Did you watch "Modern Family"? Blended families can make for some funny situations on TV, but in real life, they aren't always so close and a well-thought-out estate plan can alleviate some issues.

Did you watch "Modern Family"? It was such a good show! TV dad Jay Pritchett has two grown children and four grandchildren. He also has a second wife, Gloria, who's close to the same age as his kids. He and Gloria have a son of their own, and Jay is also raising a stepson from Gloria's previous marriage.

Jay is at the center of a complicated blended family, which makes for some funny situations on TV. Real life blended families, however, aren't always close and don't always share the same goals and values. When a parent passes away or becomes incapacitated, there's potential for conflict between the surviving spouse and children, and one or all of the parties may feel left out.

The key to minimizing these issues is a well-thought-out estate plan. Here are some strategies that blended families can use.

SETTING UP A TRUST. Married people commonly leave everything to each other in their Wills. If you die first, your spouse will own all your property outright. The issue for blended families is that your husband or wife may, over time, decide not to leave anything to your children from a previous relationship. It's easy to imagine Gloria remarrying, living 40 more years, and leaving her estate to her husband and two children—not to Jay's adult kids and grandkids whom she hasn't seen in decades.

One way to provide for your spouse without leaving out your kids is to place some or all of your money and property in a Trust that your spouse can use during their lifetime. Then, when your spouse dies, everything in the Trust can go to your children.

You must choose someone to be Trustee of the Trust after you die. Your spouse and kids may have competing goals that will lead to family conflict. Many experts recommend picking a neutral Trustee, such as a bank or professional fiduciary.

If you set up a trust for a young spouse like Gloria, your kids probably won't receive anything for many years and, unless your estate is quite large, there may be nothing left. You may want to designate your children as beneficiaries of your retirement accounts or life insurance policies to give them an immediate inheritance.

RETIREMENT ACCOUNTS AND LIFE INSURANCE. Life insurance is another way to provide for a complex web of family members. You can, for example, leave most of your money and property to your spouse, but provide for your children by taking out a life insurance policy that names them as the beneficiaries.

Life insurance and retirement accounts like IRAs and 401(k)s aren't passed down through your Will, but instead go directly to the primary beneficiary you have named—even if your Will says otherwise. If you're divorced, make sure you've updated your beneficiaries so your retirement savings don't end up in the hands of your ex.

LIVING WILLS AND POWERS OF ATTORNEY. As part of any complete estate plan, you should have a document explaining your wishes if you become terminally ill (which is called a Directive to Physicians and commonly known as a "Living Will"), a Healthcare Power of Attorney designating someone to make medical decisions on your behalf if you are unable to do so, and a Durable Power of Attorney naming someone to handle your financial affairs if and when you no longer can.

People often name their spouse, but in a blended family this sometimes leads to hurt feelings and arguments over what mom or dad would have wanted. Whether your family is blended or not, it's always a good idea to choose someone who is level-headed and able to get along with other family members. And, to prevent surprises, let everyone know about your plans and wishes in advance.

WHAT IF I DON'T DO ANYTHING? If you don't make any estate plan, the money and property that would ordinarily be handed down through your Will will be divided according to the state's intestacy laws. This means that you won't have any say over how your property is split among your spouse and your children. And it's likely that your stepchildren won't inherit anything.

If your family looks more like “Modern Family" than “Leave It to Beaver," then a blended family estate plan can provide for both your spouse and your children, while also minimizing opportunities for conflict and stress after you're gone. If you are in need of legal advice and representation regarding your estate plan, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

It's important to be honest with your lawyer and to cooperate in your legal case. Here are 5 things your lawyer should know during your personal injury case.

Working with a lawyer can be intimidating, but it doesn't have to be. A good lawyer will make you feel comfortable and respected. The attorney-client relationship is important. It means that each party should be honest with the other, and work to share all necessary details of a case together. If you are honest with your lawyer and tell them everything they need to know, that is more information they can use to make informed decision during the case process - which benefits everyone involved. Remember, part of the attorney-client privilege is confidentiality. Anything confidential you tell your lawyer is protected, and they cannot share it with anyone.

