Wills, Trusts, and Powers of Attorney are documents used to create estate plans for individuals and families as part of a process to establish objectives relating to one's property and assets.

Wills, Trusts, and Powers of Attorney are legal documents used to create estate plans for individuals and families. Creating these documents is part of an overall estate planning process to establish objectives relating to one’s property and assets.

WHAT IS A TRUST? A Living Trust is a type of Trust created during your lifetime (also called an "inter vivos" Trust) which works to keep your information private and to protect property and assets held within your estate. A Trust is funded by assets that you possess, such as real estate, stocks, bonds, and bank accounts. It is a legal document that allows a Trustee to hold assets on behalf of a beneficiary or beneficiaries.

A Trust can help you:

* set up the timed disbursement of inheritances

* avoid probate and probate court

* reduce your exposure to lawsuits from creditors

* decrease your estate taxes

* set up lifelong access to your assets for your special needs child or other dependent

When you die, the assets in your Trust are distributed in a time sensitive manner to your designated beneficiaries by your chosen representative.

WHAT IS A WILL? Almost every person you talk to knows that a person should have a Will; also known as a “Last Will and Testament.” It is a legal document that states your final wishes. A Will should outline, at a minimum, the following:

* who will handle your estate when you pass, also known as the “Personal Representative”

* how taxes and debt (if any) are paid

* the name of the Guardian(s) for your children

* discuss asset allocation/distribution

* what happens to your personal property & real estate (if you own a house, condo or land)

A Will is filed in the county court after your death. The court will get involved to make sure that your final wishes are carried out. A “self-proving” Will can speed up the probate process, as the court will accept the Will without needing to contact the witnesses who signed it.

WHICH IS BETTER, A WILL OR A TRUST? The two big difference between a Will and a Trust are when they take effect after your death and the cost to create them.

* A Trust takes effect as soon as you create it

* A Will will only go into effect after you die

* A Trust takes more time and effort to create and has costs associated with creating and managing

The most important consideration is a Trust avoids the possibly expensive and drawn out probate process. This in turn will save your beneficiaries both time and expenses. Your beneficiaries will receive their gifts immediately in accordance with the instructions you listed within your Trust. The choice between creating a Will and Trust is up to you. Our recommendation is that you discuss your specific situation with your lawyer to determine which option is best for you.

WHAT IS A POWER OF ATTORNEY? A Power of Attorney (POA) is often established so a person can appoint another person to act on their behalf, giving that person the “power” to make decisions on their behalf in the event they are unable to do so themselves, either because of age, illness, or injury. When a person grants another person the responsibility of holding their Power of Attorney (POA) that person needs to find out what authorities were granted to them regarding the person’s medical and financial decisions.

TWO TYPES OF POWER OF ATTORNEY - FINANCIAL AND MEDICAL.

* A financial Power of Attorney - also known as a “durable” Power of Attorney because it does not terminate if you become disabled or incapacitated - is a written document that authorizes another person to represent or act on your behalf in private affairs, business matters, or other legal matters.

* A Health Care Power of Attorney is a document that designates a representative or agent to advocate for you when you are unable to make or communicate health care decisions. The person you select should be someone you trust (family member relative, friend) to act as your agent if you are unable to speak for yourself.

WHAT DO I DO WHEN A LOVED ONE DIES? Losing a spouse, parent, grandparent, family member, or close friend is very difficult. It’s often a time of reflection and sadness. During this time, we encourage our clients to remember to take care of themselves and others suffering from the loss. You typically have no immediate legal deadlines. You can address any major life changing decisions when everyone is less emotional. It is a moment for everyone to breath, avoid confrontation, and give yourself time.

When you are ready to move forward, here is a list of tasks for you to be complete:

* Contact your lawyer or the Personal Representative of the estate

* Order several death certificates – your loved one’s funeral home should be able to assist you and provide the number of original copies needed. (Death certificates will need to be provided to many of the companies and agencies listed below in order to close accounts.)

