Hire a lawyer to help you fight back if you are getting lowballed by an insurance company after you've been hurt in an auto collision.

If you are getting lowballed by an insurance company after an auto collision, you are not alone. Insurance companies make low settlement offers to injury victims all the time, and they do so knowing that many claimants will agree to settle for far less than they deserve.

When dealing with an insurance company, it is up to you to protect your legal rights. If you let the insurance company decide what it will pay, you will only get a small fraction of the total amount you are rightfully owed (if that). But, by fighting back and asserting your legal rights effectively, you can collect the money you need to get back to your normal life. Here are some steps to take if the insurance company is lowballing you:

1. Get Help from a Lawyer. If you have not done so already, you should speak to a lawyer if the insurance company refuses to compensate you fairly. Insurers treat claimants who retain a lawyer differently than those without representation. Hiring a lawyer can get insurance company representatives to take you seriously and offer more substantial compensation. Your lawyer will be able to deal with the insurance company on your behalf, assisting you with each of the additional steps outlined below.

2. Make Sure It Is Actually a Lowball Offer. What makes you think the settlement offer is low? Is the insurance company offering less than the total costs you have already incurred? Or do you simply feel like you are entitled to more? While your intuition may be correct, you need to be careful not to reject an offer that adequately compensates you for your losses.

3. Figure Out Why the Insurance Company Is Lowballing You. Generally, insurance companies provide lowball offers because they are businesses committed to protecting the bottom line. Profits suffer when they pay out large claims. However, in some cases there may be a specific reason behind an insurer’s lowball offer:

(a) The Insurance Company Has Determined That You Were at Fault – When you bring a personal injury claim, the other driver’s insurance company might claim that you are partially at fault for the collision and make a low offer.

(b) The Insurance Company Has Undercalculated Your Losses – The insurance company could also be offering less than you deserve because it has undervalued your claim. Insurers often employ formulas to calculate compensation. These equations don’t always reflect your losses accurately, resulting in a lowball settlement offer.

(c) The Insurance Company Is Acting in Bad Faith – It is also possible that the insurance company is acting in bad faith. Unfortunately, bad faith insurance practices are not uncommon, and some insurance companies will make lowball settlement offers regardless of the facts at hand. If the insurance company is handling your claim in bad faith, you will need a lawyer to help you hold the insurer accountable.

4. Collect the Evidence You Need to Prove Your Claim. Once you know why the insurance company is lowballing you, you can then focus on gathering the evidence you need to prove your claim. Does the evidence show that you played no part in causing the accident? Do you have medical records, employment records, and other documentation that demonstrates the extent of your accident-related losses? In many cases, overcoming a lowball settlement offer is a matter of convincing the insurance adjuster that they have overlooked relevant information.

5. Keep Negotiating and/or File a Lawsuit. Ultimately, in order to overcome a lowball settlement offer, you need to be prepared to keep negotiating – and you may need to be prepared to go to court if necessary. Negotiating with the insurance company and preparing a lawsuit are steps that you will need your lawyer to take on your behalf. Your lawyer can also advise you regarding future settlement offers and advise you against actions that could make it more difficult to recover just compensation for your collision.

WHAT *NOT* TO DO IF THE INSURANCE COMPANY IS LOWBALLING YOU. In addition to taking the steps listed above, there are also some costly mistakes you need to avoid. Specifically, if you have received a lowball settlement offer for your auto collision:

1. Do Not Accept the Lowball Settlement as “Partial Payment” – Do not accept the lowball settlement and treat it as “partial payment” for your claim. Once you accept a settlement of any kind, your claim is over.

2. Do Not Give in to the Insurance Company’s Tactics – While dealing with the insurance company’s tactics can be frustrating, you should not give in. If you have suffered substantial losses as a result of your collision, it will be well worth fighting for the compensation you deserve.

3. Discuss Your Claim with a Lawyer. Filing an insurance claim after a car crash can be challenging. If you were seriously injured through no fault of your own, you should not have to settle for less.

At our law firm, we are committed to pursuing the full compensation you deserve. We have been representing injured people and their survivors for more than 20 years and can help you overcome a lowball insurance settlement offer. Please call us at 253.858.5434 today for a free case evaluation.

Here are some estate planning tools and techniques you can use to avoid probate in Washington.

Probate court proceedings (the process through which a deceased person's assets are transferred to the people who inherit them) can be long, costly, and confusing. It's no wonder so many people take steps to spare their families the hassle. Different states, however, offer different ways to avoid probate. Here are your options in Washington.

REVOCABLE LIVING TRUSTS. In Washington, you can make a Revocable Living Trust to avoid probate for virtually any asset you own--real estate, bank accounts, vehicles, and so on. You need to create a Trust Agreement (it's similar to a Will), naming someone to take over as Trustee after your death. Then--and this is crucial--you must transfer ownership of your property to yourself as the Trustee of the Trust. Once all that's done, the property will be controlled by the terms of the Trust. At your death, your successor Trustee will be able to transfer it to the Trust beneficiaries without probate court proceedings.

JOINT OWNERSHIP. If you own property jointly with someone else, and this ownership includes the "right of survivorship," then the surviving owner automatically owns the property when the other owner dies. No probate will be necessary to transfer the property, although of course it will take some paperwork to show that title to the property is held solely by the surviving owner.

In Washington, you and co-owners can hold assets in joint tenancy. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts, or other valuable property together. Each owner, called a joint tenant, must own an equal share.

COMMUNITY PROPERTY AGREEMENTS. Many married couples in Washington create and sign community property agreements. This agreement between spouses typically provides that when one spouse dies, their property is immediately converted to community property and passes to the surviving spouse. Under Washington law, community property left through a community property agreement can be transferred to the survivor without probate.

PAYABLE-ON-DEATH DESIGNATIONS FOR BANK ACCOUNTS. In Washington, you can add a "payable-on-death" (POD) designation to bank accounts such as savings accounts or certificates of deposit. You still control all the money in the account--your POD beneficiary has no rights to the money, and you can spend it all if you want. At your death, the beneficiary can claim the money directly from the bank without probate court proceedings.