Here are five things that your lawyer should know during your personal injury case. These are all things that can affect a lawyer's strategy during the personal injury claims process, and therefore should be discussed as soon as possible.

(1) Tell your lawyer about any previous injuries you've suffered. An insurance adjuster attempting to deny the claim might say that your current injuries are related to past injuries or incidents, not the most recent incident, so your lawyer needs to be able to dispute this.

(2) Tell your lawyer about your criminal history. Usually, any misdemeanors or felonies will not affect your case (unless they are related to driving) but they could come up during trial, as insurance company lawyers run background checks, and you need your lawyer to have all the information that opposing counsel has in order to be prepared.

(3) Tell your lawyer if you have filed for bankruptcy. If you file during your personal injury case, your settlement could become part of the bankruptcy estate (i.e. you won't get the money, your creditors will). But if you tell your lawyer, they can work with your bankruptcy lawyer to hopefully secure a portion for you.

(4) Tell your lawyer if you have filed or are about to file for divorce. If your spouse was supporting you after your injury, for example, they might be entitled to part of the damages you recover. In which case, the lawyer can ensure that they also receive fair compensation.

(5) Tell your lawyer if you have suffered any injuries SINCE your collision. Opposing counsel might try to claim that you are attempting to secure compensation for injuries unrelated to the present claim you have filed. In which case, your lawyer will need to be able to dispute this.

Working with a lawyer can be extremely helpful during a personal injury case, because the claims process can be complicated. But a lawyer can only do so much without the full willing cooperation of the client. If you have a personal injury case, be sure to keep your lawyer updated as much as possible.

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.

Divorce can be overwhelming. There are a lot of decisions to make and seemingly endless paperwork to get done - including updating your estate plan.

Divorce can be overwhelming, as anyone who has gone through it knows. Once the decision to go separate ways has been made, there are more decisions and seemingly endless paperwork—separating and retitling assets, selling or refinancing your home or relocating to a new one, custody issues if there are minor children, and college expenses for older children. These tasks and more must be completed to be able to move on with your lives. Often overlooked, but just as important, are changes that need to be made in your estate plan. Most people would agree that their former spouse is the last person they want to inherit their assets when they die—or to have that person make life and death decisions for them. But that is exactly what can happen if these documents are not updated. While some states (like Washington) do have provisions designed to keep a former spouse from inheriting from you, they vary greatly by state and they do not apply to all of your assets. You should not rely on the state laws alone, as laws change and, depending on your situation, they may not apply to you. The only way to be sure your assets will go to those you want to have them is to update your estate plan—and the sooner the better.

BENEFICIARY DESIGNATIONS. Assets that let you name a beneficiary (life insurance policies, employer retirement plans, IRAs, annuities, health savings accounts, investment accounts, bank accounts, etc.) are not controlled by a Will or Trust. Instead, they will be paid directly to the person you have listed as your beneficiary, unless that person is deceased, a minor, or incapacitated when you die (in which case, a court may step in). You probably named your spouse as beneficiary when you were married, so depending on what state you live in, you will need to change that unless you agree otherwise in your divorce agreement. Usually all you need to do is request the appropriate form and list a new beneficiary. However, naming the right beneficiary is critical.

IF YOU HAVE CHILDREN. If you name your children as beneficiaries and they are minors when you die, a court-supervised guardianship must be established for them until they reach 18—at which time they will receive the entire inheritance. At that age, they may decide to spend the inheritance on an expensive sports car and fun times instead of on their college education. The other parent (your former spouse) could be named by the court to manage the funds while your children remain minors.

Naming another individual (for example, your parent or sibling) as beneficiary with the understanding they will use the money to care for your children until they are older is also risky. You have no guarantee they will follow your instructions, they may be tempted to use the money for their own needs, and the money would be exposed to their own creditors. Depending on the value of the assets, it may also cause the named individual to have negative gift tax consequences.