* Notify the Social Security Office (arrange to return the social security benefits obtained for the month of their passing)

* Notify banks, investment, retirement accounts & credit card companies

* Inform their doctors, dentist, and pharmacist (cancel prescriptions)

* Contact their health insurance company & supplemental insurance carrier to cancel coverage (if applicable)

* Tell their life insurance company/agent (if they have a policy)

* Contact the local Post Office to forward their mail

* Collect outstanding bills and cancel subscriptions and utilities if they lived alone (newspaper, magazines, cable TV, phone, etc.)

WHAT HAPPENS IF THERE IS NO WILL OR TRUST? If a Will or Trust is in place, the Personal Representative or Trustee will be given instructions on the wishes of the deceased, which will assist in moving the estate forward. If a Will or Trust was never set up by your loved one, then they passed “intestate." Please contact us so that we can assist you in navigating through the probate court process.

If you would like to find out more information on how we can help you and your family set up a Will, Trusts, or Powers of Attorney, simply contact our offices at 253.858.5434 to set up a meeting! We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

No matter your age or economic situation, we encourage everyone to consider the benefits of comprehensive estate planning.

No matter your age or economic situation, we encourage everyone to consider the benefits of comprehensive estate planning. The cornerstone of every estate plan is the Will. This document can express your wishes regarding the distribution of your assets. It can name a guardian for a minor child in the event of your death. A Will can even be used to minimize the effects of taxation through the creation of certain kinds of Trusts.

We provide a full range of estate planning advice and services. We will meet with you to review your situation and explain how we can help you achieve your goals. If your financial or family situation has changed since the creation of your Will, we can revise it to meet your needs.

Most people think of Wills and Trusts as two separate instruments. However, in Washington you can create a Will that also contains a testamentary Trust. The Trust only comes into being upon your death. This can be a useful means of providing for the needs of family members and minimizing capital gains taxes. We have been drafting Wills for people from all walks of life for 25 years.

When you meet with us to discuss your situation, we will listen closely as you describe your finances, your family, and your goals. Based on your needs and desires, we will create the estate planning documents that can help you achieve your goals.

What happens if you die without a Will? Many people do not realize that if they die before they have taken the time to make a Will or Trust, their estate will be in control of the state. Washington and Idaho have both created statutes that will be used to determine how your estate is divided and distributed. Unfortunately, this process can be rather lengthy and costly. You can avoid this process by working with us to develop detailed and comprehensive documents.

What if your Will is challenged or contested? Even the most thoroughly drafted Wills and other estate planning documents can be challenged during the estate administration process. This can arise from a number of situations, including questions of the testator’s mental capacity when signing a Will, concerns about breach of fiduciary duty or fraud, factual inaccuracies or technical flaws in the Will, outdated information in the Will, or Will forgery. In the event of a Will contest, the estate administrator (also known as the Personal Representative or Executor) must continue to act in the best interest of beneficiaries and of the estate. The claim brought against the estate to challenge the Will can result in the Will being upheld as valid, the Will being declared invalid, certain gifts/inheritance being declared invalid, or gifts/inheritance being altered.

Numerous other questions often arise in the estate planning process. What happens to your retirement account? How will your medical bills be paid after you die? How can you provide for the needs of your disabled child after you are gone? We have answers to these and other questions. To learn more about estate planning, wills, and Trusts, call us at 253.858.5434 to schedule your appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

People injured in car crashes often suffer from broken bones, blood loss, or traumatic brain injuries, but connective tissue injuries are serious too.

When you are injured in an auto collision, it is easy to ignore signs of bruising and muscle stiffness as you deal with your sudden trauma. While injured individuals typically associate injuries like broken bones, blood loss, or traumatic brain injuries with collisions, connective tissue injuries are also serious injuries. If you suffered a serious muscle strain or torn ligament due to no fault of your own, you should discuss your case with a lawyer.