TRANSFER-ON-DEATH REGISTRATION FOR SECURITIES. Washington lets you register stocks and bonds in transfer-on-death (TOD) form. People commonly hold brokerage accounts this way. If you register an account in TOD (also called beneficiary) form, the beneficiary you name will inherit the account automatically at your death. No probate court proceedings will be necessary; the beneficiary will deal directly with the brokerage company to transfer the account.

TRANSFER ON DEATH DEEDS FOR REAL ESTATE. As of June 2014, Washington allows you to leave real estate with transfer on death deeds (TODDs), also called beneficiary deeds. You sign and record the deed now, but it doesn't take effect until your death. You can revoke the deed or sell the property at any time; the beneficiary you name on the deed has no rights until your death.

TRANSFER ON DEATH REGISTRATION FOR VEHICLES. Washington does not allow transfer-on-death registration of vehicles, but the Washington Department of Licensing does provide a simple form to transfer a vehicle's title by inheritance.

SIMPLIFIED PROBATE PROCEEDINGS. Even if you don't do any planning to avoid probate, your estate may qualify for Washington's simplified "small estate" probate procedures if the entire value of your estate is less than $100,000 and does not include any real estate.

Probate avoidance techniques have become a much bigger deal here in Washington since COVID. If you have questions about this or any other legal matter, 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.

Making substantial gifts to family members, friends, and charities can be an important estate planning tool.

Making substantial gifts to family members, friends, and charities can be an important estate planning tool. There are many benefits to gifting property, such as reducing your taxable estate, transferring tax obligations to your children or grandchildren who may be in a lower tax bracket, or making your estate smaller to avoid probate. Additionally, lifetime giving will provide you with the opportunity to bring joy to others while you are still alive. There are, however, a number of potential pitfalls for the unwary benefactor. A careful review of the current law and your own financial situation can help you determine if you should be gifting property to aid your estate planning goals.

Under federal law, gift tax and estate tax are intertwined. Estate and gift tax rates are applied to cumulative transfers made during one’s lifetime and at death. As of January 1, 2022, the federal estate and lifetime gift tax exemption amount is $12.06 million, or $24.12 million for a married couple. However, certain gifts do not count toward this tax exemption amount, including: gifts to charitable organizations, gifts to U.S. citizen spouses, gifts under $16,000 per year per recipient ($32,000 for a married couple), and direct payments of educational or medical expenses. For gifts over $16,000 (or $32,000 for a married couple) that do not meet any of the other exceptions, the person giving the gift will have to file a gift tax return (IRS Form 709). Once you die, your 709 Forms are added up and the total amount of gifts in excess of the annual exclusion amount are added back into your estate, increasing the size of your estate, to determine if any federal estate tax is due.

Under Washington and Idaho law, there is no gift tax. However, Washington imposes a tax on the estates of individuals who are residents of the state when they die or who own property (typically real estate) in Washington when they die. A Washington estate tax return must be filed by a person with an interest in property located in Washington if the estate exceeds $2.193 million. Unlike the federal estate tax exemption, the Washington estate tax exemption cannot be transferred between spouses, meaning you cannot combine both spouses’ Washington exemption to avoid paying Washington estate tax.

Due to the high estate tax exemption amounts under federal and Washington law, you may be questioning the value of making lifetime gifts. However, there are reasons to gift property even if your estate does not exceed the estate tax exemption amounts. To begin with, the current estate tax exemption amounts may be reduced in the future. The current federal estate tax exemption sunsets in 2025, and the exemption amount will drop back down to the prior law’s $5 million cap, which when adjusted for inflation is expected to be $6.2 million. The legislation for President Biden’s Build Back Better Act initially proposed to accelerate the sunset provision, although the present framework of the Act has eliminated this change. Further, gifting property to others may help you transfer tax obligations to your children or grandchildren who may be in a lower tax bracket, reduce your estate so that your inheritors can avoid probate (for Washington estates that do not exceed $100,000 and don't include any real estate), and shield property from medical assistance claims.

There are a number of potential pitfalls to making lifetime gifts. When you gift property, the adjusted basis (original cost) of the property remains the same (“carry over basis”). If the recipient sells the property and it has appreciated in value, the recipient will generally pay capital gains tax on the difference between the sale price and your adjusted basis. However, inherited property receives a “stepped up” basis, which is the market value of the property on your date of death. If the value of your estate falls under the estate tax exemption amounts, you may be better off not making gifts of low-basis property to family members while you are alive.

Another potential concern may arise if you end up requiring medical assistance. In Washington, there is a 60-month disclosure period on all uncompensated transfers, including gifts (“Medicaid look-back period”). This means that if you give property for less than fair market value within five years of applying for Medicaid, you could incur a penalty period of Medicaid ineligibility. This transfer penalty applies even if the gift is less than the federal annual exclusion amount.

If you're in a giving mood, you may want to consider gifting property to aid your estate planning goals. As long as you are aware of the potential disadvantages with lifetime giving and you can afford to reduce the value of your estate without impoverishing yourself, gifting property may be a helpful estate planning tool.

If we can help answer any gifting or other estate planning questions, please give us a call at 253.858.5434 to set up an appointment today.

There are many legal, financial, and practical aspects to be considered when you decide to sell your business.

Let's say you're an entrepreneur who has started and built your own business, or maybe you’ve inherited a business. Perhaps the business is booming, and competitors are interested in acquiring it. Or perhaps you’ve decided it’s time to retire, or simply to move on to other ventures. If you’ve decided to sell your business, there are many legal, financial, and practical aspects to be considered. What exactly are you selling? How can you be sure, once you get an offer, that you are getting the full value for your business? How will you be paid, and will you be financing the deal?

We can help you with selling your business and advise you on how to proceed. You’ve worked hard to build an enterprise, and likely invested a significant portion of your life and significant personal resources. Make sure you receive the full value of what your business is worth. We are based in Gig Harbor but we represent throughout Washington and Idaho.

