What happens to your assets--your estate--when you die? In order to protect your legacy and make sure your wishes are fulfilled, planning what happens after you're gone is crucial.

Here in the U.S., we believe that anyone, regardless of their background, can achieve their goals, including amassing material wealth–money, real estate, personal property and any other assets. But what happens to those assets–your estate–when you die? Talking about this topic can be difficult, but important. However, in order to protect your legacy and make sure your wishes are fulfilled, planning what happens after you’re gone is crucial.

WHAT IS "ESTATE PLANNING"? Estate planning is establishing a formal, legal plan in the event of a crisis, incapacity, or death. You may wish your surviving family members or other loved ones to inherit all or part of your estate. Or perhaps you have a soft spot for a public charity or a private foundation and would like to set up a Trust to ensure that they have the resources to continue their work. Creating a set of legal estate planning documents that spell out your exact plans will ensure that your wishes are fulfilled. Having a formal estate plan can provide peace of mind ensuring your assets go where you want. Your loved ones won’t have to navigate through the complexities of the legal process, and instead can focus on grieving and healing.

STATE ESTATE PLANNING LAWS. Every state has its own unique laws regarding estate planning and inheritance. For example, here in Washington, our state has its own estate tax, which is separate from the federal estate tax, and it’s one of the highest in the nation. Furthermore, Washington and Idaho are two of only nine “community property states,” which adds another layer of complexity.

WHAT SHOULD AN ESTATE PLAN INCLUDE? A person who creates a Will or leaves a legacy is called a “testator.” As a testator, you will want your basic estate plan to include the following:

* A Will: Your Will is a legal document that details how you want your property to be distributed after your death. A carefully-worded Will ensures that your wishes are met by clarifying who inherits your assets. This clarification prevents estranged relatives and others from claiming a share of your estate, and it streamlines the process for your heirs so they can access your estate without difficulty. Even more important, a Will outlines who will care for your minor children, should you die. If you don’t specify who will take custody of your children, then the state will decide for you, a situation you should avoid by having your affairs in order.

* A Durable Power of Attorney: If you become unable to make financial or other life decisions for yourself, you’ll need an agent to act on your behalf. A Durable Power of Attorney (DPOA) assigns legal powers to a representative of your choosing, someone you trust to act on your behalf. The Washington Uniform Power of Attorney Act, RCW Chap. 11.125, is a statute that went into effect on January 1, 2017; it provides new safeguards, such as requiring that the document be signed in the presence of a Notary Public or two witnesses.

* End-of-life medical care: End-of-life decisions are often among the most difficult we face. If you become seriously ill or incapacitated, you’ll want your loved ones to know your wishes about medical care in advance. To avoid a situation in which your family or medical team is forced to guess your treatment preferences, you’ll need a Directive to Physicians, also called a "Health Care Directive," "Advance Directive," or "Living Will" that states exactly what medical care you want–or don’t want. A document that goes hand-in-hand with you Directive to Physicians is a Health Care Power of Attorney, which names who you want to act as your health care agent if you are unable make decisions on your own, either because of age, illness, or injury.

* A Revocable Living Trust: A Revocable Living Trust is a legal document that gives a designated person–a Trustee –the ability to manage your assets in the event you are unable. While you’re still living, you can be your own Trustee, or you can assign someone else to manage your assets. Once you pass, your Trust will be managed by one or more Trustees who you have named in the Trust. The advantage of a Revocable Living Trust is that it can be changed over time and avoids probate. Probate is the legal process through which the court oversees the payment of debts and that the correct beneficiaries inherit the remaining assets. Probate often takes six months to a year to complete; a properly-worded Revocable Living Trust can save your heirs the time and money of going through probate.

HOW MUCH DOES ESTATE PLANNING COST? There are two types of fees you need to consider when planning your estate:

* Probate fees: Probate has fixed costs and potential costs. One fixed cost in Washington is the Superior Court probate filing fee, which is currently between $240. Another fixed cost is the publication of the Notice to Creditors, which is approximately $100-$200. Potential other costs include attorney fees, appraisers, and accountants.

* Attorney fees: Most attorneys typically charge by the hour, although at our law firm we provide estate planning legal services on a flat fee basis. The cost will vary by lawyer so you’ll want to do your research.

WHAT HAPPENS IF YOU DIE WITHOUT A WILL? When someone dies without a Will, they are said to have died "intestate." When this occurs, the person’s estate goes through probate and state law determines who inherits the estate and how specific assets are to be distributed. Washington’s RCW 11.04.015 details the specific order of distribution of assets.

WHY SHOULD YOU BE CONCERNED ABOUT ESTATE PLANNING? Estate planning is crucial for you to maintain control of your assets and to be able to decide where your assets go after you die. It is also important to make your own end-of-life decisions. If you don’t plan for the future, you will eventually lose the ability to choose what happens to you and your assets. A well-drafted estate plan gives you peace of mind knowing that your loved ones won’t be forced to guess your final wishes should you become incapacitated. It also directs your heirs to receive the estate you’ve worked so hard to build. You don’t need to be wealthy to have an estate plan–everyone needs to prepare for the future.

At our law firm, we help clients protect their loved ones with carefully drafted estate plans. Reach out to us for help with estate planning, Wills, Trusts, probate, and more. Contact us today at 253.858.5434. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

We recommend reviewing and possibly updating your estate plan every 3-5 years. What should you look for in an estate plan review?

We recommend reviewing and possibly updating your estate plan every 3-5 years to make sure your beneficiaries are still accurate, your assets are still protected, your plan complies with any changes in the law, and that your plan still effectuates your current wishes. What should you look for in an estate plan review?

After you have done the hard work of creating an estate plan, you probably put the estate planning documents into a safe location and thought you could forget about them. However, your estate plan was designed to carry out your wishes at a particular time and place in your life. As life goes on, those circumstances change–and your estate plan needs to change, as well. You should review some key areas of your estate plan periodically to ensure that it still meets your needs.

BENEFICIARIES AND LEGAL ROLES. As part of your estate planning process, you designated people to act in various roles such as Personal Representative, Trustee, Guardian, Power of Attorney, or Health Care Power of Attorney. It is important to make sure that these people are still willing and able to act in the capacities you want them to. People may have passed away or moved out of the area, so it may be necessary to name new people to fill these roles.

It is also crucial to review your beneficiaries in your Will and the beneficiaries named on non-probate assets such as life insurance policies and retirement accounts to make sure that these are the people you still want to inherit your assets. Events such as birth of children and grandchildren, death of loved ones, marriage, or divorce may make you want to change the beneficiaries you named when you first made your estate plan.

ASSETS. You should look at the assets in your estate plan, asking a variety of questions. Are the assets with titles properly titled so that they pass to your heirs in the manner you wish? Are there changes in the tax laws that could have implications for the way you have left your assets to heirs? Is the amount of life insurance you have still appropriate for your needs and lifestyle?

INSTRUCTIONS. Many people include directions about medical care they wish to receive in the event that they are incapacitated and cannot voice their wishes. If you have included an advanced health care directive, make sure that it still expresses your views on the measures you wish doctors to take such as using ventilators, tube feeding, resuscitation, and surgical procedures.

