Young parents don't expect to die while their family is young, but planning for the possibility is prudent and responsible. Having an estate plan can avoid disastrous consequences for your family.

Many young families put off estate planning. If asked, they may say they are too young, healthy, or cannot afford it. Some have trouble even thinking about what could happen if they were to pass away while their kids and spouse are depending on them. But even a healthy, young adult can be taken suddenly by an accident or illness, and those with young families need estate planning precisely because others are depending on them.

Of course, you are not expecting to die while your family is young, but planning for the possibility is prudent and responsible, and it shows your family how much you care. Not having an estate plan can have disastrous consequences for your family.

A good estate plan for a young family will include naming someone to administer the estate (a Personal Representative) and Trust (a Trustee), naming a guardian to care for minor children, providing instructions for the distribution of your assets, and naming someone to manage the inheritance for your children until they become adults or otherwise reach the age that you select. It will also include reviewing your insurance needs and planning for disability.

NAMING A PERSONAL REPRESENTATIVE FOR YOUR ESTATE AND A TRUSTEE FOR YOUR TRUST. This person will be responsible for handling your final financial affairs—locating and valuing assets, locating and paying bills, distributing assets, hiring a lawyer and other advisors—so it should be someone who is trustworthy, willing, and able, and who knows you and will carry out your wishes. If you are married, this might be your spouse. You should also consider alternates to the initial person you wish to name.

NAMING A GUARDIAN FOR MINOR CHILDREN. If something happens to one parent, the other parent will continue to raise the children (unless the other parent is physically or emotionally unable to do so). But who will raise them if something happens to both of you? This is often a difficult decision for parents, but it is very important because if you have not named a guardian, the court will have to appoint someone without knowing your wishes, your children, or your family members.

PROVIDING INSTRUCTIONS FOR DISTRIBUTION OF YOUR ASSETS. Most married couples want their assets to go to the surviving spouse if one of them dies. If both parents die and the kids are young, they want their assets to be used to care for their children. Some assets will transfer automatically to the surviving spouse by beneficiary designations and how title is held. However, an estate plan is still needed in the event the surviving spouse becomes disabled or dies so that the assets can be used to provide for the children.

NAMING SOMEONE TO MANAGE YOUR CHILDREN'S INHERITANCE. Unless you include this in your estate plan, the court will appoint someone to oversee your children’s inheritance. This will likely be a professional fiduciary and a stranger to your family. It will cost money, which will be paid from the inheritance. Also, the children will receive their inheritance (in equal shares) when they reach legal age, usually age 18. Most parents prefer that their children inherit when they are older and the money used to care for the children’s different needs. Establishing a Trust for your children’s inheritance lets you accomplish these goals and select someone you know and trust to manage it. This may be the same person you name as guardian to raise and care for your children, but it is not a requirement.

REVIEWING INSURANCE NEEDS. Part of the estate planning process is reviewing the amount of life insurance on both parents. Income earned by one or both parents would need to be replaced; also, one or more people would probably be needed to take over the responsibilities of a stay-at-home parent. Additional coverage may be needed to provide for your kids until they are grown, and even more if you want to pay for college.

PLANNING FOR DISABILITY. It is possible that one or both parents would become disabled due to injury, illness, or even a random act of violence. This should be planned for as well. Both parents need healthcare powers of attorney that give someone else legal authority to make healthcare decisions for them if they are unable to do so. You would probably name your spouse to do this, but one or two alternates should also be named in case your spouse is also unable to act. A HIPAA authorization will give your medical providers permission to discuss your medical information with others (parents, siblings, and close friends). Disability income insurance should also be considered because life insurance does not pay in the event of a disability.

PUTTING YOUR PLAN IN PLACE. Estate planning will require you to think about family relationships, and some decisions may be difficult. But an experienced lawyer will be able to help you through the process, provide valuable guidance, and make sure your plan will do what you want when it is needed. If finances are tight, as they usually are for young families, start with the most essential legal documents and term life insurance, then update and upgrade your plan as your financial situation improves. The most important thing is to not put this off. Not having a plan can result in a worse financial situation for your family caused by court costs and delay in accessing your assets. Once your plan is in place, you will have peace of mind that your family will be protected if something should happen to you.

If we can be of service to you, your family members, 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.

One of the advantages of using a Revocable Living Trust, instead of a Will, to leave the bulk of your property is that it give your family more privacy.