Before you start the process of selling your business, it’s important to have experienced legal eyes review your current situation. Selling your business without sufficient attention to certain details could leave you on the hook for significant liability should anything go wrong in the transfer or if anything goes wrong for the buyer in the future. For instance, it’s important to carefully review your contracts. You likely have many contracts with vendors, clients, and employees. The contracts may have clauses that negate or change the terms of the contract in the event of any change in ownership. Some contracts may even be written as an agreement between you and the other party, instead of between the other party and the business.

A smart buyer will engage in due diligence before purchasing your business. It’s very important to have your ducks in a row. If you start a sale only to have the buyer pull out because they discovered something negative in the due diligence process, not only have you lost critical time and wasted effort, but you could wind up with a bad reputation that could hurt opportunities for other sales.

Your business likely consists of many elements in addition to the legal entity - the LLC, corporation, partnership, or other legal structure. There’s the intellectual property - your brand. There’s the equipment and inventory. There’s the real estate. There’s the list of clients and customers that make up how revenue comes in.

When you’re selling your business, it’s very important to understand what exactly you are selling. You may intend to sell only the legal entity and the intellectual property, but your buyer may be expecting much more. You could be expecting to retain significant control of the business after the sale, while the buyer is expecting you to go. Any misunderstanding could lead to lawsuits and expensive litigation.

One way to clear this up in advance is a well-drafted letter of intent (LOI). A LOI that fully covers your bases can make sure that every element is clear between the seller and the buyer. We can understand your goals and desires in selling your business, and help draft a letter of intent that correctly conveys those wishes.

With the many assets and elements that make up your business, it can be difficult to ascertain a price that truly reflects the value of your company. We can assist you in discovering the true value of your business. A person may offer an amount for your business, but that offer can mean different things. For instance, how will this person pay you? Many deals for businesses are not in cash. Will you be financing a portion of the deal? If so, what kind of control will you have over the company, and what kind of liability will you be on the hook for? We will make sure the right questions are asked, and we can help you fully understand the ramifications of the many decisions you will have to make.

When selling your business, it’s critical to be prepared, and, once the process begins, to fully understand the consequences, both positive and negative, for every choice you make. We can advise you through the sale of your company. To schedule a consultation, call us at 253.858.5434 today.

You might think a Revocable Living Trust is only for rich people or that they're hard to create. But they can be a perfect estate planning tool for many clients.

The whole concept of a Revocable Living Trust has a certain mystique. You might think they're only for very wealthy people, or that they're a lot more difficult to create than a simple Will. But they can be a perfect estate planning tool for others.

Revocable Living Trusts come with both pros and cons, from avoiding probate to the costs associated with setting one up. Deciding if one is right for you can depend on your personal concerns and circumstances.

ADVANTAGES OF A REVOCABLE LIVING TRUST.

(1) Avoid Probate. Assets held in a Trust avoid probate because the Trust itself doesn't die with its creator. The Trust remains up and running after the death of its Trustor, and it can transfer its property to anyone the Trustor has provided for in the Trust's formation documents, according to the Trustor's own terms. There's no need for court oversight or involvement.

Probate avoidance is probably the greatest advantage of a Revocable Living Trust. It can be a particularly important consideration if you own real estate in more than one state because your loved ones would be faced with two or more probate proceedings in this case if you just leave a Will. Each property would have to be probated where it's located.

A Revocable Living Trust can also give your loved ones almost immediate access to cash during a difficult time. Your loved ones are typically unable to gain access to your bank account until a probate estate has been officially opened. Ask yourself how they'll pay for funeral costs and other necessary expenses until this time. Opening a probate estate can take several weeks.

(2) Avoid Guardianship or Conservatorship. Revocable Living Trusts aren't just about death. They can allow your loved ones to avoid both a costly court-supervised guardianship if you become disabled as well as a costly court-supervised probate proceeding after you die. Your loved ones and your property would be subject to the restrictive rules of guardianship or conservatorship if you should become incapacitated. Forming a Revocable Living Trust involves naming a successor Trustee, someone to step in and manage the Trust for you if a time comes when you're no longer able to tend to your personal affairs yourself.7

Your successor Trustee can take control of your Trust assets without the interference of the court after following your trust's provisions for determining your incapacity.

(3) Keep Things Private. Probate is a public proceeding. Anyone can go to the courthouse and take a look at each and every document filed there, including your Will. Strangers can even look up court dockets and filings online in some states. Anyone can see the extent of what you owned to leave to others, and they can find out who got what when probate is opened and your Will is placed with the court. Trust documents are never filed with a court, so they don't become a public record.

DISADVANTAGES OF A REVOCABLE LIVING TRUST.

(1) Funding a Trust Is Expensive...And a Pain. It generally costs more time and money to set up and fund a Revocable Living Trust than to simply write a Will—as much as three times more, at least initially. But in actuality, the cost can end up being pretty comparable because probate costs money, too. That expense would have to be added to the cost of writing a Will for a fair comparison.

You must create new deeds and other documents to transfer ownership of your assets into the Trust after you form it. You'll have to contact your bank, investment and insurance companies, and transfer agents. You'll have to change account and stock ownership and update beneficiaries. New stock certificates must be issued. Cars and boats must be retitled.

This is the major drawback to using a Revocable Living Trust for many people, but it's not worth the time, money, and effort to create one if the Trust isn't fully funded. The type of assets you own and what must be done to get them funded into the Trust should be carefully considered before you decide to use this estate-planning tool.

(2) You'll Still Need a Will and an Estate Plan. Your Trust might only be partially funded when you die if you acquire new assets and neglect to move them into the Trust. It can be surprisingly easy to forget to transfer title to newly acquired assets to your Trust as time goes by.

You'll need a special type of Will called a "pour-over" Will to "catch" your unfunded assets in this case. The Will "pours" them into your Trust at the time of your death, as the name suggests. Your pour-over Will must be probated, but it can still be an invaluable worst-case-scenario backup tool.

Additionally, some assets can't be owned by a Trust. These include certain retirement plans and assets you might hold jointly with someone else. For example, you can't transfer ownership of your half of a house to your Trust if you own it as a joint tenant. You'll need an alternate means of moving ownership of these assets, but you can still avoid probate if you make use of beneficiary designations.