Naming a Trust as the beneficiary instead and selecting your own Trustee (which may, indeed, be your parent or sibling or a friend) is a much better choice. A Trustee can be held liable if they misuse the Trust assets. You can keep your former spouse from having access, and you can control when your children will inherit. Money that stays in the Trust is protected from irresponsible spending, creditors, and even spouses.

RETIREMENT ACCOUNTS. Naming the right beneficiary is especially important for these accounts because of the tax consequences and the potential for long-term tax-deferred growth. After you die, the retirement account has to be distributed to the beneficiary within five or ten years or, if the beneficiary qualifies for special treatment, the account can be distributed over the beneficiary’s lifetime. This is a very complicated field of tax law and it is important that you consult an attorney before you make any decisions regarding the beneficiary of your retirement accounts.

YOUR WILL AND REVOCABLE LIVING TRUST. If you do not update your existing Will or Trust, your former spouse may inherit your assets. If they have remarried or remarry in the future, your assets could end up with the new spouse and their children—completely disinheriting your own children or family! If you provide support to your parents or others, be sure to include them in your estate plan.

If you have minor children, you need to name a guardian for them in your Will. (Even if you have a Revocable Living Trust, a simple Will is required to name a guardian and to direct any forgotten assets into your Trust.) Upon the death of one parent, the surviving parent will usually become the sole guardian. But if your former spouse has also died, had their parental rights terminated, or becomes an unfit parent, the court would have to appoint a guardian and would appreciate knowing your wishes.

HEALTH CARE POWERS OF ATTORNEY AND DIRECTIVES TO PHYSICIANS. These are medical documents that let you name someone to make health care decisions for you if you are unable to make them yourself. Most married couples name each other. But now that you are divorced, you probably do not want your ex to make life and death decisions for you. You can name a parent, sibling, close friend, or an adult child.

FINANCIAL POWERS OF ATTORNEY. Again, most married couples give each other power of attorney so that one can manage the other’s financial affairs without interruption. These powers are often quite broad, giving this person the ability to buy and sell real estate, open and close financial accounts, change beneficiary designations, collect government benefits, etc. Instead of your former spouse, you can name a parent, sibling, close friend, or adult child.

YOU NEED LEGAL ADVICE. If you have recently gone through a divorce, you may feel you have had enough of lawyers for a while. But you need an experienced lawyer more now to help you with updating your estate plan than you did when you were married. Do not procrastinate on this. Make sure you protect yourself, your children, and others who depend on you. If you have a complicated divorce agreement, it is especially important that you first consult an estate planning attorney before taking any actions over your assets. Not doing so could mean making a costly mistake where you violate the divorce agreement and possibly lose control over some of your property.

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.

We help companies and entrepreneurs manage the contracts that serve as the backbone of their business. We help with contract drafting, negotiations, and contract review services.

We help companies and entrepreneurs manage the contracts that serve as the backbone of their business. Lawyers are critical to making sure our clients stay protected and aren’t put into any relationships that may cause unnecessary risk for their business. We may help with contract drafting, negotiations, and contract review services. If you’re a small business owner and you haven’t had to deal with a contract yet, the day will come when you must do so, and you’ll want an experienced lawyer on your side when it does.

COMMON TYPES OF BUSINESS CONTRACTS. Not only do lawyers make the process of creating contracts and reviewing them easier, but we also offer unparalleled peace of mind when it comes to making business agreements. Here are some common types of contracts that you can count on us to help with:

SERVICE CONTRACTS. Service contracts cover agreements between a you and your customer. If you need help with a form contract to send to customers, we can help.

INVESTMENT CONTRACTS. Investment contracts govern the agreements between you and the people that give you money to run your business. These relationships are essential to the success of your business, so you need to be sure that the contract is mutually beneficial. We can help you create, audit, and even modify existing terms of a contract for the best outcome for all involved parties.

PARTNERSHIP AGREEMENTS. Partnership agreements are the perfect way to enter business with a fellow entrepreneur. However, things can get messy if the roles and responsibilities of each member of the partnership are not set out ahead of time. Taking advantage of a lawyer's advice can help your business run more smoothly by making sure all this information is clearly stated in the contract.