One of the advantages of using a Revocable Living Trust, instead of a Will, to leave the bulk of your property is that it gives your family more privacy.

WILLS ARE PUBLIC DOCUMENTS. You can keep all of your estate planning documents private as long as you're alive. After you sign your Will, for example, you can and should just keep it in a safe place (such as a fireproof box); you do not have to file it with a local court or other government entity.

After a person dies, however, most states require that whoever has possession of the deceased person's Will must promptly file it with the probate court. This is true even if there won't be any probate proceedings. Someone who has the Will but intentionally fails to file it can be penalized by the court and can be sued by the estate beneficiaries.

Once a Will has been filed, it's a matter of public record, open to anyone who wants to see it. That's why celebrities' wills show up online so quickly, often just hours after they have been deposited with the court. The public isn't interested in most ordinary folks' Wills, of course, but a relative or nosy acquaintance might be, and some people just don't like the idea that anyone could see how they choose to leave their estates to their friends, families, and charities.

TRUSTS STAY PRIVATE. A Revocable Living Trust never needs to be filed with a court, either before or after your death. The court isn't involved in supervising your Trustee, the person you name in the Trust Agreement to handle the distribution of the assets. The Trustee simply follows the instructions you wrote in the Trust Agreement, without getting permission or approval from the court.

WHAT YOU CAN'T KEEP PRIVATE. Sometimes, details of how you intended to leave your property can't be kept entirely private—whether you use a Will or a Revocable Living Trust to handle your affairs.

(1) Terms of the Trust, if state law requires disclosure to relatives. Many states require that if you leave a Living Trust, the Trustee, after your death, must give a copy to the beneficiaries (people who inherit Trust property) if they request it. In some states, beneficiaries only get to see the part of the document that pertains to them—but in others, they can see the whole thing, which means that one beneficiary may be able to see what all the others are inheriting, too. And in some states, the Trustee must notify certain close relatives—usually defined as the people who would inherit under state law in the absence of a Will—about the Trust after your death, and give them a copy if they request it.

(2) Real estate ownership. Who owns real estate is always a matter of public record. Anyone can look up a particular parcel of real estate in the county records office (often called the County Recorder or County Auditor, depending on where you live) and find out who owns it. (Often, other information is also available, such as the amount of property taxes paid each year.) So once your real estate has been transferred to the person who inherits it, it will be a matter of public record.

(3) Lawsuits. If you leave a Revocable Living Trust and a disgruntled relative sues over your estate, the Trust Agreement will probably become part of the public record of the lawsuit. These kinds of suits are rare, however, and usually crop up only when offspring who are expecting an inheritance are left with nothing or almost nothing. So unless you think someone has reason to strongly object to your estate plan, you probably don't need to worry about a court battle after your death.

If you have questions about the advantages and disadvantage of using a Revocable Living Trust as part of your estate plan, 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.

Special procedures and rules to handle trust and estate disputes in Washington under the Trust and Estate Dispute Resolution Act (TEDRA).

Trust and estate disputes in Washington are governed by the Trust and Estate Dispute Resolution Act (RCW 11.96A.010-.902, generally referred to as “TEDRA”). This law sets out special procedures and rules to handle such disputes, with a focus on faster court processes, alternative dispute resolution, and modified rules for attorneys’ fees.

Many people try to set forth a detailed and thoughtful plan for what will happen to their assets after their death. However, conflict frequently occurs when it comes time to carry out the decedent’s wishes. An untimely death may prevent the decedent from putting their affairs properly in order, leading to confusion and conflict; the potential heirs and beneficiaries may dispute the validity of a Will or other testamentary instrument; a Personal Representative may cut off communication with the heirs and beneficiaries, or there may be signs that the Personal Representative is breaching their duties; an heir or beneficiary may threaten the entire estate with groundless accusations and the threat of litigation.

With Trusts, conflict frequently arises as the Trust continues to operate year after year, growing farther and farther away from serving the purpose it was made for. There may be signs that the Trustee is failing to follow the purpose and specific instructions of the Trust instrument; the Trustee may waste or embezzle the property of the Trust; the Trustee may fail to properly inform the beneficiaries regarding Trust operations; there may be a dispute regarding interpreting the language of the Trust instrument; or perhaps the beneficiaries seek to modify the Trust for liquidity, tax savings, or other purposes.