(3) Your Heirs Have Longer to Contest a Trust. Most states have specific statutes that dictate who can challenge a Will and how long they have to do so. The time period can be as little as 30 to 120 days. Contrast this with contesting a Revocable Living Trust, which until recently was a wide-open court proceeding subject only to state-specific ​statutes of limitations. These statutes are usually one to six years, but they're sometimes even longer.

Several states have begun to close this gap by enacting specific laws that severely restrict the timeframe for challenging a trust.

THE BOTTOM LINE. It's important to speak with a legal professional when you're tackling something as important as estate planning. You'll want to be completely sure that you understand all the pros and cons of your decisions. If you have questions about Revocable Living Trusts and estate planning in Washington or Idaho, give us a call at 253.858.5434 to set up an appointment today.

We Have Been Representing Nonprofit Organizations for More Than 25 Years

We have been representing nonprofit organizations for more than 25 years. If you are looking to start a nonprofit organization for charitable, educational, scientific, artistic, benevolent, religious, or other tax exempt purposes, give us a call at 253.858.5434 to find out how we can help. We proudly represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Families with special needs children must exercise extra care in making their estate plans. This is true whether their child is still a minor or now an adult.

Families with special needs children must exercise extra care in making their estate plans. This is true whether their special needs child is still a minor or now an adult, and particularly so when the child is or in the foreseeable future will be receiving needs-based public benefits such as SSI or Medicaid. While planning considerations for such a child will vary depending upon the child s age, competency, and other family considerations, the goal is always the same: parents want their estates utilized to enhance and enrich the life of their special needs child while maintaining the child's eligibility for essential public benefits programs. These goals can be met through the use of a properly prepared Special Needs Trust.

The essence of all special needs estate planning is to ensure that the portion of the parents' estate which passes to their special needs child at the time of their death is not considered an available asset, as defined by public benefit agencies. Parents must be mindful of both income and principal, as too much monthly income, as well as too much cash, can negatively impact their child's future eligibility for benefits.

PURPOSE. Special needs planning works to preserve public benefits for the disabled child while supplementing and enhancing the quality of the child's life. This type of planning is useful for many different purposes, including:

* lifetime money management for the benefit of the disabled child;

* protecting the child's eligibility for public benefits; and

* ensuring a pool of funds available for future use in the event public funding should cease or be restricted.

PLANNING OPTIONS. The options available to families in making an estate plan for a special needs child who is receiving needs-based public benefits include the following:

* Disinherit the child. This is the simplest option, but it does nothing to accomplish the essential purpose of enriching the life of the special needs child.

* Give the estate to the brothers and sisters. At the parent's death, the entirety of the estate is distributed to the child's siblings, with the understanding that they will take care of their disabled sibling. There are inherent risks with such an approach, including claims by the siblings creditors, bankruptcy, divorce, mismanagement of funds, etc. This may be appropriate when the child s potential inheritance is modest.

* Leave an inheritance to the disabled child. The outcome of this planning option will be the almost certain negative impact on the child s continued eligibility for publicly funded benefits. At the least, benefits may be reduced. In the worst case scenario, the child may be rendered ineligible for SSI and Medicaid, and with this ineligibility for assisted housing, supported employment, vocational rehabilitation, group housing, job coaching, attendant personal care aides, and transportation assistance. The key benefit is Medicaid, as this program represents the child's ability to access not only essential health care but many other public assistance programs.

* Leave any inheritance in a Special Needs Trust. This last option will be preferred by most families in their efforts to provide and ensure a positive outcome for a special needs child. By using a properly drafted and properly administered Special Needs Trust, the child will continue to qualify for public assistance programs that would otherwise be unavailable to the child, especially the means tested programs that require the child to meet strict financial eligibility criteria. A Special Needs Trust works because the assets held in the Trust are not available to the child. These types of Trusts must be discretionary Spendthrift Trusts, with strict limits on the Trustee’s ability to give money to the child. Under no circumstances can the special needs child force the Trustee to make Trust money available to the child. An additional benefit of the Special Needs Trust is that because the child is often unable to manage their own finances, the parents, in creating the Trust, will appoint a Trustee to act as the child’s money manager, and in so doing, ensure proper financial management after their death.

DURING LIFE OR AT DEATH? Families have the option of creating a Special Needs Trust at their death by incorporating a trust within a Will. This is called a testamentary trust.

The other option is for the parents to create a Special Needs Trust while alive—not surprisingly, this is often referred to as a living trust (or inter vivos trust). The advantages of the living trust include:

* the avoidance of probate;

* the creation of a Trust to which other family members can make contributions, most usually the grandparents; and

* an opportunity for a Co-Trustee to gain hands-on experience in administrating the Trust.

REVOCABLE OR IRREVOCABLE? Tax considerations come into play in the decision to make the Special Needs Trust either revocable or irrevocable. Generally speaking, the family will make the Trust revocable whenever the goals include maintaining maximum control over the Trust and the family is not concerned with income tax considerations. Correspondingly, the use of an irrevocable Trust may be appropriate when the family is concerned with income tax considerations and, if more than $1 million will be going into the Trust, possible federal estate and gift taxes.

SELECTING YOUR TRUSTEE. The Trustee will be responsible for administering your Special Needs Trust, so selecting your Trustee is one of the most important decisions your family will make in ensuring the long-term success of your Special Needs Trust. Given the natural pressures inherent in all families, someone in your family may consider the funds in the Special Needs Trust as their money, rather than the money of your special needs child. This can be a dangerous situation, especially as to your child’s continued eligibility for public benefits. For some families, it is best to consider selecting an independent, non-family member to serve as your Special Needs Trustee. The range of options includes:

* a parent, sibling or another distant relative;

* an attorney;

* a Trust company or a financial institution;

* a non-profit organization—especially one with experience in special needs; or

* Co-Trustees, usually a family member acting with a trust company.

The selection of any of these potential Trustees has both advantages and disadvantages. You should closely counsel with your lawyer before making your Trustee selection.