ORGANIZATION. When you review your estate plan, you should organize it so that it is easy for others to access the information. You should make a list of the documents in your estate plan and where they are stored, as well as a list of accounts and any professionals who have worked on those accounts. Including a net worth statement that lists all assets is also helpful.

If it has been a while since you created your estate plan, give us a call at 253.858.5434 help you make a thorough review of your estate plan and make sure it still expresses your wishes. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Wills can be used to specify who is to receive or what should happen with a person's tangible personal property when they die.

One of the many reasons a person creates a Will is to specify who is to receive or what should happen with their tangible personal property when they die. "Tangible personal property" is generally defined as personal property (i.e., NOT real estate) that can be touched. Household furnishings, books, tools, jewelry, motor vehicles, art, and boats are some of the items which fall into the category of tangible personal property. The value of tangible personal property may range from very nominal value, e.g., old pots and pans, to considerable value, for example, art, jewelry, stamps and coins, and gold and silver bars. To avoid any confusion as to what a person considers to be the tangible personal property, a Will should include its own definition of that term and specifically carve out of that definition any items that the person may want to leave specifically to one or more persons, or perhaps fall in the typically larger “residue” provision of the Will. This is especially true when the beneficiaries of one’s residual estate are intended to be different than the beneficiaries of one’s tangible personal property. A safe deposit box is not an item of tangible personal property, but the box could include items of tangible personal property. Therefore, the Will should make clear what the intent is concerning the distribution of the box and the items in the box.

Providing for the equal distribution of tangible personal property among a group of beneficiaries in equal shares may be problematic when one or more items hold significantly more value than the other items. For example, it is not realistic for multiple beneficiaries to inherit a valuable painting or a large boat. In these cases, it may be better to direct that these more valuable items be sold and the Will would direct how the proceeds of the sale are to be distributed. When boats or cars are still subject to a lien, these items will need to be sold in order for the title to be transferred out of the decedent’s name. Accordingly, it may be best to specify that these types of assets will be sold or provide that a beneficiary may have the option to use their part of the estate to buy the asset from the estate at its appraised value. The Will may also provide for equalizing distributions of cash from the estate so that if one beneficiary receives the decedent’s expensive jewelry or a vehicle, the other beneficiaries could receive cash from the estate so that each beneficiary inherits equally.

Wills often contain Trusts for the benefit of younger or disabled persons. It may be inappropriate to have these beneficiaries be the recipients of valuable items of tangible personal property. If a young or disabled beneficiary is intended to inherit items of tangible personal property, including a provision that directs the items to be held as part of the beneficiary’s Trust may be the better solution, or held by a custodian until the beneficiary comes of age. In the case of a disabled beneficiary, it may be best to exclude the individual from receiving the items altogether.

Thought must also be given to whether the packing, shipping, insuring, and transportation of items should be an expense of the estate or borne by the individual beneficiaries. Art, valuable collections, pianos, and other fragile items, are expensive to insure and to ship.

More careful planning is required for the following types of assets that are governed by federal, state, and local law:

FIREARMS - The mere possession of certain unregistered weapons may be a federal and/or state crime. The National Firearms Act governs machine guns, sawed off guns, silencers, mortars, and pen guns. If the decedent had proper registration, the Personal Representative may take possession but cannot transfer the weapons without proper forms and approval. Proper registration can require the new owner to obtain signature of chief law enforcement officers. The Gun Control Act imposes additional restrictions on certain weapons, including assault weapons, plastic guns, machine guns, armor piercing bullets, and body armor. States have similar restrictions and some firearms that may not be covered or restricted by federal law, may be covered by state law. Certain individuals are prohibited from being gun owners, e.g.,, a person convicted of a crime or who has been adjudicated mentally defective, a fugitive, an illegal alien, and anyone who has received a dishonorable discharge. It is a crime to distribute a gun to a prohibited person. However, some firearms fall within a safe harbor such as possession or transportation of weapons in a non-functioning condition and used in curios, antiques, or as ornaments. For planning purposes, it is best to condition the gift of the firearm to a beneficiary who can establish their right to receive and carry a weapon. More advanced planning can involve the use of Gun Trusts as owners for NFA guns to avoid transfer restrictions. A limited liability company or a limited partnership may also be established for the purpose of owning firearms.

ALCOHOL – The transfer of valuable wine collections or other alcohol is governed by state law and may require a license. No exemption is available for distribution made in accordance with a Will or a Trust. Special valuation of a wine collection or other spirits may require the use of a qualified appraiser. A sale of these items by the Personal Representative is not usually a good option because the proper storage of these items cannot be guaranteed.

ENDANGERED SPECIES, IVORY, & REGULATED ARTIFACTS – Federal laws and treaties restrict the ownership of and trade of products derived from endangered species. The Endangered Species Act of 1973, The African Elephant Conservation Act of 1989, and the Convention on International Trade in Endangered Species of Wild Fauna & Flora are some examples of federal law and treaties that govern the possession of these items. There is a growing list of plants and animals in which there are blanket prohibitions against possession and transportation of same. Possession of certain items are considered to be strict liability crimes that carry severe penalties. The rules and laws pertaining to the possession and transfer of Asian Ivory is detailed and complex. The ability to document ownership and origination of ivory heirlooms may be extremely important to provide to the Personal Representative of one’s estate and to the beneficiaries.

AIRCRAFT & BOATS – Transfer and ownership of aircraft is handled by the Federal Aviation Agency. Personal property taxes may apply. It may be beneficial to create an LLC to hold title to the aircraft during life and then transfer the membership interests at death. Boats, depending on their size, are subject to different regulations. Some small boats require modest paperwork to transfer ownership. Medium size and motorized boats usually require registration with the State. Vessels with a volume of 5 net tons must be registered with the National Vessel Documentation Center.

PETS – One’s pets are also considered to be tangible personal property. A growing number of states (including Washington) have enacted laws permitting Pet Trusts. These Trusts allow for money to be set aside and held in trust giving the Trustee the power to make distributions to a custodian of the pet for the pet’s benefit. The Trust may cover one or more pets and continues in place until all pets for whom the trust was established are no longer living. There needs to be a beneficiary named to receive the remaining funds at termination of the trust. Animal shelters or the Humane Society may be a good choice. Trustee compensation should be specified. It is also advisable to consider the appointment of successor Trustees and custodians. The amount directed into trust should be reasonable and a court may assume jurisdiction over the Trust and reduce the amount if considered to be unreasonable. In lieu of establishing a Pet Trust, a gift of the pet together with cash may be made to an individual who promises to accept care of the pet as a condition for receiving the cash gift.

LIVESTOCK & HORSES – Arrangements need to be made for the proper care and management of these animals to take effect immediately upon death. The selection of managers and experts to deal with these types of animals should be made well ahead of time and communicated so that the care plan can be implemented immediately upon one’s demise.

Identifying one’s unique assets and carefully considering how best to distribute one’s tangible personal property helps to avoid disputes among one’s beneficiaries. Be sure to discuss and identify items of significant value or which require special handling or valuation with your estate planning lawyer. A properly drafted Will that helps your Personal Representative deal with these items appropriately will make their job easier and be appreciated by your beneficiaries.