In these situations, conflict between fiduciaries, heirs, and beneficiaries can easily boil over into active litigation – in that case, the procedures and rules of TEDRA will apply.

SPECIAL RULES FOR TRUSTS AND ESTATES. Even in the absence of conflict between fiduciaries, heirs, and beneficiaries, the rules and procedures of TEDRA may still come into play in special cases. For example, TEDRA may govern situations where minors or disabled individuals receive property under a Will or Trust; where individuals who would ordinarily be involved in a Trust or estate proceeding cannot be located or refuse to participate; or where the disposition of assets or the instructions of the decedent are unclear given the facts of the case. In these examples, an experienced lawyer can work to efficiently resolve the procedural roadblocks that prevent a Trust or estate matter from being resolved to the satisfaction of all parties.

WHY SHOULD YOU HIRE AN ATTORNEY FOR YOUR TEDRA CASE The laws surrounding TEDRA are complex and different from the standard rules in Washington for general civil litigation. An experienced lawyer can properly explain the opportunities and risks of TEDRA litigation, work to resolve conflicts through informal communication and alternative dispute resolution, save time and money from being wasted on procedural mistakes or researching this specialized area of the law, and maximize the chances of a favorable attorneys’ fees award in your case.

If you or members of your family are involved in a dispute regarding a Will or Trust, give us a call at 253.858.5434 to find out how TEDRA may apply to your case.

The attorney handles the legal aspects of a personal injury case, but what are a client's responsibilities to ensure that their case is successful?

Attorneys carry much of the responsibility for ensuring that a personal injury case is successful. However, legal representation is a partnership, and you need to work with your lawyer to get the best resolution to your case. While your attorney will handle the legal aspects of the case, you will have many responsibilities as the client—duties that can increase your settlement amount and help win your case.

Your first responsibility after you are injured is to make sure you stay up to date with your medical care. If you cancel appointments or don’t follow your treatment plan to the letter, the insurance company and defense attorney may assume that your injury is not all that serious. You should keep any follow-up appointments, and follow all recommendations made by your doctors and specialists.

As a client, you can also greatly benefit your case by:

* Aiding in gathering evidence. We'll give you a list of the kinds of documentation we need, including a record of the time you missed from work, your medical records from all the facilities that treated your injury, your various insurance policies, and a statement in your own words about how your injuries have impacted your daily life.

* Telling your lawyer the truth. You should not lie or hide any details that could be relevant to your case. If you fail to disclose information to your attorney, they will be less prepared during the case. If you are not sure if something is relevant, it’s best to tell your lawyer rather than withhold the information.

* Keeping your lawyer informed. The details of your case may change as the case progresses, and you need to share new evidence, medical progress reports, and communication from insurance companies and employers with your attorney. If you cannot make a meeting or attend court proceedings, always let your attorney know as soon as possible.

If you've been injured you need to speak with a lawyer as soon as possible. Please contact us at 253.858.5434 to schedule your free consultation.

Good estate planning shows love and respect for the people you care about by creating a road map to ease your family's burden of administering your estate.

The “real” purpose of estate planning is to show love and respect for the people you care about. Upon your death, you don’t want to compel your family, friends, and business partners who are involved with your estate to deal with a complicated, expensive, and time consuming mess in administrating your estate. To the contrary, good estate planning creates a road map to ease the burden of estate administration. At our law firm, we will listen to your needs and goals, make recommendations based upon your individual circumstances, and prepare documents including:

* Wills

* Testamentary Trusts in Wills for children and dependents

* Naming Guardians in Wills in the event of both parents’ deaths

* Trusts designed to minimize or eliminate state and federal estate tax

* General Durable Powers of Attorney for financial matters

* Durable Powers of Attorney for health care decisions

* Health Care Directives (“Living Will”)

* Living Trusts

* Community Property Agreements

We strongly believe that every adult should have a Will. The decisions involved in finalizing a Will are a very healthy process for people to undergo. Everyone’s situation is unique. What’s your unique story? How does that influence your estate planning goals now? By creating a Will, you can turn those goals into a reality.

The Pacific Northwest is demographically diverse. We represent single people, married people, and people in long-term committed unmarried relationships. We represent straight people and gay people. We recognize the unique challenges that any relationships can pose in estate planning, and we’re happy to work with you to make sure your goals are met. We can also help make sure that people take care of their pets as part of the estate planning process. Pets are part of your family too!