By working closely with your lawyer, your CPA, and your financial planner, you will develop an understanding of the options available to you and your family in making an appropriate estate plan for your special needs child. After making your wishes known and getting the appropriate documents in place, you will have taken crucial steps in assuring that this child will receive proper care when you are no longer able to provide that care yourself. If you have questions about Special Needs Trust or how we can be of service to you and your family, 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.

A Durable Power of Attorney is an estate planning tool that can make it easier for a friend or family member to manage your financial and health care decisions if you become incapacitated.

A Durable Power of Attorney is an estate planning tool that can make it easier for a trusted family member or friend to manage your financial affairs and your health care decisions if you become incapacitated, either due to age, illness, or injury.

If you created a Durable Power of Attorney years ago and haven’t looked at since the ink dried, it’s probably time to review it. As with any estate planning documents, it’s important to evaluate your DPOA periodically to ensure it’s still meeting your needs. Things change over time, and there may be good reasons to update the document.

Many people rush through creating powers of attorney without thinking through all of the potential implications of their decisions. That decision can have disastrous consequences. A recent Forbes article highlighted some of the potential dangers that can come with powers of attorney created without a lot of thought. Those dangers include the following:

1. Appointing a family member based on relationship rather than their ability to do the job effectively.

2. Naming two family members to work together as co-agents. While this can work in certain situations, consider your agents’ ability to act if one of them was traveling or otherwise inaccessible.

3. Not verifying that your power of attorney meets your financial institutions’ needs and requirements.

4. Not requiring any oversight for your agent. This can be accomplished by requiring your agent to provide periodic accountings to another trusted person.

5. A failure to understand that most powers of attorney are effective immediately when signed.

Is your power of attorney up to date? We never know when incapacity might strike, so don’t put off reviewing and updating your power of attorney. Contact us today to discuss your options and to make sure all of your estate planning documents adequately reflect your wishes and goals. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

What to Bring to Your First Meeting with Your Lawyer After an Auto Collision

If you get hurt in an auto collision, you will want to reach out for legal help to make sure that the person who caused your injuries is held responsible. While bringing all of the documentation from your collision might seem like it’s invading your privacy, you’ll want all the proof you have. The more proof you present, the stronger your case will be.

When you’re meeting with your lawyer for the first time, and you’ve never had a meeting with a lawyer for anything before, you might be nervous. You probably don’t know what you need with you, but you want to come prepared. Here’s a list of documents you should bring when you meet your lawyer:

MEDICAL RECORDS. Your medical records will be the most important documentation that you can bring with you. Not only do they prove your injury, but they also give you a starting point for the statute of limitations. Your lawyer doesn’t need your complete medical history, just the records that are relevant to your injury and treatment. If you took any photos of your injuries, especially with timestamps, you should also bring those along.

RECEIPTS AND PAYSTUBS. Your financial information might feel just as private as your medical records, but receipts and paystubs will help further prove that you deserve compensation for your costs and any lost wages. Make sure you bring your financial records of any costs you incurred from your injury or any other damages. Also bring your paystubs to show if you have missed any paychecks because your injuries kept you from working.

POLICE REPORTS. When someone else caused your injury, you should file a police report so it can be on record and investigated if necessary. A police report gives you evidence of the incident and informs your lawyer who the police believe was responsible for your injury. At the collision scene, you should have taken photos with a timestamp, so bring pictures with you if you took any.

INSURANCE INFORMATION. Whether it’s your own insurance, the liable party’s insurance, or your employer’s policy, you should bring any relevant insurance information with you for your first meeting. This way, you are prepared to give your lawyer anything regarding insurance that they might need.

WITNESS INFORMATION AND REPORTS. After a collision that results in an injury, if you are able to, you should ask any witnesses for their contact information and if they’ll give an account of the incident. This helps boost your case because witnesses can confirm your statements or help prove who is responsible.

PERSONAL ACCOUNT AND TIMELINE. Although you probably know your account of events forward and backward, it will help for you to write it down so that you can get all the facts into one narrative. Arranging everything you remember into a timeline will help you when you meet with your lawyer because you will have a reference for any questions they ask you.

GIVE US A CALL. What if you have all of your documents collected to bring to a lawyer, but you don’t have one to represent you just yet? You can trust us to get you fairly compensated and obtain justice for you. We will work tirelessly so that the liable party is held responsible for their actions and you get the compensation you deserve for your injuries. Before you bring everything in so we can review your case, reach out to us at 253.858.5434 to schedule your free initial consultation.

Blended families need extra attention during the estate planning process because the inheritance rights of stepchildren are not as clear as those of biological children.

Blended families need extra attention during the estate planning process because the inheritance rights of stepchildren are not as clear as those of biological children. One of the biggest mistakes you can make is failing to do any estate planning at all.

Passing away without a valid Will, referred to as dying "intestate," invokes your state's laws of intestate succession. These laws spell out who inherits your estate. Stepchildren do not inherit under either Washington's or Idaho's current laws of intestate succession. If you have biological children and stepchildren and you want the stepchildren to inherit from you, you will need to take decisive action and make those wishes known by executing a valid estate plan.

For your stepchild to inherit from you, you must specifically name them in your Will or Trust. If your Will or Trust simply uses a common phrase, such as “all my children”, that will not include your stepchildren. Hiring an experienced lawyer to draft this language is imperative to making sure this is done correctly. Many mistakes in drafting can be made that cause unintended consequences.

Another way to include stepchildren is to legally adopt them. Adopted children inherit from you the same way as biological children.

You can also name stepchildren as beneficiary designations on your retirement accounts or life insurance policies. This will allow them to inherit this particular asset but does not extend to other assets. A stepchild can be listed as the Transfer on Death (TOD) beneficiary for your bank accounts which will allow the bank to transfer funds to the stepchild upon your death, bypassing the probate process. To include a stepchild in real estate transfers, add them as a joint owner with right of survivorship or prepare a Transfer on Death Deed (TODD) (in Washington only). As you can see, there are many ways to provide for a stepchild, but they require planning and action.