We can also help with:

LLC agreements

Shareholder Agreements

Commercial Lease Agreements - If you need office space, you’re going to need to enter into a commercial lease agreement . Sounds simple, right? Unfortunately, the terms of a commercial lease agreement are wildly different than the rules you may be familiar with from residential versions. We recommend that you get legal representation to help you with commercial lease agreements. The terms involved can get complicated and can end up turning out badly for you without the right guidance.

CONFIDENTIALITY AGREEMENTS. Confidentiality agreements are crucial to many business operations, especially when dealing with proprietary information. We make sure all the bases are covered on these agreements, so you don’t have to worry about your trade secrets getting out.

EMPLOYMENT CONTRACTS. When you bring new employees on board with your company, it’s always a good idea to be sure the right expectations are set from the beginning. Creating an employment contract or employee handbook is a great way to set expectations and create terms and conditions surrounding employment.

If you’re an entrepreneur who uses business contracts, you need an expert in your corner to help you create the best documents for your business. Working with a professional fosters positive business relationships which will help lead your business into success in the future. If we can be of assistance 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.

We create comprehensive estate plans to help individuals safeguard their assets and plan for their future. Whether you need a simple Will, Power of Attorney, or more complex estate plan, we can help.

Planning for your future is a critical element of maintaining financial security and keeping your affairs in order. We create comprehensive estate plans to help individuals safeguard their assets and plan for their future. Whether you need a simple Will, Power of Attorney, or more complex estate plan, we can help. We normally provide estate planning representation on a flat fee basis, with fees beginning as low as $400 for a basic Will. Give us a call and we'll send you our current estate planning fee schedule.

WILLS. A centerpiece of all estate plans is the creation and execution of a Will. In order to be validly executed, the person making the Will must have testamentary capacity and must sign the Will in the presence of two competent witnesses. The witnesses must also sign the document. Wills allow individuals to pass their property on their death to beneficiaries in the manner of their choosing and avoids the state's default rules governing intestate succession. Wills can also be used to set up Trusts to help minimize estate tax and other tax liabilities or to manage assets for minor or special needs beneficiaries.

REVOCABLE LIVING TRUSTS. Many people choose to use a Revocable Living Trust ("RLT") as their primary estate planning instrument. With an RLT, you can transfer your assets to your beneficiaries without a probate and without court involvement in your estate’s affairs.

COMMUNITY PROPERTY AGREEMENTS. Community Property Agreements can be used in conjunction with a Will. These instruments generally provide for the passage of all community assets from one spouse to another at death. Community Property Agreements can help ease the legal process surrounding the death of only one spouse, allowing for the passage of assets without probate proceedings.

DURABLE POWERS OF ATTORNEY. The Durable Power of Attorney is another vital part of most estate plans. A DPOA allows the signer (“principal”) of the Power of Attorney to designate another person (the “attorney-in-fact”) to act on their behalf, should such a need arise, in both financial and health care matters. A DPOA can grant various different specific powers, either broad or more limited in scope, to the attorney-in-fact.

DIRECTIVES TO PHYSICIANS. Many individuals choose to include a Directive to Physicians in their comprehensive estate plan. Directives to Physicians are authorized and governed under the Washington Natural Death Act. These Directives allow individuals to document their desires for withholding or removal of treatment in case of terminal illness or permanent unconsciousness. These Directives can include various details on when to withhold care or stop giving care in a terminal case.

If you have questions about setting up an estate plan, give us a call at 253.858.5434 to make an appointment today.

Administration of an estate or Trust offers many opportunities for income and estate tax savings through careful post-mortem planning.

Estate administration is an essential part of our practice. Administration of a decedent's estate offers many opportunities for income and estate tax savings through careful post-mortem planning. Valuation issues are often critical in larger estates, and we have developed strong working relationships with professionals who value many different types of property. We also maintain relationships with accountants who have significant experience in both federal and state estate tax matters. We also counsel clients in matters of probate and trust administration and post-mortem planning.