If you, your family, friends, neighbors, or co-workers have estate planning questions, 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.

When auto collisions happen, they can cause life-changing injuries. That's why it's important to follow your medical professional's advice.

When an auto collision happens, it often has detrimental impacts, as it can cause potentially life-changing injuries to those who are involved. It is because of this that those who sustain injuries should seek medical attention immediately so they can be treated. While this is true, there are many injuries that require followup care in order to heal completely. That is why it is important to follow the advice of a medical professional moving forward.

It is crucial that the advice of a medical professional is followed closely for a variety of reasons, including:

* Doctors are qualified experts. They go through years of thorough education and training so that they can practice medicine and treat people. They have the knowledge to treat injuries, which is why medical advice should be taken from no one other than a licensed professional.

* Avoiding complications. Doctors give the advice that they do for a reason. This is to make sure injuries caused by a collision do not get any worse. This can include advice such as washing wounds, changing bandages, avoiding certain foods or drugs while taking medications, doing your physical therapy exercises, attending your follow up appointments, and more.

* Adjustments can be made. When you follow a doctor’s treatment plan, you can give them feedback on what is working and what is not. This allows them to tailor a treatment plan towards you specifically.

* Improve outcomes long-term. Listening to the advice of a medical professional can help lead you to the best possible recovery. Those who do not follow their treatment providers' advice may not have the same recovery outcome as another person who did.

* Documented medical records. Doctor’s visits document the collision, injuries, doctor’s notes, and general medical records. These can all be used later on in court to back up a claim.

* Fight insurance companies. Disagreements with insurance carriers over compensation can be mitigated or eliminated by following a doctor’s orders accordingly.

If you have been injured in an auto collision and have questions, give us a call at 253.858.5434 to set up an appointment for a free initial consultation today.

A life filled with ambition, success, and hard work can pave the way to much wealth - but there's no way to enjoy that after we die, so prepare an estate plan to pass on that legacy to your family.

Central to the idea of estate planning is our desire to leave our financial legacy to our children and grandchildren. A life filled with ambition, mistakes, successes, and hard work can pave the way to much wealth and fortune–but there is no way to enjoy any of that after we die, and the law is typically far too uniform for many when it comes to the distribution of assets after death.

But you cannot simply leave a portion of your estate to your favorite grandchild or nephew, especially if they are too young to manage a financial fortune. The law categorically forbids minors from holding onto real wealth through inheritance–but that does not mean you cannot take steps to ensure that your descendants get what you planned for them to possess once they are old enough to accept the financial responsibility that may entail.

It may be irresponsible of you to simply assume that if you leave your wealth to the guardians or parents of your minor beneficiaries, they will ultimately receive the inheritance you planned for them. Writing it as a note into your Will is not the wisest or most legally-sound option, either. Thankfully, there are several estate planning strategies to adopt here, depending on the circumstances and sums in question.

PLAN IT WITH YOUR KIDS. A good idea in most cases is to talk to your children about your estate plans and discuss inheritance with them. If your wish is to ensure that a portion of what you leave behind goes towards your minor beneficiaries–typically your children, grandchildren, nieces, and nephews–then the easiest way to organize this is to let your children know and talk to them about ways to potentially arrange for certain assets and wealth to pass onto your descendants when they come of age, or when they are financially responsible.

Your children could hold onto a certain property or asset and either gift it to their children or write it into their own estate plans.

Of course, if your plan is to ensure that a portion of your fortune passes onto your grandchildren once they come of age, then simply passing it onto your children might not be the best idea. It is not financially or legally easy to move a fortune from one person to another, without taking a massive tax hit. There are other ways to organize your inheritance in such a way that your minor beneficiaries will benefit.

CREATE A TRUST FOR YOUR MINOR BENEFICIARIES. If you want to ensure that you minor beneficiaries get something when they are grown up, locking it into a Trust until they reach a certain age is a great way to do so. By creating a Trust and funding assets into it, you get to control a great many things–for example, you can choose how much control the Trustee has over the assets in the Trust once you die, and you can even choose to give only a portion of the assets in the Trust at a time–giving your beneficiary some percentage every few years over the course of two decades, for example.