THE MOST COMMON TYPES OF CONNECTIVE TISSUE INJURIES. The tissues that help with the body’s movement are easily injured when impacted by a serious car crash. A connective tissue injury involves trauma to one or more of the following:

* Skin

* Muscles

* Tendons

* Ligaments

There are two categories for connective tissue injuries:

(1) Acute trauma – The result of an external force impacting the body

(2) Overuse injury – Caused by repetitive use of connective tissues

Auto collisions are the most common cause of acute trauma injuries. The severity of the injury depends upon the type of collision and the force of the impact. Whiplash is one form of an acute traumatic injury involving connective tissue, and it can range from minor to severe. Sometimes called a neck sprain or strain, whiplash involves the rapid back-and-forth motion of the neck. While common in car crashes, whiplash can also occur due to a fall or an assault, as well. Severe cases of whiplash can result in headaches and pain that spreads to the arms. Some patients experience pain from whiplash for months, and even years, after an incident.

Other examples of connective tissue injuries that fall under the category of acute trauma include the following:

* Sprains – A sprain is a partial tear to a ligament. If the ligament is completely torn, it may require surgical repair. The most common areas to experience a sprain are the ankles, knees, and wrists.

* Strains – A strain is different from a sprain. A strain injury involves damage to a muscle or tendon.

* Contusions (bruises) – Most any type of trauma can leave you with some form of contusion. A contusion is often the result of a blunt force impact. A contusion results in pain, swelling, and discoloration due to blood entering the tissue.

* Lacerations – Open wounds that result from acute trauma show signs of damaged skin that expose the layers of connective tissue under the skin.

* Abrasions – While abrasions only affect the layers of skin, they are quite painful and similar to a burn. A first-degree abrasion affects the top layer of skin, a second-degree burn affects the second layer, and a third-degree abrasion affects all three layers of skin. Abrasions are also referred to as friction burns because of the type of injury.

* Stress fracture – Described as a small crack in a bone, stress fractures are often the result of repetitive motion. In some cases, a stress fracture can progress into a broken bone and possibly require surgery.

* Tendonitis – This type of connective tissue injury involves inflammation of a tendon. Tendonitis, like a stress fracture, is often due to overuse of such body parts as the hand, wrist, knees, or ankles.

* Bursitis – A patient develops bursitis when the fluid-filled sac that serves as a cushion between the bones and muscles becomes inflamed. Bursitis can result from either repetitive use or from acute trauma.

If you experienced one or more of these types of connective tissue injuries due to no fault of your own, you deserve justice. Injuries involving your muscles, tendons, and ligaments are painful and often slow to heal. We can help you with your case. Let us deal with insurance companies so that you can concentrate on your healing and recovery.

CARE AND TREATMENT NECESSARY FOR CONNECTIVE TISSUE INJURIES. What may seem like “just a bruise” or stiffness after a collision may, in fact, be something much more serious. Connective tissue injuries are why it is imperative to always accept medical transport to a hospital immediately. Diagnosing your connective tissue injury and deciding upon the best course of treatment requires a medical professional and diagnostic testing like that of an MRI.

Soft tissue injuries are classified in terms of seriousness by grades:

* Grade 1 (mild): Sprain or tear comprising up to 5% of a ligament or a joint.

* Grade 2 (moderate): Sprain or tear of up to 50% of a ligament or joint.

* Grade 3 (severe): 100% sprain or tear of a ligament or joint.

* Connective tissue injuries can escalate to a grade 4—the highest and most dangerous level of connective tissue injuries. A grade 4 injury means there is avulsion, defined as a sprain or tear of a ligament or joint that results in complete tear from a bone.

Signs of a possible connective tissue injury include:

* Hearing a “popping” or “snapping” sound during or immediately after the incident.

* Experiencing a limited range of motion with your limbs.

* There are symptoms of pain, swelling, and bruising.

* You are unable to put any weight on the injured area.

Most mild cases of connective tissue injuries are treatable at home with ice, rest, and elevation of inflamed limbs. Doctors may use a splint, brace, or sling to stabilize the injured area. Moderate to severe cases of connective tissue injuries may require surgery and extensive physical and occupational therapy.