If you have questions about leaving gifts of unique tangible personal property or estate planning questions in general, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

The Importance of Documenting Your Injuries Following an Auto Collision and Any Subsequent Collisions

In a personal injury case, any injury suffered after the original collision could harm not only you, but your eventual settlement. Suppose you have sustained injuries due to an auto collision but then are involved in another crash where your injuries are aggravated. After the second incident, it would be difficult for your treating physician to differentiate between what problems were caused by the initial collision and which ones were caused by the following one. The insurance company could reduce the value of your settlement by claiming that most of your injuries were based on the subsequent incident. Even if a new collision causes no additional injury or aggravation, a defense lawyer working against you may argue that the second collision caused the original injury.

The best way to protect yourself against this possibility is to document your initial injury thoroughly. Just in case this happens, make sure that you have medical records that detail the specifics of your injury, including type, area, and severity, as well as the fact that you are not complaining about any unmentioned part of your body.

If you do find yourself in a situation where you have been injured in an auto collision and then suffer from a new injury, documenting the differences between the effects of each incident will ensure that the new incident will not be used against you. This can be done by finding witnesses who can discuss the differences between your prior and your new condition, obtaining medical records showing no prior complaints about the part of your body that is newly injured, and securing testimony from your treating physician(s) that details how each incident had a separate effect on you.

Without legal help, you may not be fully compensated for the damage, inconvenience, and loss caused by car crashes. If you have been injured as a result of a collision, get a free consultation at our office by calling 253.858.5434 to set up an appointment today.

Estate planning is a review of a client's needs and drafting of appropriate documents to outline a client's wishes in preparation for incapacity or death.

Estate planning is a term which can have different meanings in different contexts. We consider estate planning to be a review of a client’s needs and drafting of appropriate documents to outline a client’s wishes in preparation for incapacity and/or death. We generally provide estate planning legal services on a flat fee basis according to a client’s needs and circumstances.

WHAT SERVICES ARE INCLUDED?

* Review and analysis of the community property/separate property nature of your current and anticipated assets;

* Review and analysis of your existing estate planning documents, if any;

* Consultation regarding how you wish to dispose of your assets;

* Discussion of the estate tax consequences of achieving your goals and possible alternative methods to attain those goals;

* Analysis of the probate vs. nonprobate nature of your assets, including a review of any beneficiary designations of nonprobate assets;

* Preparation of documents required to implement your plan; and

* Supervision of execution of the final documents, to ensure they are legally valid.

WHAT DOCUMENTS ARE INCLUDED? When we provide basic estate planning services to a client, we include a Will, Durable Power of Attorney, Health Care Power of Attorney, Directive to Physicians (a.k.a. "Living Will"), and a Community Property Agreement, if appropriate. Other more sophisticated tools and techniques are used for more complex estate plans.

PLANNING PROCESS. When a client contacts our office for estate planning, we schedule a one to two hour initial conference, where the clients' estate planning needs and objectives are addressed. Prior to the initial meeting, we send a questionnaire that provides the client a format to organize the information needed to implement their estate planning objectives.

At the initial client meeting we will review and discuss all relevant information to answer the client’s questions and to discern the specific information that will be required to prepare draft documents for the client to review.

After the first meeting, drafts of estate planning documents are prepared and sent to the client for review. Desired revisions are addressed by email or telephone communication with the client but can also be reviewed at the time of signing. This signing appointment should be made within a reasonable time after the drafts are received and reviewed.

WILLS. In its most basic form, a Will is a person’s written statement of their wishes for distribution of their assets upon their death. Wills can be very simple, consisting of only a few pages, or very complex with trusts and tax savings provisions. For many of our clients, a simple Will may be sufficient, but even a simple Will must meet certain requirements to allow proper administration upon death. The most important of these requirements is that the Will be properly witnessed by two disinterested witnesses. To be “disinterested,” a witness must not be a family member or beneficiary under the Will, nor be the named Personal Representative or Trustee.

A Will designates a Personal Representative (formerly called an "Executor") to handle the administration of the estate. The PR’s job is to collect and value all of the assets in order to pay debts and taxes and finally, make distributions in accordance with the Will. By including the necessary language in the Will, a client can authorize their Personal Representative to administer the estate with limited court oversight.

TRUSTS. When clients have beneficiaries who are minors (under age 18), a Trust for those beneficiaries is almost always included in the Will because minors may not legally receive assets directly. When clients have minor children, provisions for a guardian are also included. Without a Trust or similar provision, court supervision of the minor’s guardian and/or inheritance is almost always required. Court supervision could include an appointment of a Guardian Ad Litem (a trained attorney or social worker who will investigate the family situation and whether any inheritance is due to the minor) when the estate goes to probate and continued court review as frequently as every year. The cost for such supervision can be in the thousands of dollars. When the Will provides directly for supervision of a minor’s inheritance, (i.e. use of a Trust for the minor beneficiary) such court supervision is usually waived. Any Trust which is included in the Will is generally referred to as a “testamentary Trust.”

There are other forms of testamentary Trusts that we may include in a client’s Will. Some of these are for disabled beneficiaries or those receiving government benefits based on disability and financial need. For clients with large estates, a Trust may be included for tax purposes. In other situations, like second marriages, or where spouses have separate children, Trusts can provide for the surviving spouse while ensuring ultimate distribution to children. During our initial appointment we will evaluate the need for a Trust and discuss the options.

POWERS OF ATTORNEY. A power of attorney allows an individual to designate a person (the “principal”) whom they trust (their “agent”) to make decisions if they ever become unable to make such decisions personally (incapacity). A power of attorney is essential to ensure that if incapacity occurs, court involvement won’t be required in order for family (or friends) to care for your financial and/or medical needs. The term “durable” is often misunderstood, but is used to indicate that the power of attorney will continue to be effective during the individual’s incapacity. Typically we prepare two powers of attorney for each client as follows:

* General Durable Powers of Attorney: As the title implies, a General Durable Power of Attorney is not for a specific purpose, but authorizes broad powers for the designated agent. Powers to be authorized are specifically mentioned in the document and include authority to handle banking, payment of bills, and most other routine and non-routine financial and business transactions.

Each spouse needs a General Durable Power of Attorney even though many assets may be jointly owned. Certain transactions cannot be handled by a spouse without a power of attorney and access to information may likewise be very limited. For example, a tax return cannot be filed with only one spouse’s signature and a spouse will not have access to their spouse’s retirement accounts or various insurance. Accordingly, it is typical for a married individual to name their spouse as the primary agent and another close friend or family member as an alternate. The term “durable” signifies that the power of attorney will be effective despite any later incapacity of the principal.

* Health Care Power of Attorney: This type of power of attorney designates who the client would like to make medical decisions and have access to medical information when the client is unable to handle these decisions personally. Usually a client will designate a close family member or friend to be their agent. Without such a document, the persons closest to the client may be unable to get information, visit, or advocate for the client’s wishes if the worst should happen.

DIRECTIVE TO PHYSICIANS. Also called a “Living Will” or “Advance Directive,” this document provides a way for an individual to indicate whether they wish to have life-sustaining procedures withheld or withdrawn if their physician diagnoses them with a terminal condition or if two physicians diagnose them to be in a permanent unconscious condition.