Age is not the only way for your beneficiaries to unlock assets. You may, for example, create a different condition, such as earning a degree, successfully starting a business, or some other clearly defined goal. Passing assets on this way, however, leaves your beneficiary vulnerable to bad decisions, or to spouses seeking a divorce and a claim to the inheritance. A Trust like this can also be very expensive to set up and maintain, as it usually involves the active service of a professional or a financial institution, and legal costs.

SET UP A DYNASTY TRUST. An alternative to a "staggered" Trust is a Dynasty Trust. While also managed entirely through a third party–usually a bank, or some other financial institution–a Dynasty Trust’s marked advantage is the fact that its assets are never fully within the beneficiary’s control, and thus never count as part of the beneficiary’s assets or estate, thus negating the danger of having your grandchildren fall prey to forces out to lay claim to their inheritance.

It also has a marked benefit for you, the creator of the Trust. As an Irrevocable Living Trust, all assets flowing into a Dynasty Trust are no longer your own and do not count towards your estate tax calculation. The same goes for your beneficiaries, as they do not inherit all the assets within the Dynasty Trust, but instead receive a managed and pre-determined sum over a course of time.

This way, you can continue to supply your family with wealth over several generations after you have died, without incurring tremendous tax costs upon yourself or your descendants.

UTILIZE AN UTMA ACCOUNT. Not all estates require meticulously crafted Trusts to solve this problem. If the total value to be left to a minor beneficiary is relatively small, a UTMA (Uniform Transfers to Minors Act) account can be used instead of a Trust. There is no contribution limit for a UTMA, but as it is subject to gift tax, it may be best to keep the numbers low – in most cases, under $20,000.

In Washington, the age limit for a UTMA (or more clearly, the limit as to when the account will be dissolved, and its contents passed onto the beneficiary) is between ages 18-25.

Typically, a UTMA account is created after the decedent dies, at which point the surviving spouse or the decedent’s children can request that part of the minor’s inheritance–as per the decedent’s Will–is held in a UTMA until they come of age.

PASS ON AN INHERITANCE THROUGH A CHARITABLE TRUST. A Charitable Trust–or more accurately, a Charitable Remainder Trust – allows you to assign part of your wealth to charity until you die, at which point the remainder of the Trust may be passed onto your children. You can use such a Trust to lower the size of your estate for tax purposes, while leaving a sum for your minor descendants, held in Trust until they reach the age of majority.

There are other ways to pass on your inheritance to your minor beneficiaries, including the use of IRAs or Life Insurance Trusts. Ultimately, it is wisest to call an estate planning lawyer before making any decisions regarding the future of your estate, and your beneficiaries.

If you have minor beneficiaries and want to ensure that a part of your wealth goes towards them when you die and they are of age, then a lawyer can work with you to find a way to do so, with as little cost and as much efficiency as possible. A reputable estate planner may also give you advice on how to simplify your estate plan, preventing monetary loss and saving your family time and stress in the future. If we can be of service to you, your friends, family, neighbors, or co-workers, give us a call at 253.858.5434 to set up an appointment today.

You've heard us say that you need to make an estate plan, but what does an "estate plan" cover and how do you make one? Here's a list of some issues to consider.

You've heard us say that you need to make an estate plan, but what does an "estate plan" cover and how do you make one? Here is a simple list of some important estate planning issues to consider.

1. MAKE A WILL. In a Will, you state who you want to inherit your property and name a guardian to care for your minor children should something happen to you and the other parent.

2. CONSIDER CREATING A TRUST. If you hold your property in a Revocable Living Trust, your survivors won't have to go through probate court, a time-consuming and expensive process.

3. MAKE HEALTH CARE DIRECTIVES. Writing out your wishes for health care can protect you if you become unable to make medical decisions for yourself. Health care directives include a Directive to Physicians (commonly called a "Living Will") and a health care power of attorney, which gives someone you choose the power to make decisions if you can't. (In some states, like Idaho, these documents are combined into one, called an advanced health care directive.)

4. MAKE A DURABLE POWER OF ATTORNEY FOR FINANCIAL MATTERS. With a Durable Power of Attorney, you can give a trusted person authority to handle your finances, debts, and assets if you become incapacitated and unable to handle your own affairs. The person you name to handle your finances is called your agent or attorney-in-fact (but doesn't have to be an attorney).