Connective tissue injuries of any level limit your mobility and disrupt your life. The painful tear of a ligament can make you dependent upon others for assistance with your daily needs, such as bathing and dressing. When this type of injury is inflicted by another person due to their careless actions, it isn’t fair. A connective tissue injury can take weeks—even months—to heal. In serious cases, a patient may never recover full use of the injured area. Dealing with the resulting scar tissue, medications, and continuous appointments with doctors is downright frustrating.

If you experienced a serious connective tissue injury due to the negligence of another person, you owe it to yourself to discuss your case with a lawyer. Most personal injury lawyers offer free case evaluations, meaning you have nothing to lose by contacting one today.

WHY YOU NEED TO A LAWYER. A connective tissue injury is no small matter when it comes to your medical bills, lost wages, and pain and suffering. Insurance companies will try to diminish the seriousness of your injury or offer you as little money as possible. Retaining an experienced attorney can help protect your rights and maximize your compensation.

The muscles, tendons, and ligaments in our body help us more than we know. It is only when they become seriously injured that we realize how they help us function on a daily basis. When you experience a serious connective tissue injury due to no fault of your own, you may be entitled to compensation. Don’t let insurance company representatives bully you into signing anything without legal representation. Insurance companies want to settle cases quickly. Their initial settlement offers may seem like a lot of money to you, but chances are that it’s not enough for your future medical care. Your severe injury may require more than one surgery, countless medications, and months of therapies.

The majority of personal injury cases are settled out of court. An experienced lawyer is well aware of the tactics that insurance companies use to deny or delay compensation. If an insurance company is uncooperative when it comes to negotiations, the right lawyer is ready and willing to go to trial. Trying to handle your case on your own is risky. This period of great pain and stress is no time to test your negotiation skills. Insurance companies are too experienced and too clever for injured individuals to deal with on their own. Your future medical and personal care needs are too important to leave to chance.

Placing your case in your lawyer's hands affords you the peace of mind you need during this difficult time. While each case is different, you may be entitled to financial compensation for your injuries, depending on the specific circumstances of your case.

CONNECTIVE TISSUE INJURIES ARE SERIOUS. It’s easy to dismiss a sore neck or a stiff muscle that develops after a car crash as no big deal. However, it’s sometimes the smallest injury that can result in the largest problem for your health. Never shake off any type of injury after a collision, and always seek immediate medical attention. Your medical report can serve as valuable documentation should you pursue a personal injury claim.

The muscles, tendons, and ligaments that connect to make our body’s movements are tough yet tender when it comes to sudden trauma. An auto collision can result in a hard impact on your body. The moment of impact is the moment your life changes forever due to the carelessness of someone else. Connective tissue injuries can make your favorite hobbies impossible and can even lead to the end of your career. Your quick trip to the store or to a restaurant for dinner with friends can turn tragic in a second. Any possible surgeries can delay your healing and leave you without a steady income. If you experienced connective tissue injuries, you deserve quality care. Reach out to us to discuss the specifics of your case. No one should pay out-of-pocket for injuries experienced due to the reckless actions of someone else.

Insurance companies are only looking out for themselves and not for you. Having someone on your side during this stressful time is important for protecting your interests. We have the experience that you need for your case and the compassion that you and your family deserve.

Time is of the essence due to the statute of limitations for filing your claim. The clock starts ticking the moment you get injured. By scheduling an appointment with us, you take the first step toward possible justice. If you decide that you want us to review your case for free, don’t delay. Gather your evidence, such as police reports and contact information for witnesses, and bring it with you to your appointment. If your injuries are such that you are unable to travel, ask if we can visit you.

Connective tissue injuries are painful, serious, and expensive. Securing legal representation is a smart idea when you face mounting medical bills, lost wages, and pain and suffering. Don’t listen to insurance companies who try to diminish your injuries. Listen to your gut instinct and ask us if you have grounds for litigation.

A drunk or distracted driver or any other type of negligent person has no right to disrupt your life in such a violent and painful way. No matter how defensively you drive or how carefully you walk, it only takes the negligence of one person to cause you to experience serious injury. Bringing a personal injury claim is something worth considering as you contemplate your future medical needs. A proactive approach may seem overwhelming as you deal with your injuries. That’s why it makes good sense to talk with an attorney. We can review your case and provide you with the best option for moving forward. You have nothing to lose by scheduling a free consultation. There is no commitment required with a free case evaluation; how you proceed following the evaluation is entirely up to you.