One other very important circumstance to consider involving stepchildren and inheritances is when you do not want your property to funnel through to a stepchild, there are also actions you may need to take to prevent it. A common scenario is that a husband leaves everything to his wife upon death. The widow now owns all the assets and they have a biological child together, she has a child from a previous marriage and then she remarries and has another child from the subsequent marriage. When the wife dies a few years later, those assets then go equally to all three of her children. This may be problematic if the husband intended to provide only for his own biological child who now only gets one third of the inheritance intended. To avoid this situation, the husband should set up a Trust for the wife to benefit from the assets during her lifetime but upon her death, the assets then go to his biological child.

To discuss estate planning techniques for blended families, please contact us to set up an appointment today. You can schedule an appointment with our law firm by calling us at 253.858.5434.

Parents want what's best for their kids. Creating an estate plan allows a parent to develop a personalized plan to ensure they can provide financially and relationally for their kids.

WHY SHOULD PARENTS CREATE AN ESTATE PLAN? Parents want what's best for their children. Creating an estate plan allows a parent to develop a personalized plan to ensure that they can provide both financially and relationally for their children. A personalized estate plan can also provide structured instructions and guidance to the people that you select to care for your children after you pass. You can select a guardian to care for your children, provide instruction for their care, and provide the financial tools to the guardian to give the kind of care you wish to see given to your children in your absence.

WHAT SHOULD YOU DO TO PROPERLY PLAN FOR YOUR CHILDREN? In order to properly plan for your children, we recommend that you consult with a lawyer to guide you in creating your personalized estate plan. The estate plan may contain any of the combination of the following documents to provide for the financial and relational well-being of your children and loved ones: a Will, a Durable Power of Attorney, a Health Care Power of Attorney, Powers of Attorney for Minor Children's Health Care, a Directive to Physicians, and/or a Revocable Living Trust Agreement. You may also need to consider purchasing life insurance.

I CAN GET A FREE FORM ONLINE. WHY DO I NEED A LAWYER? We are big fans of DIY, but not when it comes to making sure your children will be taken care of if something happens to you. The online forms are just that, forms that do not take into consideration your and your family's particular circumstance. They may omit key things in your planning, may not be up to date, or may not comply with Washington law. Your children may not be safeguarded the way you intend and, unfortunately, they won’t find out until it’s too late. An experienced lawyer will guide you to make sure your customized plan for your family is in place.

WHEN SHOULD WE DO OUR ESTATE PLANNING? We recommend that you consult a lawyer and create your personalized estate plan as soon as possible. Parents scrutinize every decision they make regarding their children. What school? Which car seat? Which babysitter? Organic or is non-organic ok? With so many immediate concerns, consulting a lawyer and creating a personalized estate plan can get thrown on the back burner. However, creating a personalized estate plan should not be neglected. An estate plan ultimately ensures that should unexpected events occur to render you incapacitated or worse, that your children and loved ones will still have the benefit of your financial and personal care plan for them.

WHAT ARE SOME SPECIFIC ESTATE PLANNING CONSIDERATIONS FOR OUR MINOR CHILDREN?

When creating an estate plan for parents of minor children, we consider:

* Naming a guardian to provide care to the minor children so the courts don't choose for you;

* Setting up Trust for the children with rules and guidance for the Trustee on how the money is to be spent for education, care, maintenance, and activities (sports, hobbies etc.);

* If any of the children have special medical or developmental needs, we recommend creating a Special Needs Trust to provide the financial support necessary for that child;

* Powers of Attorney for Minor Children's Health Care to ensure your children are cared for by those you choose;

* We discuss and counsel clients on selecting an agent for your Durable Power of Attorney and Health Care Power of Attorney; and

* We discuss and counsel clients on your Directives to Physicians so your wishes are clear.

SHOULD WE HAVE A WILL OR A REVOCABLE LIVING TRUST? Everyone needs a Will, but only some people need a Revocable Living Trust. With a Will, you can leave property to your children and only in a Will can you name a guardian for your children. A Will is also necessary to capture any property that did not make it into the Trust. There are a variety of Trusts with different purposes. Generally speaking, if you want to keep your assets private, avoid the hasslesof probate, if you do not want your children (minor or adult!) or the guardian of your minor children to have access to all funds at once, if you own real estate in more than one state, or if you are living in a blended family situation and to provide additional protections for the children of previous relationships, with a Trust you can dictate when and under what circumstances funds should be distributed to your beneficiaries over time. If you are considering a Trust in planning for your family, it is best to consult a lawyer. During the planning process, we will discuss your goals so that a Trust can be customized to achieve your planning and financial objectives.

WE HAVE WILLS, WHY DO WE NEED A POWER OF ATTORNEY?

A Will only comes into effect after you die. A Durable Power of Attorney and a Health Care Power of Attorney allow you to appoint a person with authority to make financial or health care decision for you should you become incapacitated and unable to make those decisions for yourself.

Contact us or give us a call today at 253.858.5434 to set up an appointment to learn how estate planning can protect your family. We proudly represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Hiring a lawyer is an essential part of building your business and achieving success. We help new and budding businesses avoid legal pitfalls

Hiring a lawyer is an essential part of building your business and achieving success. They help new and budding businesses avoid the legal pitfalls that inexperienced entrepreneurs may be faced with. Hiring a lawyer early on in the process can help you keep your small business from facing a lawsuit or getting into trouble with the government for not filing the correct documentation.

WHAT CAN A LAWYER DO? Corporate governance is a critical part of some companies. Not doing your due diligence in this area can cause serious legal repercussions down the line. Here is a list of things a lawyer can do to help new business owners avoid legal trouble:

* In general, your lawyer can ensure your company follows the law properly, relieving you of possible personal liability in the future.

* They can guide entrepreneurs through the process of sales or acquisitions, help draft letters of intent, draft contracts, verify trademarks, and review contracts and agreements with buyers and sellers.

* Lawyers can also help you settle litigation. If former employees elect to sue for any reason, such as for discrimination, you may not be equipped to handle the suit on your own. Your lawyer can help you resolve a situation like this. Additionally, they can help you prepare policies in advance to prevent future litigation from occurring or escalating.

