the insurance company to move your case along.

ASK WHEN YOU DON'T UNDERSTAND. Your lawyer will do their best to explain your case and legal matters to you in layperson’s terms. They understand that their clients are not experts in the law. They do not expect you to understand the law like someone with a law degree. But even though they will try their best to explain things to you and give you legal advice in terms that you can understand, there will be some concepts that laypeople may struggle to understand. As such, make sure to stop your lawyer when you do not understand something and ask further questions. They might assume that you understood their explanation unless you ask them when you are unsure.

If you or a friend, family member, neighbor, or co-worker has been injured and needs legal advice, give us a call at 253.858.5434 to set up a free initial consultation today.

For our clients who own stores, we often help them draft policies for dealing with shoplifters. With proper policies in place, our clients can ensure the safety of their staff and customers.

For our small business clients who own stores, we often help them create a set of policies and procedures that act as the guidelines for dealing with shoplifters. With proper policies in place, our clients can ensure the safety of their staff and all customers, including the shoplifter.

According to the National Association of Shoplifting Prevention, 1 in every 11 people living in the U.S. has shoplifted sometime in their life. As a result of the prevalence of shoplifting, retailers and other stores should prepare themselves beforehand to deal with the inevitable.

As your lawyer, we can help new businesses establish such procedures to ensure you are complying with the law, and that you are not inadvertently discriminating against a specific group of people. Potential questions store owners should ask themselves include:

* Will you prosecute shoplifters under the age of 18 above the age of 65?

* Is there a minimum dollar amount that is the threshold for prosecution?

* What tactics will you use to confront the shoplifter?

* Who should call the police?

* Is your goal to get the items back or to prosecute?

* What if the shoplifters end up actually paying for the item and feel bad for their original shoplifting?

Stores have very different policies for how they deal with shoplifters. Victoria's Secret’s policy is that shoplifters do not get accused, approached, or pointed out, and if you are an employee and you do any of those things, you risk losing your job. Walmart and Macy's have similar policies. They don't want employees to be harmed by aggressive shoplifters. On the other hand, many store owners want there to be some repercussions for shoplifting.

Here in Washington, the laws governing theft cases can be found in RCW Chap. 9A.56. Theft charges are divided into three levels of seriousness, depending on the value of the item stolen and certain other factors:

(1) Theft 1st Degree (9A.56.030): The theft of property or services with a value over $5,000 or the theft of property of any value when taken from the person of another.

Theft 1st Degree is a Class B Felony punishable by a maximum of 10 years in jail and a $20,000 fine.

(2) Theft 2nd Degree (9A.56.040): The theft of property or services with a value over $750 but less than $5,000 or the theft of an access device (a card, code, or other means of account access).

Theft 2nd Degree is a Class C Felony punishable by a maximum of 5 years in jail and a $10,000 fine.

(3) Theft 3rd Degree or Simple Theft (9A.56.050 or similar city ordinance): The theft of property or services with a value of less than $750. Theft 3rd Degree or simple theft is the charge filed on most Washington shoplifting cases.

Theft 3rd Degree is a Gross Misdemeanor and punishable by a maximum of 364 days in jail and a $5,000 fine.

If you're a store owner and want some help preparing and implementing a policy for dealing with shoplifters, give us a call at 253.858.5434 to see how we can help.

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.