Connective tissue injuries affect your daily life. You can go from completely mobile to completely immobile in an instant, thanks to a negligent person. If this has happened to you, you should call us sooner rather than later. Knowing your options for pursuing justice may just help you feel a little better and make your future seem a little brighter.

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.

What should you do once your estate planning documents have been signed and your estate plan is in place? Here are some tips for storing and safeguarding your estate planning documents.

We've told you before how important it is to prepare an estate plan. But what should you do once your documents have been signed and your estate plan is in place? It is very important to safeguard the originals of your documents, as it will be necessary to have the originals in the event of your death or disability. Although there is no perfect place to store your Wills and other estate planning documents, there are some place that should be avoided. For example, a safe deposit box should not be used for storage because the box comes as part of a rental agreement with the attached bank—that agreement is between whoever is the signer on the box and the bank. After you die, no one else can get access to the box, absent a court order. Getting that court order requires additional trips to court, which costs money and is an all-around hassle. Avoid safe deposit boxes; home safes or locked filing cabinets are good options, though it is always a good idea to ensure your family knows where the documents are located and someone knows how to access them. A few additional thoughts on storing your estate planning documents:

* For all individuals named in your estate planning documents, be sure to keep with those documents an up-to-date list of contact information for those individuals.

* For those people who have been named to “key” roles in the documents, e.g., Personal Representative, Trustee, Guardian, Financial Power of Attorney, Health Care Power of Attorney, etc., make sure those people have been informed of their roles and how to access the relevant documents, if necessary.

* Along with your estate planning documents, keep copies of the past two years’ worth of tax returns, as well as a list of online accounts and passwords.

It is also important to remember that, although your Will may have been signed, it is not effective until your death and you can amend it at any time prior to your death, assuming you still have mental capacity. Changes should be made only by a properly prepared Codicil or by preparing an entirely new Will. You should NOT attempt to make changes to your document by writing on the original, as this could render the document ineffective.

If you have questions about preparing a Will or other estate planning documents, 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.

Having an estate plan makes life a lot easier for your loved ones in the event of your death or disability. If you have children and/or own a house, you should have a clear estate plan in place.

Having an estate plan makes life a lot easier for your loved ones in the event of your death or disability. If you have children and/or own a house, you should have a clear, personal estate plan in place. Without a Durable Power of Attorney and a Health Care Power of Attorney, it's a judge that decides who takes care of you and your financial affairs in the event you become incapacitated, either because of age, illness, or injury. And it's the judge who gets to say what your guardian is allowed or not allowed to do, and your guardian has to report back to the court every year. Without a Will or Revocable Living Trust, your state's laws of intestacy determine who is to receive your property when you die and state law also sets forth the list of people who have priority to be in charge of your estate. Things get even more complicated if you are part of a blended family, have a disabled child, own a business, own real estate outside of your home state, or have an estate large enough for state or federal estate taxes to be imposed. Take control of these matters yourself and consult an estate planning lawyer to get an appropriate and clear estate plan in place that is customized to your family's situation.

We have providing estate planning legal services for nearly 25 years. We proudly represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

It's important to have an estate plan. You want to make sure the assets you've worked hard to accumulate go to the people or organizations you care about.

It's important to have an estate plan. You want to make sure the assets you've worked so hard to accumulate during your lifetime go to the people or organizations you care about. Estate planning can be a complex process, but we can provide you with the support to make it easier.

Having a comprehensive estate plan in place can help you feel more confident about the future and that your loved ones will be taken care of. It can help you achieve a variety of goals and objectives, including:

* Providing support and financial stability to your spouse.

* Preserving assets for future generations.

* Supporting a favorite charity or other worthy cause.

* Ensuring all of your assets, including those that pass by beneficiary designation (e.g., retirement accounts and life insurance policies), will be distributed according to your wishes.