Our estate planning and probate experience includes:

(1) Development and coordination of estate plans, including:

* Succession planning for multiple generations in family businesses;

* Coordination of charitable and family gifts; and

* Creation of limited liability companies and other entities to protect family ownership, ensure continuity of management and provide an efficient means of making gifts.

(2) Drafting documents to:

* Reduce, defer, and where possible, eliminate federal estate tax liability;

* Protect family assets threatened by issues such as heirs with dependency, creditor, or immaturity problems;

* Provide for beneficiaries with special needs, while protecting their entitlement to government benefits; and

* Arrange for appropriate provisions for children from multiple marriages.

(3) Probate of Wills and assistance to Personal Representatives and Trustees in carrying out their fiduciary duties related to administration and settlement of estates and Trusts.

(4) Representing estates and Trusts and their beneficiaries in negotiation and litigation of family conflicts and disputes with third parties.

(5) Coordinating post-mortem planning, including the use of disclaimers to reduce estate tax liability or shift assets within the family without additional tax cost.

(6) Preparing cohabitation, prenuptial, and post-nuptial agreements and other intra-family documents that affect clients' estates.

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 have been injured in an auto collision that was not your fault, you probably have a lot of questions on your mind. We can help answer them.

If you have been injured in an auto collision that was not your fault, you probably have a lot of questions on your mind. One thing you should know is that when you have been involved in a collision due to someone else’s negligence, you could potentially be entitled to compensation in the form of payment for physical and/or psychological injury. One major question you probably are asking is how long it could be until you reach a settlement once the legal process begins. There is no clear answer to that question. You could have a settlement in as soon as a few weeks or as long as a couple of years. It largely depends on the complexity of the case. The most relevant factors in a personal injury case are the severity of your injuries and the treatment you require. If your injuries are relatively minor, the case is typically settled rather quickly.

One of the first actions you should take if you find yourself involved potentially in a personal injury lawsuit is to hire a lawyer. Only a highly skilled lawyer will be able to try your case effectively and aggressively seek legal redress due to you.

WHAT YOU MUST PROVE IN COURT. In essence, the victim has to prove that they were not at fault and the other party caused their injuries. The claimant – the person who was injured – has to show that the defendant owed a legal duty of care to the person who sustained injuries in the crash. They must also prove that the defendant has not fulfilled their legal duty by doing or not doing something that caused the victim to suffer damages and loss. The victim can make a claim for a settlement or compensation.

DAMAGES. The legal process begins in a personal injury lawsuit by the person who is injured filing for compensation. If you are injured in an auto collision due to someone else's negligence, you are eligible for financial compensation. You receive money for your pain and injuries. This is known as damages. If the defendant is found to be at fault, they are responsible for paying damages to the plaintiff – the person who was injured.

TYPES OF DAMAGES. One of the most common types of damages is compensatory damages – paid to compensate someone for loss, injury, or damages sustained from another person’s carelessness.

In a personal injury case, damages divided into two categories, i.e., special damages and general damages.

General damages can include:

* Physical Pain

* Emotional Suffering

* Disfigurement

* Mental or physical impairment

In this type of scenario, the plaintiff must prove that these damages happened as a direct result of the injury and not pre-existing conditions. Only then could you, the victim, be eligible for compensation.

Some examples of special damages can include:

* Lost earnings

* Repairing or replacing property

* Covering extra costs having to do with the injury

When it comes to repairing or replacing property, you must prove that your property was damaged in the collision or wrongful event caused by others.

EXTENT OF DAMAGES AND COMPENSATION.

* Pain and Suffering – You, as the victim, have the right to seek compensation for your physical pain and mental anguish that you are going through because of the injuries sustained in the collision.

* Medical Expenses for Treatment – The victim is eligible to receive compensation for all medical expenses incurred for the treatment of injuries as a result of the collision. The victim also has the ability to claim for the compensation that is designated for future medical expenses.