COMMUNITY PROPERTY AGREEMENT. A community property agreement is a contract between spouses that converts separate property to community property upon the death of either spouse, and vests the ownership of all of the property in the surviving spouse. Most often people think that they don’t need a community property agreement because Washington and Idaho are both community property states and all property automatically goes to the surviving spouse upon the first spouse’s death. This is not exactly true.

Washington and Idaho law presume that if you are married, all property owned by a husband and wife is community property. There are many exceptions to this overly broad statement; however, it remains the basic law. What does each spouse own when all their property is community property? The answer is each spouse owns 50% of the community property assets. That’s right – 50%, not 100%, and each spouse can give their fifty percent any way they want in their Will. To prove they wanted it to go to their spouse, a probate would be required (with or without a Will). This is the time a community property agreement is quite valuable. No probate would be required if a community property agreement and the death certificate for the deceased spouse is recorded in the county records wherever the deceased spouse owned real estate. Like most good things, there are potential downsides to community property agreements. Because a community property agreement is a contractual obligation between spouses, later changes to a Will do not overcome that obligation. Similarly, provisions in a Will to utilize tax planning can be accidentally wiped out by a community property agreement. You should discuss the risks and benefits of a community property agreement with your attorney.

If you have estate planning questions and want to find out how we can be of service, 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.

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

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

For each of the forms below, parents should keep the original and the student should have copies. It may be a good idea for a roommate or fellow student to know where the copies are. In addition, the family may want to see if a copy can be filed at the school with student medical records.

Keep in mind that all of these forms should be updated each year and that you’ll need one form in your state of residence and a separate one in your child’s state of residence if they’re attending an out-of-state school.

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

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

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

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

What happens if you don’t have a healthcare power of attorney in place? The doctors will be the ones who make decisions about care.

3. DURABLE POWER OF ATTORNEY. A medical power of attorney form is strictly for health care choices should your son or daughter become incapacitated. A general durable power of attorney, however, covers financial decisions. This document allows a college student to give authority to another person (the parents) to make financial/legal decisions. It also allows the parents to make the following financial transactions on the student’s behalf:

* Managing bank accounts

* Paying bills

* Filing taxes

* Applying for government benefits

* Dealing with the child's landlord

College is a time of great change for both parents and their kids. Young adults are dealing with being on their own for the first time. And parents may be dealing with empty nest syndrome. Because we’re so intimately involved with raising our children, it’s tempting to see them as just that—children. But in the eyes of the law, the apron strings get cut the day they turn 18. Once they cross that threshold into adulthood, they are no longer under your agency. That applies to matters both big and small, particularly issues related to emergency health care.

So that’s why an open understanding with your child is key. You’ve got to communicate to them why you and they need to sign a healthcare power of attorney, a HIPAA release, and more. If you have questions about these documents and what we can do to help you and your family, give us a call at 253.858.5434 today.

If you've been injured in an auto collision, you need an experienced lawyer to represent you.

If you’ve been in an auto collision, you need an experienced lawyer to represent you. We have years of experience in personal injury claims. We pride ourselves on our honesty and commitment to our clients and our aggressive advocacy on their behalf. We can help you navigate the legal obstacles that insurance companies like to throw up after a collision and get your claim settled quickly and efficiently, for a fair settlement amount.

Our primary role is to protect you from insurance companies – both yours and the other driver’s. Insurance adjusters’ primary goal is to avoid paying you any money at all for your injuries. This is their standard practice – even for loyal customers who have been with them for years.

Making the wrong statement to an insurance company representative can limit the amount of your settlement or negate the likelihood you’ll receive one at all. If insurance companies can get you to admit blame, to state that your injuries aren’t that bad, or make any other statement that could be damaging to your case, they win. Don’t let them take advantage!

Insurance companies have been known to approach injury victims while they are in the hospital or at home recovering from injuries and medicated or not thinking clearly to get them to make statements or sign settlement waivers that obstruct or end the chances of a fair settlement. Once you have a lawyer on your side, the insurance companies must deal with us and won’t be able to try to cheat you out of compensation for your injuries.

There are steps to take after an auto collision – if you are able – that can make it easier for your lawyer to fight for your compensation. First is to call 911. Second is to seek medical treatment for your injuries – this is not the time to shake it off and press on. If you delay medical treatment, it can make your injuries worse and the insurance companies can blame you for damaging your own health or can argue "your injuries must not have been that bad if you didn't need to see a doctor right away"!

While at the scene, if you are physically able, snap pictures with your phone of the position of the cars and anything else important before the vehicles are moved. If the EMTs want to transport you to the hospital, let them. Acting against medical advice at any stage of this process can interfere with your chances of getting fair compensation. If there any witnesses, and you are able, get their contact information.

Within 24 hours, notify your auto insurance carrier about the incident, but don’t make any statements. Stick to date, time, the location of the crash, and tell them you or your lawyer will be in touch. After that, don’t make any statements to anyone about the collision until you call a lawyer. Call us as soon as possible, even while you’re still in the hospital so we can get to work on your claim!

As soon as you contact us, we can get to work on your case. We’ll gather police and any investigative reports about the incident, your medical records about your injuries, physician’s statements and any witness statements we can collect. Armed with these and our extensive experience with personal injury cases, we can fight for the highest possible settlement.

With compensation, you can help pay for:

* Medical expenses

* Rehabilitation fees

* Time lost from work

* Any future impacts or limitations from your injuries

With our law firm taking care of legal matters for you, it’s easier for you to recover and focus on your health. We will work hard to protect your legal rights and see you are properly compensated for your damages. We pride ourselves on honesty, commitment to our clients, and assuring you get a fair settlement. We will work hard on your case to settle it quickly and efficiently.

Contact us today at 253.858.5434 so we can get to work on your personal injury case. Your initial consultation is free and we can meet by Zoom or other video conference if you can’t make it into our office. After that, you won’t pay anything in attorney fees unless and until we settle your case. This allows you to get the representation you need to protect you from the insurance companies without incurring out-of-pocket expenses when you can least afford it.

If you have children and/or own a house, you need an estate plan in place to make sure you and your loved ones are taken care of in the event of your death or disability.

If you have children and/or own a house, you need an estate plan to make sure you and your loved ones are properly taken care of in the event of your death or disability, either because of age, illness, or injury. A basic estate plan consists of a Will, a Community Property Agreement (for married couples living in community property states), a Durable Power of Attorney, a Health Care Power of Attorney, a Directive to Physicians (also called a "Living Will"), and a Power of Attorney for Minor Children's Health Care. We have been representing estate planning clients since 1996 and are licensed to practice law in Washington and Idaho. 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 are available to meet in person, by phone, or via video conference.

Some thoughts about Revocable Living Trusts and debunking some myths and half-truths about them.

If you've talked with someone about estate planning, they've likely told you that you need or should have a “Revocable Trust” or a “Living Trust.” In fact, someone might have told you a horror story about what will happen if you do not have a Revocable Living Trust. You also might have attended a seminar. Most of these seminars claim Revocable Living Trusts are a cure-all, and, for a certain dollar amount, they will draft a Revocable Living Trust for you. And, you will get everything in a handsome, faux leather binder. If I had a nickel for every one of those faux leather binders I've seen...