* Minimizing taxes and expenses.

* Ensuring individuals that you choose can make decisions on your behalf in the event of your incapacity.

If you have estate planning questions and want to see how 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.

We are passionate about supporting, advocating for, representing, and partnering with nonprofit organizations and the people behind them.

At our law firm, we are passionate about supporting, advocating for, and partnering with nonprofit organizations and the people behind them. For more than two decades, those looking for assistance with nonprofit law throughout Washington have relied on us for legal and business guidance.

A nonprofit organization’s board members (e.g., its directors, trustees, elders, etc.) are legally responsible for everything the organization does. State law strictly controls how boards conduct their affairs and set high standards for board member conduct. Failure to satisfy these legal standards (i.e., board members’ “fiduciary duty”) can result in personal liability to directors and state government takeover of the organization. The law protects them from liability when board members act in an ethical and accountable manner.

At our law firm, we strive to ensure that board members always act in compliance with their fiduciary duty. We train them and give them the tools to excel. Among those tools are a nonprofit’s bylaws. Great bylaws help educate board members about their duties and serve as an instruction manual for board conduct. We have helped numerous nonprofit organizations understand and improve their bylaws.

We support and guide boards and their members in the full range of their legal duties and accountability issues, including:

* Understanding and complying with board member duty and liability;

* Addressing, as appropriate, potential self-dealing, conflicts of interest, and insider transactions;

* Updating and revising bylaws;

* Instruction on proper board procedures such as elections, notices of meetings, and the preparation of meeting minutes;

* Establishing and complying with best practices;

* Drafting the full range of board resolutions and corporate procedures;

* Addressing complaints filed against a board or individual directors;

* Meeting legally mandated public disclosure requirements;

* Handling and resolving board disputes and disruptive board members; and

* Holding board and staff members to the highest levels of accountability.

If your nonprofit organization or church has need of legal counsel regarding its corporate governance, give us a call at 253.858.5434 to see how we can help. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Why is regularly reviewing and updating your estate plan important?

We're working on an estate right now that involves a Will that was written in 1986. With a Will this old, this is one of those rare situations where it would actually be easier if the decedent had died without a Will rather than one that had not been updated in 35 years. This is why regularly reviewing and updating your estate plan is important! If you have an estate plan already in place, then you have started off on the right path. If you do not have one yet, it is time to get one drawn up so you can have a plan in place. However, once you have your estate plan made, it is not something that you can just put in a drawer and forget about. We recommend that you review and revise your estate plan every three to five years or after you have had a major life change.

WHAT TO UPDATE IN THIS PROCESS. While some people think that this means you should review your Will, it is not the only thing to take a look at. If you have a comprehensive estate plan, you will need to have all of this reviewed and updated as needed. A comprehensive estate plan can be made up of a variety of documents including a Will, a Directive to Physicians (a "Living Will"), a Revocable Living Trust, a Durable Power of Attorney, a Health Care Power of Attorney, and more. Some other things that may be included are life insurance, retirement plans, and business succession plans if you own a business. As you can see, this can be a big process, especially if you wait too long to update the documents and have a lot of updating to do. If you update as things change, then you will have an easier time and the process will not take very long for you to complete.

REASONS TO UPDATE YOUR ESTATE PLAN. As you approach your review process, on broad terms, you are looking to ensure that your intentions have not changed, that the right people are included, that major life changes are reflected, and that all other major changes are noted. However, there are specific instances where you will want to ensure that you make the necessary changes to your estate plan. These are some of the most common reasons why you may want to update your estate plan:

* Marriage and Divorce. Changes to family dynamics happen all the time. When this happens, you should make sure your estate plan reflects these changes. For example, if you have recently gotten married, then you should ensure that your estate plan includes your new spouse. If you have been married before, another thing to remove from this plan is your ex spouse if you have not done so already. Additionally, you should get your estate plan updated if you have gotten divorced. Hopefully you have done this before getting married again, and you should keep this in mind as a trigger for an estate plan update. You do not even have to get married to trigger a review and revision of your estate plan. In fact, if you want to care for your partner and you are not married, now is a good time to ensure that this happens. This is important because if you are not legally married, then your partner may not get anything if it is not specifically laid out in your estate plan.