5. PROTECT YOUR CHILDREN'S PROPERTY. You should name a Trustee to manage any money and property your minor children may inherit from you. This can be the same person as the guardian you name in your Will.

6. FILE BENEFICIARY DESIGNATION FORMS. Naming a beneficiary for bank accounts and retirement plans makes the account automatically "payable on death" to your beneficiary and allows the funds to skip the probate process. Likewise, in almost all states, you can register your stocks, bonds, or brokerage accounts to transfer to your beneficiary upon your death.

7. CONSIDER BUYING LIFE INSURANCE. If you have a spouse, young children, or own a house, or you if may owe significant debts or estate tax when you die, life insurance may be a good idea.

8. UNDERSTAND ESTATE TAXES. Most estates--more than 99%--won't owe federal estate taxes. For deaths in 2021, the federal government will impose estate tax at your death only if your taxable estate is worth more than $11.7 million. (This exemption amount rises each year to adjust for inflation.) Also, married couples can transfer up to twice the exempt amount tax-free, and all assets left to a spouse (as long as the spouse is a U.S. citizen) or a tax-exempt charity are exempt from the estate tax.

9. COVER FUNERAL EXPENSES. Rather than a funeral prepayment plan, which may be unreliable, you can set up a payable-on-death account at your bank and deposit funds into it to pay for your funeral and related expenses.

10. MAKE FINAL ARRANGEMENTS. Make your end-of-life wishes known regarding organ and body donation and disposition of your body--burial or cremation.

11. PROTECT YOUR BUSINESS. If you're the sole owner of a business, you should have a succession plan. If you own a business with others, you should have a buyout agreement.

12. PROPERLY STORE YOUR DOCUMENTS. Your attorney-in-fact and/or your Personal Representative (the person you name in your Will to administer your property after you die) may need access to the following documents:

* Will

* Trust Agreements

* Insurance policies

* Real estate deeds

* Certificates for stocks, bonds, annuities

* Information on bank accounts, mutual funds, and safe deposit boxes

* Information on retirement plans, 401(k) accounts, or IRAs

* Information on debts: credit cards, mortgages and loans, utilities, and unpaid taxes

* Information on funeral prepayment plans, and any final arrangements instructions you have made.

Keeping your documents organized will be a great help to your survivors.

If you have estate planning questions, please feel free to 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.

Remember the Brady Bunch? Sometimes we wonder what Mike and Carol Brady's estate plans looked like. Estate planning for blended families can be complex. We can help!

Remember the Brady Bunch? Remember how that show extolled the joys and challenges of blended families? Mike and Carol Brady were the iconic blended family, each bringing three children into the marriage and raising them as one big happy family. Sometimes we wonder what their estate plans looked like. Did Mike leave everything to Carol outright on his death, knowing that she would treat all six kids equally and not favor her three girls over his three boys?

We like to think that Carol would “do the right thing,” but what if she didn’t? What if she never liked Greg, Peter, and Bobby and decided to leave everything to Marcia, Jan, and Cindy? That crafty late Modernist home and the fruits of Mike’s architectural career would pass only to her children, while omitting Mike’s biological children altogether. It happens a lot. The surviving spouse disinherits her stepchildren. Sometimes it is intentional and deceptive from the start. Carol never really liked those boys. Any affection for them was an act, put on for Mike’s benefit. She always knew she would cut them out if given the opportunity.

In other circumstances, it happens slowly over time. As the years pass after Mike’s death, Carol and the boys grow apart. When it comes time to update her estate plan, she just omits them. She hasn’t seen them much anyway. They stopped sending her Mother’s Day cards years ago. There are no bad feelings or ill will. It just happens.

Apart from the day-to-day challenges, blended families like the Bradys face additional hurdles when addressing their estate plans. Approximately half of U.S. families are remarried or re-coupled. If you are in this category and raising a blended family, here are some pointers for protecting your family and your assets.

A SIMPLE WILL PROBABLY WON'T CUT IT. It opens the possibility that your biological children could be cut out of your spouse’s estate down the road. If you want to create an “I love you” will leaving everything to your spouse, be aware that after you are gone, your spouse could cut out your children and leave all your assets to their own biological children, a new spouse, or anyone they want. Your surviving spouse has no obligation to your children.