* Loss of Earnings – You are eligible to receive financial compensation for loss of earnings because of your collision-related injuries, such as lost wages or salaries, bonuses, commissions, and fringe benefits.

* Loss of Future Earning Capacity – You are able to file a claim to recover the value of your future earning capacity if you are unable to work as a direct result of the collision.

* Damages that Lead to Wrongful Death – Your spouse, parent, or child are eligible for damages for wrongful death claims. Everyone who is connected by blood or marriage, or who is dependent on the deceased, can request recovery.

* Deformity – You can also file for compensation associated with deformity with respect to marks or scars caused by the injury.

INFORMATION YOUR LAWYER WILL NEED FROM YOU.

* Date of the collision.

* Contact details of witnesses.

* All relevant information having to do with the personal injuries you sustained and a medical diagnosis and the type of medical treatment you are or will be receiving.

* Evidence that proves your earning loss and damages.

* Insurance documents that could cover your losses, such as health insurance and vehicle insurance.

* Documents having to do with any past legal claim cases.

HOW LONG DOES A PERSONAL INJURY CLAIM TAKE? As noted earlier, the length of time will vary depending on the extent of injuries and the number of parties involved. Often a case will last a year from the date of filing the complaint to settlement. It could also be six months. In a very few cases will a personal injury lawsuit take two to three years to settle.

If you or a family member have been injured in an auto collision and need legal representation, give us a call at 253.858.5434 to set up an appointment for a free initial consultation today.

In general, Wills and Trusts that are valid in one state should be valid in all states. However, if you've recently moved, we recommend you consult an estate planning lawyer in your new state.

In general, Wills or Revocable Living Trusts that are valid in one state should be valid in all states. However, if you’ve recently moved, we highly recommended that you consult an estate planning lawyer in your new state. This is because states can have very different laws regarding all aspects of estate planning. For example, some states may allow you to disinherit a spouse if certain language is used, while other states may not allow it.

Another event that can cause problems with moving and estate planning is moving from a community property state to a common law state or vice versa. In community property states, all property earned or acquired during marriage is generally owned equally by the spouses, with some exceptions, such as any property received by only one of them through gift or inheritance. The property that is considered community property includes income, anything acquired with income during the marriage, and any separate property that is transformed into community property. Separate property includes anything owned by either spouse before marriage, property received by only one spouse by gift or inheritance, any property earned by one spouse after permanent separation, and the proceeds of a personal injury claim. One spouse is not required in community property states to leave their half of the community property to another spouse, although many do.

In common law states, property acquired during a marriage is not automatically owned by both spouses. In common law states, the spouse who earns money and acquires property owns it by themselves, unless they choose to share it with their spouse. Common law states usually have rules to protect a surviving spouse from being disinherited.

Whether a couple lives in a community property state or a common law state is important for estate planning purposes, because that can directly affect what each spouse is considered to own at death.

If a couple moves from a common law state to a community property state, there are different rules about what happens depending on where you move. If you move from a common law state to California, Washington, Idaho, or Wisconsin, the property you bring into the state becomes community property or "quasi-community property." If you move to another community property state (Alaska, Arizona, New Mexico, Louisiana, Nevada, or Texas), your property ownership won’t automatically change. If a couple moves from a community property state to a common law state, each spouse retains a one-half interest in property accumulated during marriage while they lived in the community property state.

As you can see, the laws of different states vary significantly with respect to incapacity planning, estate planning, and inheritance rights. Therefore, it’s important to contact an estate planning lawyer in your new area, especially if you are moving from a community property state to a common law state, or vice versa.

If you have estate planning questions, give us a call at 253.858.5434 to see how we can be of service. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Entering into contracts is inevitable when you own your own business. Written contracts reduce the risk of legal disputes and ensure all parties are aware of the terms and conditions of the contract.

Entering into contracts is inevitable when you are running a business. A lot of small business owners hire freelancers or independent contractors instead of regular employees. If you hire such an independent contractor, regardless of whether the agreement is put in writing or not, you are entering into a contract. That’s why it’s always a good idea to put the agreement in writing. Written agreements reduce the risk of a legal dispute and ensure that all parties involved are aware of the terms and conditions of the contract.