* They can help you set up labor rules in advance to ensure that none of your employees face discrimination.

* They can also help set up proper sexual harassment prevention training to help avoid disastrous suits down the road.

* Your lawyer can offer legal counsel and help you avoid common small business pitfalls that can eventually cost you money.

HIRING A LAWYER. Before hiring a lawyer, it's important to evaluate your legal needs. You should aim to hire a lawyer whose background and expertise are compatible with your business goals. If you are considering meeting with a lawyer, here are some questions you can ask them to see if they are a good fit for you:

* How long have you been practicing law?

* Do you work with many small businesses in our industry?

* How can you help us grow and develop our business?

* What can you do that we can't do for ourselves?

* How often can we turn to you for legal counsel?

* Are there any areas of our small business that you are unfamiliar with?

Hiring a lawyer can be a great choice for your business. As with anything else, it's important to ensure that you're making the most of your investment by hiring the appropriate lawyer for your needs. If you aren't sure what type of lawyer you should work with, schedule a consultation with a few different lawyers in your area to see how they can assist you. If we can be of service, please feel free to give us a call at 253.858.5434 to set up an appointment today.

Estate planning for foreign nationals living, working, and owning property in the United States.

It may come as a surprise to foreign nationals working in the United States that they should consider drafting a Will and other estate planning documents here in the U.S. This is especially important for anyone who has a bank account, home, or brokerage account here—and those whose children are living with them in this country. They may think, “But I have a Will in my home country. Why would I need one here?” Actually, they might not. Washington generally recognizes a “foreign” Will (one created in another state or country) if that Will is considered valid in the home country. If they have a foreign Will, they should have the original Will here with them. And if a foreign national has no Will at all and plans to spend some time in Washington, they might want to consider drafting a Will while here.

For a foreign national who dies owning Washington personal property of a certain value, or Washington real estate, opening a probate estate in Washington usually is necessary to distribute that property to the proper heirs or beneficiaries. Additionally, if the foreign national dies while in Washington, the person’s home country may require that probate (the legal process to establish the validity of a Will and to appoint someone to manage a deceased person’s estate) be initiated in Washington because that is where they most recently lived.

If you are a foreign national in Washington for more than a few weeks, having a Will while here (whether drafted here or in the home country) makes it more likely that your wishes will be known and carried out if you were to die here. Regarding such assets as institutional financial accounts—if beneficiaries are designated properly on these assets, those beneficiary designations usually will be recognized. However, if no beneficiaries are named, or a named beneficiary is no longer living, the asset probably would go to the person’s estate. At that point, the financial institution may require that probate be opened for beneficiaries to access the money.

Having a Will while here is particularly important for a foreign national in Washington with minor children also here. If that person dies without a Will that designates a guardian for the children after their death, and that person and the children have no relatives in Washington, the children might end up in foster care, at least temporarily until a legal guardian is appointed. If, on the other hand, an easily located Will exists that designates a guardian, the guardian could be contacted more quickly.

In addition to having a valid Will in this state, foreign nationals are encouraged to have several other local estate planning documents, including Durable Powers of Attorney, Health Care Powers of Attorney, and Directives to Physicians.

A Durable Power of Attorney names an individual or professional fiduciary to make decisions and have the powers outlined in the document on behalf of the document’s creator. Often, the DPOA is “springing,” meaning that it becomes effective only after some event happens. If no Health Care Power of Attorney for an incapacitated individual exists, health care organizations generally turn to the next of kin, such as a spouse, children, parents or siblings, to make critical decisions.

However, sometimes these closest relatives are not the ones the person receiving care would choose. A Health Care Power of Attorney attempts to ensure that these decisions are being made by someone specifically chosen by the incapacitated person prior to incapacity.

Finally, a Directive to Physicians outlines a person’s wishes for end-of-life health care when they is unable to make their own decisions. It allows individuals to decide ahead of time on the nutrition, hydration, pain medications, and other interventions they would want at the end of life if they are unable to answer those questions for themselves.

Bottom line? Foreign nationals living in the U.S. who want to ensure, as much as possible, that they are in control of what happens to them and their assets if they become incapacitated or die while living here should consider having all of these estate planning documents. If you have questions about estate planning, give us a call at 253.858.5434 to set up an appointment today.

An estate plan affects what happens to your property upon your death, tax consequences, as well as personal issues such as who will serve as guardian of your kids in your absence.

Estate planning is an important part of preparing for the future. Your estate plan will affect what will happen to your property upon your death, tax consequences at both the federal and state level, as well as important personal issues such as who would serve as guardian of your minor children in your absence. It is also important during your lifetime: Who would make financial and health care decisions for you in the event you become incapacitated and are not able to manage your own affairs or make decisions for yourself because of age, illness, or injury? We have experience working with individuals with varied assets, tax issues, and individual needs arising from unique personal or family circumstances.

At our law firm, our approach to estate planning is to keep things as simple as possible while achieving your goals and meeting your needs. We believe that you should be able to understand your estate plan. We will work with your accountant, insurance agent, investment advisors, and other financial professionals to help you create a comprehensive estate plan.

We have extensive experience with:

* Wills

* Trusts—both living trusts and testamentary trusts

* Powers of attorney

* Living wills/directives to physicians

* Gifting and tax planning

* Special needs trusts

The starting point for estate planning is getting to know you and your goals. Individual circumstances—both personal and financial—need to be considered in recommending an estate plan for you. One size does not fit all. You can trust that we will get to know you and will make the right recommendations based on the specific needs of you and your family.

Make sure you and your family are protected. Have a plan for the future. Contact us at 253.858.5434 today to learn more about our estate planning services. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Damage to your body, mental health, and finances can be severe when you've been hit by a drunk driver. Victims of drunk drivers do have legal options they can pursue.

In 2020, there were 180 drug and/or alcohol related fatal car crashes in Washington. This statistic does not include all the people who were injured by drunk drivers but not killed—left to suffer from serious, life-altering impacts. The impact of drunk driving collision in Washington is enormous. The damage to your body, your mental health, and your finances is severe. You may find yourself wondering, “If I was hit by a drunk driver, can I sue?” Fortunately, victims in your position often do have legal options they can pursue.