Is a Revocable Living Trust Right for you? Like any other estate planning tool, these are not cookie-cutter documents that are good for everyone. A careful analysis of your goals, assets, your family's particular circumstance and dynamics, and applicable tax laws is necessary to determine if the cost of setting up a Revocable Living Trust is worth the benefits.

To help you understand these documents, let me first give you some quick thoughts. Then let me debunk some Revocable Living Trust myths and half-truths. Finally, let’s run through the pros and cons of a Revocable Living Trust. This way, you can decide if paying the cost to set up a Revocable Living Trust makes sense for you.

THE GOOD, THE BAD, AND THE UGLY OF REVOCABLE LIVING TRUSTS. I've been an estate planning attorney for nearly 25 years. In those years, I have drafted Revocable Living Trusts as a member of both the Washington and Idaho State Bars. Of the many Revocable Living Trusts I prepared, all were for clients for whom these Trusts were a good fit. I have probably told twice as many people that they do not need Revocable Living Trusts than need them. For many people, the best idea is avoiding the expense of forming a Trust because it was not a good fit for the client’s estate plan. There is no way to know if you are a good fit for a Revocable Living Trust without careful analysis. Like most tools, a Revocable Trust is not a one-size-fits-all tool.

Is A Revocable Living Trust right for you? The short answer is that a Revocable Living Trust can be a useful estate planning tool for many people. But, another unfortunate truth is that there are many people out there using lies and half-truths to sell unneeded Revocable Living Trusts.

If you attended a seminar whose theme was that everyone needs a Revocable Living Trust, then you are lucky to have escaped with your wallet. Were you were told that a Revocable Living Trust would avoid estate taxes and creditors? If so, you were lied to.

DEBUNKING LIVING TRUST MYTHS AND HALF-TRUTHS. So first, let’s debunk the most prevalent Revocable Living Trust lies and half-truths.

Claim: "A Revocable Living Trust will help me avoid estate taxes." FALSE.

A Revocable Living Trust does NOT reduce your estate taxes. These are the most common myths. These myths are often touted by those who sell canned Revocable Living Trusts (in faux leather binders). These people feel comfortable telling you this lie because the inheritance and estate taxes are due when you are dead. So, you will never know that they lied to you. Remember that the trust is “revocable.” Because you can revoke the trust, you can, at any time, take all the assets back into your name. Therefore, the IRS and your state's department of revenue ignore the trust’s existence. Your assets in a Revocable Trust are considered yours when calculating not only your estate taxes but also your income taxes.

Claim: "A Revocable Trust will shelter my assets from my creditors." FALSE.

Again, the “Revocable” Living Trust can be “revoked,” so if you can get the asset back, your creditors can take it. The trust does not protect from creditors during your lifetime or at your death. Asset protection differs with an Irrevocable Trust, which you cannot revoke, and can be used to remove assets from creditor’s claims.

Claim: "A Non-Irrevocable Trust will shelter my assets from my nursing home bills and Medicaid." FALSE.

Because the trust is “revocable,” the assets are considered yours when evaluating Medicaid eligibility. Use of an “Irrevocable Trust” where you have no right to the assets you gave away into the Trust could shelter your assets, but never a “Revocable” Trust.

Claim: "Creating a Trust is all you need to do to avoid probate." FALSE.

Forming the Revocable Living Trust is only the first step. To avoid probate, you have to arrange all your assets to utilize the Revocable Trust. Deeds must be filed, placing your real estate into the Trust. Bank accounts and other assets must be moved to the Trust or must be designed to pour into the Trust at your death. You must complete beneficiary designations for other appropriate assets, such as brokerage accounts, life insurance policies, annuities, etc.

Further, as the years pass, you will likely change your investments. You may buy a new CD, or open a new checking account, or even buy a new vacation property. Make these changes with the overall Revocable Living Trust plan in mind. Otherwise, you might undermine the goals, which caused you to form the trust in the first place.

Claim: "Nothing needs to be filed with the state if I have correctly set up my Revocable Living Trust." MISLEADING.

The answer depends on the rules of the state in which you are a resident at your death. If you die a Floridian, for example, Florida law requires that your successor trustee file a notice with the court in the county where you died a resident. Other states are beginning to require similar filings. Furthermore, if your successor trustee wishes to start specific statutes of limitation for creditors, they will likely file some paperwork with the states.

Claim: "My estate won’t need a lawyer if I have a Revocable Living Trust." MISLEADING.

The need for a lawyer to help with your estate has nothing to do with a Revocable Living Trust. If your Personal Representative could handle your estate alone, then there is no need for a lawyer even if you had no Revocable Living Trust. Similarly, if your PR may need help with some steps that exist with or without a Revocable trust. For example, with filing estate tax returns or obtaining beneficiary releases. Further, selling real estate, a business, or settling lawsuits. All are examples where your trustee will still need a lawyer’s assistance, even if you have a Revocable Living Trust.

IS A REVOCABLE LIVING TRUST RIGHT FOR ME? A thorough analysis of whether a Revocable Living Trust is right for you begins with some necessary information. An experienced estate planning lawyer will obtain a clear understanding of your assets, family standing, and your testamentary goals.

UNTIL WE HAVE OUR CONSULTATION, HERE ARE SOME FACTS: A Revocable Living Trust is a legal entity that requires five elements: a Trustor, a Trustee, a beneficiary, a Trust "corpus," and a legal purpose. The Trust may own things, such as your real estate, but at any time, you can revoke the Trust and take the assets back. Further, most Revocable Living Trusts state that during your lifetime, the Trustee must use all assets for your care. In most cases, you, as the Trustor, serve as the sole Trustee.

In contrast, an “Irrevocable Trust” is a Trust you cannot revoke. If you transferred your house into an Irrevocable Trust, the trust owns the home like the Revocable Trust. But, you will likely not be able to ever get the house back into your name.

A Revocable Living Trust is designed to hold title to your various assets (bank accounts, real estate, personal property) during your lifetime for your benefit, and then manage and dispose of your assets after your death. If structured correctly, a Revocable Living Trust may completely replace your Will. If you properly arrange all your assets leaving nothing in your name at your death, there is no need to file your Will with the state. Probate is avoided.

Does a Revocable Trust still sound like a good fit for you? Then the next question you should ask is the cost. Then analyze the charge against probate’s expense. Is it cheaper to use the probate process, or is it more economical to pay for the Revocable Living Trust avoiding probate?

Costs of creating the Revocable Living Trust include the actual drafting of the trust by a lawyer. Also, there is the cost of transferring any real property deeds into the trust and moving your other assets into the Revocable Trust. The expenses of probate vary from state to state.

Is your only goal avoiding the cost of probate? If so, in my experience is that it is not cost-efficient to set and funding a Revocable Trust in Washington or Idaho. But, setting up a Revocable Trust to avoid probate in California and Florida is cost-efficient. That is a general observation.

BUT THERE ARE OTHER REASONS FOR A REVOCABLE LIVING TRUST, WHICH MIGHT HAVE VALUE FOR YOU.

* Aiding the Elderly or Those with Dementia. A Revocable Living Trust can be an excellent tool if you are reaching an age or a medical condition where you need some help with your finances. The Trust allows the family to help but allows you to control assets when you do not yet wish to turn overall control. You can name a trusted person Co-Trustee with the right to act independently but retain the right to act alone. This way, you can work now, but as your abilities diminish, your Co-Trustee can seamlessly take control.