* Children. If you have children, you may also want to revisit how they are taken care of in your estate plan to make sure it is set up exactly how you want it now that you have a new family dynamic. If your new spouse has children from a previous relationship, then you may also want to include your stepchildren in your estate plan. Stepchildren are not typically included as beneficiaries of an estate plan unless the plan specifically mentions them, so you will need to take the time to include them if you wish to do so. Your estate plan will include all of your children, which includes both your biological and adopted children. The only exception in this case is if you wish to disinherit someone. If you want to disinherit a child or spouse, you will need to make sure that this is included in your estate plan. This is an important thing to do if you do not want someone in your immediate family to get anything as part of your estate plan.

Whenever your family tree changes, you should have your new child added to your estate plan. You will also want to outline in your estate plan who should be their guardian if you are no longer around. On the same point, if you are unhappy with who you have chosen to be the guardian of your children, you need to ensure that this is changed in your estate plan as soon as possible.

* Changes to Beneficiaries. If you decide that you want to change your beneficiaries, you will want to do this in all areas of your estate plan. You need to do the same if you wish to remove a beneficiary. If any of your beneficiaries have passed before you, you should revise your estate plan so that you can include new beneficiaries and/or redistribute property among your current beneficiaries. If any of your beneficiaries have had any changes to their care and their needs, you may want to include a way for you to provide for that care after you are gone. For example, if any of your beneficiaries require special care, you will want to outline how you will take care of these or who you want to manage the care after you are gone.

* Tax Changes. If you have moved from one state to another recently, your estate plan needs to be reviewed to ensure that it complies with all state laws. In this case, you should review it with an estate planning lawyer in the new state since they will be more familiar with the local laws. Even if you have not moved to a new state, Congress and state legislatures are constantly changing the tax laws. Keep in close contact with your lawyer to ensure that your estate plan is compliant. An experienced lawyer will keep tabs on this for you, but it is always a good idea to periodically check it or make the call to review it if you learn of any new laws.

Another change that can impact your taxes is when your assets change. If the size, nature, or value of your assets has changed, you need to take a good look at your estate plan and update accordingly. Whether or not you add these to your Will or Trust is something that you will want to discuss with your lawyer or financial planner. There may be a benefit of adding it to a Trust so it can avoid probate or take advantage of certain tax laws, but there are numerous factors that can play into this. Either way, you should revise your estate plan to reflect the current state of your estate.

* Other Various Changes. A lot of the changes fit into specific categories, but there are some that are unique and cannot be placed in these broad categories. These reasons are just as important when it comes to determining if you should update your will. This list contains a few of the other reasons you need to change your estate plan:

(1) Do you have a Trust and want to name a new Trustee? As part of your estate plan, you should review and revise your Revocable Living Trust if you want to add a successor Trustee or substitute Trustees. You will need to add it to this component of your estate plan so that your Trustee list is accurate at all times.

(2) Do you want to change your Power of Attorney? If you wish to have a Power of Attorney, whether it is a Durable Power of Attorney or a Health Care Power of Attorney, you will want to make sure that your wishes are reflected. If you want to change it, you can revoke them and appoint a new person to have it. This should always be as up to date as possible.

(3) Do you have a Directive to Physicians set up? If you do not have one already in your estate plan, add one. If you do have one, you should periodically review it to ensure that everything you want in this document is outlined. If you have changed your mind on some things, update this as well.

(4) Do you own a business or plan to open one? If you own a business or plan to open one, make sure that you not only develop a business succession plan, but also decide who will own the business after you are gone. You can even decide who will run your business.

(5) Has it been three to five years since you reviewed your estate plan? If you have not taken the time to review your estate plan in some time, this is reason enough to take a look at it and ensure that there is nothing that needs to be updated that you may have missed during your other reviews, if you have had any. You should review your estate plan with your lawyer on a regular basis.