DRUNK DRIVING UNDER WASHINGTON LAW. Washington law clearly forbids driving while under the influence. More specifically, you cannot drive or be in control of any motor vehicle if your blood alcohol concentration (BAC) is .08% or higher within two hours after driving (RCW 46.61.502). In some cases, it is also possible to demonstrate that a person was under the influence with a BAC that is under .08%. In most situations, breaking Washington’s drunk driving law is a gross misdemeanor. This is punishable by the following:

* Up to 364 days in county jail

* Up to $5,000 in fines

* Use of an ignition interlock device

If the drunk driver who hit you has certain prior offenses, they may be charged with a Class B felony. That could land them in prison for as long as 10 years with fines of up to $20,000.

Of course, these criminal punishments do not directly help those who have been hit by a drunk driver. But Washington law does have provisions in place to allow you to pursue compensation for your injuries and damages after a drunk driving collision you did not cause.

According to Washington law, those who have been harmed by someone who was acting with negligence can file a lawsuit to recover compensation. Driving under the influence is a widely known form of negligence, so you likely have a viable personal injury case if you were hit by a drunk driver in Washington.

WHAT TO DO AFTER BEING HIT BY A DRUNK DRIVER. After being hit by a drunk driver, there are a few steps you should take right away to ensure the collision is properly handled. These include:

* Call 911. The first step is to call 911. You’ll need to file a report with the police department immediately following the incident. The report will document what happened, including witness statements and pictures from the scene. This report will be an essential piece of evidence should you pursue legal action.

* Seek Medical Attention. A medical professional may appear on site of the crash depending on the extent of injuries for any party involved. If a medical professional does not come to the scene, you’ll want to visit your doctor as soon as possible. They’ll document any injuries and prescribe treatment as necessary. This documentation and treatment plan may assist you in your personal injury claim.

* Take Pictures. Though the officers on scene will likely take photos of the damage, you’ll want to document your own as well. Photograph all of the damage to your vehicle as well as any physical injuries from the crash. File these pictures in a safe location for further evidence at a later date.

* Contact a Lawyer. A lawyer can assist you in building a case and ensuring that you receive the settlement you’re entitled to. We are ready to help you pursue your personal injury claim and get you the maximum amount possible.

HOW MUCH CAN YOU GET FROM A DRUNK DRIVING LAWSUIT? The average drunk driver settlement amount is difficult to pin down because so many factors can influence how much compensation you receive. For example, did you suffer serious injuries? If you were paralyzed in the collision or you are the surviving family member of someone who was killed in a drunk driving crash, your settlement is likely to be much higher than that of someone who only suffered vehicle damage. With that said, settlements can vary widely.

FACTORS THAT IMPACT SETTLEMENT AMOUNTS. One major factor that can profoundly impact your settlement amount is whether you hire a lawyer. A lawyer can boost your chance of receiving a reasonable settlement and maximizing the amount that you will receive.

A few other factors that may influence your settlement amount include:

* Length of recovery from injuries. Track your recovery journey and let your lawyer know how long it took to fully recover from the accident.

* Cost of medical expenses (current and future). You may be entitled to additional money that covers the cost of your current and any potential medical expenses related to the collision. File medical bills away and provide copies to your lawyer.

* Amount of lost earnings. If your injuries kept you from work, you may be entitled to repayment for the earnings you lost during your recovery.

* Emotional pain and mental anguish caused by a collision. Car crashes can cause more than just physical pain. Discuss the emotional distress that may have occurred from the collision with your lawyer.

LEGAL OPTIONS AFTER BEING HIT BY A DRUNK DRIVER. You may be wondering, “If I was hit by a drunk driver, can I sue?” When seeking a personal injury settlement in Washington, you have a few legal options to consider:

1. Other Driver’s Insurance. If you’re asking yourself, “How do I file against someone for damaging my vehicle under the influence?” or “How will the drunk driver afford to pay me for my damages?”, the answer to both questions is simple: insurance. More specifically, the intoxicated driver’s insurance policy should cover your vehicle damage and medical bills. Under RCW 46.29.090, drivers must carry insurance with certain policy minimums. That means that the other driver’s insurance company should cover your individual injuries at least up to $25,000 and your damaged vehicle up to $10,000. The fact that they *should* cover you does not mean that they *will* cover you. Insurance companies work hard to take advantage of injury victims—even when those injuries are caused by drunk drivers.

Insurers will try to offer lowball settlement amounts that won’t cover your damages, twist your words to use against you, or make you wait so long that you are desperate to take any low offer they make later on. This is why it can be helpful to hire a lawyer to help you pursue your claim. Your lawyer will not allow the insurers to push you around or mistreat you.

2. Your Own Insurance. Sometimes, drivers break state law by driving without proper insurance. If they get drunk and cause collision that injures you, you do not have the option of pursuing compensation from their insurer because they don’t have insurance. But there may be another insurance-related option. If your policy has uninsured or underinsured motorist (UIM) coverage, you may be able to pursue compensation for your injuries and property damage through your own policy. Not all policies have this coverage, however. And insurers are not always open about the coverage you have available to you, so it is important to ask and review your policy documents carefully.

3. Personal Injury Lawsuit. Many people who have been hit by drunk drivers file a personal injury lawsuit against the driver to recover compensation. A personal injury claim can compensate you for almost any harm you suffered as a result of the crash, so the compensation you receive may be higher than what you would get for an insurance claim. Here are some of the damages you may be able to recover in your lawsuit:

* Medical bills

* Property damage

* Lost income

* Pain and suffering

* Scarring and disfigurement

* Reduced quality of life

Keep in mind that you only have three years to file a personal injury claim in Washington (in Idaho, it's only two years). Also, the drunk driver is likely to have their own attorney and resist compensating you fairly. A trusted lawyer can help you file your lawsuit on time, fight dishonest tactics from the defendant, and maximize the value of your settlement.

If you or a loved one has been injured by a drunk driver, give us a call at 253.858.5434 to find out how we can help!