* Reducing the Chance and Cost of a Will Contest. If you believe that the chance of a Will contest in your estate is high, then a Revocable Living Trust can reduce that risk. You cannot stop someone from filing a lawsuit to challenge a Will, but you can make it much more challenging, expensive, and less likely to succeed.

* Convenience. A Revocable Living Trust can be used to avoid probate altogether. So even if its cost does not save your estate much money, it can certainly make it easier for the person who is handling your estate. Making things easier is especially true if that person lives far from your county.

* Helping You Manage Your Assets. If properly drafted, a Revocable Living Trust can appoint someone as your Co-Trustee who can help you manage your assets and bills, but without you giving up control. It is an unfortunate fact that banks will work more willingly with your Co-Trustee than they will with your Agent under a Power of Attorney.

* Real Estate in More Than One State. If you have real estate in several states, then at your death, your estate needs to be opened in each of those states. Ancillary probate increases the cost of probating your estate. Avoid this added cost by placing each of these properties into a Revocable Living Trust, which would then avoid probate in each state.

* Bank Accounts or Investments in Several States. Ancillary probate may be necessary if you have accounts in banks without branches in your home state. Another example is investments in businesses outside your home state that are not listed publicly. Avoid this added cost by placing each of these investments into a Revocable Living Trust, which would then avoid probate in each state.

* Replacing Your Will. If drafted correctly and appropriately funded, a Revocable Living Will can replace your Will but still allow you to create asset protection trusts and use other techniques to protect your heirs. The terms can mirror terms that would have otherwise been in your Will.

If any of these reasons fit your specific needs, then paying the costs of setting up a Revocable Living Trust will make sense.

Revocable Living Trust might be an excellent estate planning tool for you, but it will take more than a quick seminar to find out. Luckily, it will not cost you anything to get more information. Contact us at 253.858.5434 to set up an initial estate planning consultation. You can count on one thing; we won’t sell you a Revocable Living Trust unless it fits your estate plan.

For nearly 25 years, we have practiced in the area of estate planning. We’ve seen it all, and this experience allows us to explain sophisticated estate planning techniques clearly and concisely. We make it easy for you to understand Revocable Living Trusts so you can make the best decisions for yourself and your family.

When you're in the middle of a personal injury case, please be careful when posting to social media!

When you're in the middle of a personal injury case, please be careful when posting to social media! There are several ways social media can undercut your personal injury claim. It seems like second nature to share your life with family and friends, but social media users who have a pending personal injury claim or lawsuit MUST exercise great caution. Sharing profile information, pictures, posts, videos, and comments on social media can undercut your claim by giving opposing counsel fodder that they can use against you.

Social media accounts provide insurance companies and defense attorneys with a valuable source of evidence to impeach your credibility, refute the cause of your injury, and undermine the amount of damages you claim to have suffered. You can avoid being in a compromised position by showing your lawyer your current social media profiles and seeking specific guidance. In the meantime, here are some do’s and don’ts.

PRIVATE vs. PUBLIC PROFILE. If you have public profiles, you can adjust these to “private” or “protected” in the “settings” area of your account. It is generally unwise to delete profiles in their entirety, as this can arouse suspicion of trying to hide something. In some cases, a court could also deem it “spoliation of evidence.”

Avoid accepting any new friend requests, and be wary of any new followers. These could be from the enemy camp, trying to get a closer look and monitor you.

You may wish to refrain from any social media use while your case is pending. Keep in mind, however, that searchers can find retweets, comments, hashtags, mentions, tags, etc. For this reason, you may also wish to ask your friends and family members to leave you alone on social media.

Keeping your information private is a good first step. It nevertheless does not mean that you can continue to post anything that you want to.

YOUR SOCIAL MEDIA POSTS MAY BE SUBJECT TO DISCOVERY REQUESTS OR COURT ORDERS. Even if your social media accounts enjoy private settings, an opposing lawyer can ask you to produce printouts of your social media activity in the discovery process. “Discovery” is the phase of a lawsuit where parties exchange information to build their respective cases.

Defendants have the right to seek as much information as they can about you. This includes information that is not public record.

A COURT CAN ORDER YOU TO SHOW SOCIAL MEDIA. Parties typically conduct discovery without court intervention. However, either party can petition the court if the other side does not want to produce information that the requesting party believes could lead to admissible evidence. For good cause shown, a court can order you to produce information from your social media accounts. A court could also order you to reactivate a temporarily deactivated account. In some cases of deleted accounts, a subpoena can provide information from a provider’s servers or from a third party’s servers that store social media data. Each provider has a different policy concerning the length of time it retains data from deleted accounts.

EXAMPLES OF HOW SOCIAL MEDIA CAN HURT YOUR CASE. Even social media activity that you believe has no relationship to your case can harm you. The connections that a clever lawyer can make between your posts and your case are limitless. Nevertheless, here are a few specific ways that social media can not only undercut your personal injury claim but also sabotage it:

* Behavioral tendencies such as consuming alcohol, photos captured while driving, or a high-risk activity that could frame a view that the victim played a role in causing the collision.

* A personal injury victim claiming loss of enjoyment of life or pain and suffering regularly poses happily for pictures in various places.

* An personal injury victim claiming incapacitating injuries posts videos of dancing, hiking, bowling, playing softball, or some other physical activity.

* A victim pursuing lost wages or loss of earning capacity is complaining about their job, showing off a DIY home improvement project, or sharing links for online work-from-home websites.

* A victim posts financial resource-demanding plans for the near future (making a large purchase, taking a vacation, etc.).

* A victim whose settlement agreement contains a confidentiality provision announces the settlement on social media.

This is not an exhaustive list. Even posting something that you believe helps your case can invite a harmful response from a social media troll or other ill-willed social media user.

THE BOTTOM LINE. Your safest bet is to avoid social media altogether while your case is pending. You must continue to monitor your account to make sure that well-meaning friends and family do not mention you in their public or unprotected posts.

YOUR LAWYER CAN HELP YOU AVOID MISTAKES. We provide personalized advice to each client at every step in the personal injury process, including how social media can undercut your personal injury claim. We provide a free case consultation where we answer your questions and evaluate your case. To schedule this free consultation, call 253.858.5434.

Estate planning gets more complicated for people in blended families. Navigating complex relationships and the death of a spouse can create complicated financial and emotional issues. We can help.

More than half of all Americans have either been or will be included in a blended family during their lifetime. A blended family is a family unit where one or both parents have children from a previous relationship. It can be hard to navigate the complexities of these different relationships and the death of a spouse can create even more complicated financial and emotional issues. The key to minimizing stress on any family members and heirs is a well thought out estate plan that makes it possible to honor your spouse and provide an inheritance that is protected for your own children.

PLANNING DISCUSSIONS WITH A BLENDED FAMILY. Not only are the financial issues for blended families more complex, but the emotions around those decisions can be even more intensified. Especially when you are dealing with the competing interests from your own children, stepchildren, and a new spouse. Participating in family conversations early and often can better prepare everyone for what may come in the future.

THREE STEPS TO CONSIDER IN THE PLANNING PROCESS.

(1) Have a discussion with all the members of your family on topics such as guardianship, long-term goals, finances, and other contractual obligations.