CONSIDER A TRUST THAT LEAVES ASSETS TO YOUR SPOUSE FOR THEIR LIFETIME, WITH THE BALANCE PASSING TO YOUR CHILDREN ON YOUR SPOUSE'S DEATH. This ensures that your spouse has access to the funds during their lifetime and that the assets rightly go to your children when your spouse is gone.

CHOOSE A SOPHISTICATED AND EXPERIENCED TRUSTEE. Who will make the financial decisions about investing the assets and distributing them to your spouse after you're gone? There could be tension between what your spouse wants and what your kids want to give them. Who will act as the referee between them?

Plan for the possibility that your surviving spouse will remarry. A trust can ensure that the assets are protected in the event your spouse remarries.

CONSIDER LEAVING SOME ASSETS TO YOUR BIOLOGICAL CHILDREN ON YOUR DEATH. That way, they will not be sitting around waiting for their stepmother or stepfather to kick the proverbial bucket.

DECIDE WHO WILL MAKE HEALTH CARE DECISIONS. This is a big question. For convenience purposes and to avoid conflicts, you should name just one person to make health care decisions for you in the event you are unable to do so yourself. Will that be your spouse or your son or daughter? This can lead to a lot of fighting between them. It is not uncommon for stepparents to cut off access and information to their spouse’s children when the spouse has been hospitalized. The reverse happens as well. Will your children prevent your spouse from visiting you? Give this topic a lot of consideration.

Many clients like to think of their families as a modern version of the Brady Bunch. But when you are gone and time has passed, will your spouse still treat your children as their own? Let’s hope they does, but plan for the fact that it often goes the other way.

If you're a member of a blended family and 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.

What happens when the damages you've incurred following an auto collision are greater than the amount of the at-fault driver's insurance policy limits?

If you are injured in an auto collision, you may make a claim against the driver responsible for the collision and any resulting injuries and damages. In an ideal situation, this would mean getting fully compensated for all your losses. The trouble is, sometimes the amount of compensation you may be entitled to exceeds the at-fault driver’s insurance policy limits. While it may be possible to collect more compensation than the insurance policy limits, it is not an easy task, especially without an experienced lawyer by your side.

INSURANCE POLICY LIMITS. When a driver purchases auto insurance, there is always a policy limit. This limit refers to the maximum amount of compensation an insurance company will pay out if the policyholder is being sued. Insurance policy limits apply to cases settled out of court and to compensation awarded by a judge and jury after a trial. For instance, say you are in a car crash and the at-fault driver’s insurance has a policy limit for Washington's minimum of $25,000 in bodily injury coverage. This is the most their insurance company is legally obligated to cover for your injuries and damages. This may include medical bills, loss of income, and other out-of-pocket costs. Should your damages total more than the limit (i.e., more than $25,000), the remaining balance would not be covered by that insurance company.

SUING FOR MORE THAN THE POLICY LIMITS. Unfortunately, you cannot make an insurance company pay beyond its policy limit. You do, however, have the right to sue the at-fault driver for more than the value of their insurance policy. The issue is that many drivers typically do not have the funds to cover your damages. Even if you win the case at trial, you may not be able to collect the full amount awarded. Lawsuits can be expensive and lengthy.

In most cases, your lawyer will pursue compensation for you through negotiations with the insurance company. This might limit you if your damages exceed the insurance policy limits, but it may be the best way unless your lawyer decides that a lawsuit would be necessary.

OTHER WAYS TO PURSUE COMPENSATION. There are multiple ways you and your lawyer can work to recover compensation beyond an insurance company’s policy limits. This includes the following:

* Under an Umbrella Policy. Umbrella policies help provide additional coverage over and beyond the amount of primary auto insurance coverage the at-fault driver may have. The umbrella policy would kick in when a driver faces liability for damages that exceed the specific amount in their auto insurance coverage. Your lawyer can help determine if there are any umbrella policies that apply to your situation in order to help you recover damages.

* Filing a Lawsuit Against Multiple Parties. Should multiple liable parties be involved in a collision, you may be able sue each party to cover the percentage of the damages they caused.

Being able to collect more than the insurance policy limits is sometimes possible if your injuries and damages require more compensation. We can review your situation, discuss your legal options, and guide you through the legal process from start to finish.

Give us a call at 253.858.5434 to set up an appointment for a free, no-obligation consultation to see how we may be able to help. There is no obligation involved to hire us, but if you do, we charge no fees unless we recover damages on your behalf.

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.