THE IMPORTANCE OF UPDATING YOUR ESTATE PLAN. As you can see, there are many reasons why you would want to update your estate plan. However, it is also important to do this in a timely manner. If you fail to review and revise your plan when you have had a life change or change of heart for some reason, your estate could end up in the hands of someone that it is no longer intended for. No matter what your reason is for revisiting your estate plan, your lawyer will ensure that it is valid and that the changes you are making are compliant with all local laws. The last thing you want is for someone to not get what you wanted them to have simply because you did not discuss changes with your lawyer or have this updated on your various estate planning documents.

Make any changes as soon as you have a change or you have decided that you want to change your estate plan. There is no sense in waiting, because completing this as quickly as possible will help put your mind at ease. If you do not already have a plan in place, work with an estate planning lawyer to get your documents drawn up as soon as possible, especially if you have assets that you want to go to some beneficiaries. You can add documents to your estate plan that are relevant, and you will not have to do anything that fails to serve any purpose for your estate.

If we can be of service to you, your family, friends, neighbors, or coworkers, 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 new business, one of the most popular choices of business entity is the limited liability company. Here's how to set one up.

If you're starting a new business, you should probably operate the business through a limited liability entity. Examples of limited liability business entities include LLCs, corporations (S corporations and C corporations), limited liability partnerships, and limited partnerships. There are many choices available. One of the most popular choices of business is the limited liability company, or LLC. This is how you do it:

STEP 1: NAME AVAILABLE? The first step in the process is determining whether the business name you want is available. You can do a very simple google search to see whether someone’s online presence could be confused with your anticipated business name. It’s also a good idea to check whether the web domain you want is available. After doing a generic online, you should look up your desired business name on the State of Washington’s Department of Licensing website and the Washington Secretary of State’s Corporation Search. This will tell you if any other businesses are operating in Washington under the name you are thinking of, or have reserved the name. Finally, check whether the name you are thinking of is trademarked. Find that by going onto both the applicable federal website and state website.

STEP 2: DRAFTING THE LLC AGREEMENT. The next step in the process of forming an LLC is drafting an LLC agreement, the operating agreement for the business. It’s akin to a corporation's bylaws. That is, it relates the entity’s core operating principles, which typically cannot be changed without at least a super-majority vote (a 2/3 majority vote).

An LLC agreement usually contains some of the following core decisions, among others:

* Whether either a manager or the members (owners) of the business make daily decisions. Larger businesses often run more smoothly if a manager can make simple decisions, as it reduces the need for frequent owners’ meetings.

* What decisions require an ownership (members) vote, and how the voting process will take place.

* Who makes tax decisions.

* How profits and losses are divided among owners.

You don’t need a LLC agreement; it is not a requirement under the Washington Limited Liability Company Act. If you don’t have one, statutes and case law provide the unstated terms of the LLC agreement. But you will want an LLC agreement if any of the following apply:

* You prefer to determine your own outcomes rather than operating under default rules.

* The business has or might have multiple owners.

* You anticipate buying real estate through the business. Escrow agents usually want to see an LLC’s operating agreement as part of the closing process.

And of course, make sure all the owners sign the LLC agreement before progressing to the next step.

STEP 3: REGISTERING WITH THE STATE. The third step in the process of creating your LLC would be to register with the Washington Secretary of State. The easiest way is online. The Secretary of State has a checkbox online registration system. You can also register by means of paper and mail, but that takes longer and costs more money. Almost everybody does it online instead.

The registration process entails some basic questions, the answers to which are probably in your LLC agreement. For example , you’ll need to indicate:

* Whether your LLC is “manager managed" or "member managed." That is, whether a manager makes everyday decisions or whether nearly all decisions require a more democratic vote of the owners.

* Who the members (owners) of the business are.

* Who will act as your LLC’s registered agent. You must select a registered agent—the person who can be served with any legal process. If you don’t have a registered agent, you can’t form an LLC.

If you have questions about setting up an LLC to operate your new business, give us a call at 253.858.5434 to set up an appointment today.

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.