(2) Compile a list of individuals you want to be named in your documents including individuals to serve as agents during your incapacity or upon your death and individuals to whom you wish to give your assets and possessions.

(3) Consider the intended amount you want each party to receive, taking into account the financial needs of surviving spouses, young children, and other dependents.

NEXT STEPS IN THE ENGAGEMENT PROCESS. Once you have a basic overview of your goals, engaging in a collaborative discussion with your financial planner and estate planning attorney will help guide your decisions. Here are a few common topics that may arise when you are having these conversations:

* Setting up a Trust. One way to avoid disinheritance is by placing some or all of your assets and property in a Trust. Establishing a Trust will allow you to provide for your spouse during their lifetime, and when your spouse dies, anything documented in the Trust will be distributed to the children accordingly.

* Trustee Selections. Choosing a Trustee to manage your estate is a very important decision. Your Trustee will oversee your assets in the event you become incapacitated. Upon your death, they are responsible for ensuring that the remaining assets are passed to your loved ones as directed. Most often a family member, friend, or a professional such as a lawyer or accountant is chosen for this role. The person you consider should be trustworthy, financially capable, and one who will understand your family’s dynamics. It is important to consider how Trust beneficiaries will respond to the designated Trustee, and how all parties may interact together, especially during an emotional time.

* Living Wills and Powers of Attorney. Any complete estate plan will incorporate a Living will, Healthcare Power of Attorney, and Durable Power of Attorney. A Living Will is a document detailing your medical wishes should you become incapacitated. A Healthcare Power of Attorney designates someone to make medical decisions on your behalf if you are unable to do so. A Durable Power of Attorney appoints someone to handle your financial affairs when you no longer can. Individuals will often name their spouse, but in blended families it can become more complicated. Whether your family is blended or not, it is important to choose someone who is trustworthy and will provide an unbiased approach when dealing with family members.

* Home Ownership. If you own your home as "joint tenants with rights of survivorship" with your spouse, upon either spouse's passing, the full value of the home would transfer to the surviving spouse. If you own your home individually, upon your death, it would transfer as directed in your estate planning documents. If you do not have an estate plan it would be passed according to your state's laws of intestate succession. If you have concerns about disinheritance after your passing, you can also consider establishing a Qualified Personal Residence Trust (a "QPRT"). A QPRT allows the surviving spouse to live in the home during their lifetime, but upon their death, the home would be distributed to the beneficiaries of the Trust.

* Tangible Property. In addition to the financial components of an estate, there are sentimental items that may have little to no monetary value, but can often cause the most contention among family members. It is important not to overlook these items in your planning. If certain possessions are jointly owned with your spouse, and you have children from different marriages, it is important to designate who would be the recipient of these possessions in your estate plan.

ESTATE PLANNING STRATEGIES TO PROTECT YOUR FAMILY AND ASSETS. As family dynamics become more complex, so do the intricacies of creating an estate plan. Depending on a family’s individual needs there are different strategies that can be used to create a successful plan. If you and your family have questions about creating or revising an 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.

If you're starting a business and looking to form a corporation or LLC, you may be tempted to turn to online legal forms. Here's why it's important to hire a lawyer who represents small businesses.

Part of being a small business owner is looking for ways to save money–even for something as important as incorporating a business. That’s when people turn to online services like LegalZoom. Business owners might incorporate a business or form an LLC using forms obtained through LegalZoom believing that they are just being smart consumers. The mistaken assumption they make is that a lawyer would simply be filling out the same forms and submitting them to the proper government agency. But if you are considering incorporation or forming an LLC to run your business, you want to make sure it’s done right. If it isn’t, there could be serious consequences down the road that could negatively impact both your business and your personal assets.

For such complex legal business transactions, it’s important to hire a lawyer experienced in representing small businesses. While getting good legal advice or having a lawyer prepare your corporate or LLC documents may cost more initially, it could save you much more in the future.

WHAT IS LEGALZOOM? First, you need to understand exactly what LegalZoom is. According to their description, LegalZoom is an online legal portal to give you, the visitor, a general understanding of the law. They provide an automated solution to those who want to prepare their own legal documents. Essentially, they give you a simple, cookie cutter fill-in-the-blank legal form. You type in your name and address, you print out the form, and you use it. If it works for your situation, you’re in luck. If it doesn’t work in your situation, you’re out of luck. The only problem with that is that you might not fully understand what best fits your situation or the ramifications of your decisions and you don’t find that out until the document has failed.

LEGALZOOM'S TERMS OF USE. Am I just making this up out of thin air or am I getting this from a legitimate source? The fact is the information we're discussing here is taken directly from the LegalZoom website itself. The home page entices you with the idea that you’re going to get a personalized, affordable legal solution. It’s personalized because you’re the one who is filling in the blanks. It’s affordable because they are offering these fill-in-the-blank forms to you for as little as $99 dollars. But the legal protection is questionable, at best.

As to whether or not you are actually getting what you have bargained for, you need to figure that out by visiting LegalZoom’s Terms of Use page. At the bottom of the page, you will see the link. If you click on it, you will get a lengthy page of legal exclusions, waivers, and fine print about what they will not do for you.

What you really need to understand is that they will only do the simple stuff. They’ll review your answers to make sure that they are complete for spelling, along with internal consistency of names and addresses and the like.

What they won’t do is this: They won’t review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions, or recommendations about your legal rights, remedies, defenses, options, selection of forms, tax implications, strategies, or apply the law to the facts of your particular case.

In essence they’re doing nothing for you. Why is that? LegalZoom is not a law firm. They are required by law to inform you of this. More importantly, they are prohibited from performing the services performed by an attorney. So, essentially, they are simply a legal document preparation service providing a simple, fill-in-the-blank form. And you are, in essence, your own lawyer.

They further tell you that “LegalZoom and its services are not a substitute for the advice of an attorney.”

And lastly, they tell you that, “LegalZoom strives to keep its legal documents accurate, current and up-to-date.” However, as they recognize, the law changes rapidly and can vary greatly from state to state. That means they can’t guarantee that the information on the site is completely current. Furthermore, the legal information contained on the site is not legal advice and is not guaranteed to be correct, complete, or up-to-date.

So if you choose to use LegalZoom to complete important legal transactions, what you’re doing is putting your personal assets and your family's resources at risk by using their fill-in-the-blank forms that have no guarantees. You have no idea whether or not they’re correct, complete, or up-to-date.

SO WHAT'S OUR ADVICE? Our advice is to tell you what LegalZoom ultimately tells you on the site themselves. And that is this:

“If you need legal advice for your problem or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.”

That’s the best thing that this site does for you. Unfortunately, it’s buried in the terms of use. If you’re going to use this site or, furthermore, encourage somebody else that you care about to use the site, spend some time reading their terms of use and understand what you’re getting. I would submit to you that it’s not what you think you bargained for.

STARTING YOUR SMALL BUSINESS THE RIGHT WAAY. If you want to incorporate your business or form an LLC, get it done the right way. Contact us at 253.858.5434 to set up an appointment today. We have more than 24 years of experience forming corporations, LLCs, and partnerships for small businesses in Washington and more than 14 years of experience doing it in Idaho. As a trusted advisor, he can provide legal advice and services tailored to your specific business needs. We can help you determine which business entity is right for your company or answer questions about business issues. So what are you waiting for?

Careful consideration should be made when entering into a real estate investment partnership. The best way to protect everyone is with a written partnership agreement.

It is common for family members, significant others, friends, or business associates to invest in real estate together. The financial benefits of sharing investment costs allow for a larger down payment and larger purchase price. You should consider the financial strength of your partner and their trustworthiness. Disputes can arise between partners so careful consideration should be made before entering into a real estate investment partnership. Common issues that cause disputes include:

* Payment structures and distributions including profits and losses

* Property maintenance, including taxes, insurance, and repairs

* Responsibilities of partners

* Defaults

* When to sell

* Rent Increases

* Tax issues

* Decision making process

* Termination

* Death, incapacity or divorce

The best way to protect your partnership interests is to have a written partnership agreement. Depending on the type of entity you choose, we can prepare the appropriate agreement. For instance, you may want to form a general partnership, joint venture, limited partnership, or limited liability company. The agreement should set forth the responsibilities of the partners, funding, distributions, maintenance costs, and allow for either partner to terminate the agreement as well contain a provision for death, incapacity, or divorce, if applicable. The agreement sets forth each partner's rights, responsibilities, and legal obligations and eliminates misunderstandings.

Further, if a dispute arises between the partners, it can be resolved quicker by referring to the partnership agreement. The partners should try and resolve the dispute in a friendly manner first. Sometimes this may involve asking a third party such as a friend or family member to help. Another way to resolve the dispute is for one partner to sell their interests to the other partner and dissolve the partnership. If the parties are unable to come to a resolution, they may need to hire a lawyer or settle their dispute in accordance with the dispute resolution method set forth in the agreement. Common dispute resolution methods include mediation, arbitration, or filing a lawsuit in court.

We help you resolve an investment partnership dispute by reviewing the partnership agreement and advising you of your legal obligations and responsibilities. We can prepare a letter or memo to the other partner or their lawyer as well as prepare any legal documents to resolve the matter. Sometimes disputes must be decided in court. We can file legal documents with the court, defend and represent you and your interests in an investment partnership dispute matter.

If you're thinking about buying real estate with another person and have questions about how we can be of service, give us a call at 253.858.5434 to set up an appointment today!

Hiring an experienced personal injury lawyer is vital if you've been injured in an auto collision.

Hiring an experienced personal injury lawyer is vital if you are injured in a wreck. Unfortunately, we see many individuals attempt to represent themselves and generally fail miserably for several reasons. There are numerous studies illustrating that a claimant who is represented by legal counsel nets (after medical bills and attorney fees have been paid) in excess of 300% on average more money than those that handle their own auto collision claim. This number would be higher if we did not have so many personal injury settlement mills (usually the biggest advertising firms found on TV and radio) who often leave significant money on the table at the time of settlement.

If you opt to handle your own injury claim, the insurance company will offer you a minimal amount of settlement money intending for you to go away. In fact, insurance companies usually make such offers within days following the collision hoping to take advantage of the victim. At such time, you will not have any idea as to the extent of your injuries, prognosis, or the need for future medical treatment. These propositions are known in the industry as “nuisance value offers.” In other words, the insurance company sees the claim as a mere nuisance. They view the unrepresented injury victim as one who has “no bite behind their bark.” The insurance company will take the position that you have no ability to do anything beyond demand money as the unrepresented party does not know the lay of the land in litigation and will get chewed up by a seasoned insurance defense lawyer.

Sadly, we have seen many individuals take minimal settlements after executing a release of the negligent party. When they contact us months later after undergoing significant medical treatment, it is too late because they have signed away their legal rights.

Keep in mind that an injury victim that is not represented by a lawyer is at a major disadvantage to an insurance company with a whole team of people that handle personal injury claims all day every day. An unrepresented claimant lacks the experience or training necessary to properly negotiate with an insurance carrier. Further, such individuals will not have a thorough understanding of negotiating the medical bills they will surely incur as a result of treating for their collision-related injuries. Most claimants lack the financial resources to retain the best experts available (assuming they even know who they are) to illustrate the compensation that is commensurate with the injuries, harms, and losses suffered.

As Clarence Darrow famously said, the person "who represents himself has a fool for a client.” Do not go at it alone. Do yourself a favor and research the best lawyers in your area. Choose a law firm that can go toe to toe with the biggest insurance carriers. Look at what former clients say about their experience with the law firm. Do they offer personal attention or will you rarely if ever be able to get your lawyer on the phone?

Many law firms promise the moon with expensive TV and radio ads. However, this is nothing more than a personal injury settlement mill. At our law firm, you and your case will get the individual attention you deserve. If you or a friend or family member has been injured in an auto collision due to someone else's negligence or recklessness, give us a call at 253.858.5434 to set up an appointment for a free initial consultation today!

A Power of Attorney allows a person you appoint - your "attorney-in-fact" or your "agent" - to act in your place for financial purposes when and if you ever become incapacitated.

For most people, the durable power of attorney is the most important estate planning instrument available--even more useful than a Will. A power of attorney allows a person you appoint--your "attorney-in-fact" or “agent”--to act in place of you–the “principal”--for financial purposes when and if you ever become incapacitated.

In that case, the person you choose will be able to step in and take care of your financial affairs. Without a durable power of attorney, no one can represent you unless a court appoints a conservator or guardian. That court process takes time, costs money, and the judge may not choose the person you would prefer. In addition, under a guardianship or conservatorship, your representative may have to seek court permission to take planning steps that she could implement immediately under a simple durable power of attorney.

A power of attorney may be limited or general. A limited power of attorney may give someone the right to sign a deed to property on a day when you are out of town. Or it may allow someone to sign checks for you. A general power is comprehensive and gives your attorney-in-fact all the powers and rights that you have yourself.

A power of attorney may also be either current or "springing." Most powers of attorney take effect immediately upon their execution, even if the understanding is that they will not be used until and unless the grantor becomes incapacitated. However, the document can also be written so that it does not become effective until such incapacity occurs. In such cases, it is very important that the standard for determining incapacity and triggering the power of attorney be clearly laid out in the document itself.

However, lately we have found that clients are experiencing increasing difficulty in getting banks or other financial institutions to recognize the authority of an agent under a durable power of attorney. A certain amount of caution on the part of financial institutions is understandable: When someone steps forward claiming to represent the account holder, the financial institution wants to verify that the attorney-in-fact indeed has the authority to act for the principal. Still, some institutions go overboard, for example requiring that the attorney-in-fact indemnify them against any loss. Many banks or other financial institutions have their own standard power of attorney forms. To avoid problems, you may want to execute such forms offered by the institutions with which you have accounts. In addition, many attorneys counsel their clients to create living trusts in part to avoid this sort of problem with powers of attorney.

While you should seriously consider executing a durable power of attorney, if you do not have someone you trust to appoint it may be more appropriate to have the court looking over the shoulder of the person who is handling your affairs through a guardianship or conservatorship. In that case, you may execute a limited durable power of attorney simply nominating the person you want to serve as your conservator or guardian. Most states require the court to respect your nomination "except for good cause or disqualification."

If you have questions about how durable powers work, give us a call at 253.858.5434 to set up an appointment today.