WHAT CAN A LAWYER DO FOR YOU? Merely putting an agreement in writing does not guarantee that there will be no disputes. In fact, an agreement should be treated as a roadmap to a dispute. That is where the benefits of hiring a lawyer come in. A lawyer can help your business avoid entering into an unfavorable or unfair agreement with an independent contractor while keeping the contract strictly legal. Hiring a lawyer also guarantees that you don’t sign any such independent contractor agreement that puts your business at risk. Lawyers are experienced in digging out potentially problematic clauses and recognizing when any specific terms and conditions need to be included, excluded, or modified.

For example, if you enter into a contract that has no dispute clause, you might find yourself embroiled in an unnecessary lawsuit when arbitration could have taken care of the problem or litigating a dispute in another county or state.

Also, in case you have already entered into a contract, and the independent contractor has breached it, a lawyer can advise you about your options and make sure that you don’t do something outside of legal boundaries.

WHAT YOU NEED TO KNOW ABOUT INDEPENDENT CONTRACTOR AGREEMENTS. Many businesses like to outsource to independent contractors to get additional help, bring in specialized expertise, or fill a particular need. It’s a convenient arrangement since employers don’t have to pay payroll taxes, worker’s compensation, or employee benefits for contractors. However, it must be noted that the IRS is now actively looking for employers who misclassify their regular employees as independent contractors to avoid paying payroll taxes and other dues. That’s why we recommend a written contract. If you are hiring an independent contractor, you should have an agreement that clearly defines all the aspects of the relationship between you and the worker, including letting the contractor know that they will receive a 1099 showing the income they earned.

You should keep in mind that the agreement shouldn’t set specific rules for when and where the contractor needs to work. Don’t try to control the conditions in which the work will get done – a common mistake that can classify the relationship as an employer/employee relationship. Setting deadlines is acceptable but defining where and when the contractor works can cause issues, as they are contradictory to independent contractor constraints.

Also, note that creating this agreement will not give you 100% protection from a misclassification ruling or an IRS audit, but it does provide substantial evidence that you planned to hire a freelancer.

Why does your small businesses need a lawyer to review your independent contractor contracts?

A LAWYER KNOWS WHAT YOU DON’T. Being a business owner, you might see every legal document through the lens of profit and loss. We can review your independent contractor agreements efficiently and quickly, so you can make fast, informed decisions.

A LAWYER IS AN EXPERT ON CONTRACTS. It’s always wise to stick to what you know best. As a business owner, your expertise lies in the sales and marketing sides of things. You should leave the law to the lawyers. Unless you are expert on contracts, agreements, employment issues, or leases, consider hiring a lawyer to review and draft your legal documents.

A LAWYER CAN MAKE SURE YOU ARE NOT GETTING OUTSMARTED. If the independent contractor approaches you with a contract, it is more likely to favor them, as either they or their lawyer drafted the document. This means that there may be several items in that document that could spell severe consequences for your business in the long run. That’s why an independent review is crucial to ensure that the contract protects both parties equally.

A LAWYER WILL MAKE SURE YOU COMPLETELY UNDERSTAND WHAT YOU ARE GETTING INTO. More often than not, contracts are made up of complicated legal jargon that can be difficult for a layperson to comprehend. It’s important that you don’t dismiss that technical legal language by skimming over it. You may not even realize that you agreed to something that may be an issue later. A lawyer will ensure that you understand all the legal terms before you sign the contract. We can point out when a contract doesn’t protect your interests and can advise you on obtaining more favorable terms.

A LAWYER CAN NEGOTIATE THE TERMS OF YOUR CONTRACT. If it turns out that a contract contains unwanted provisions or is missing important terms that could protect your interests, we can work to negotiate better terms. Our goal is to ensure that the final document is fair and mutually beneficial for all parties. We are experienced in effectively negotiating legal agreements, ensuring that a contract can be finalized in a way that best protects your interests.

Give us a call at 253.858.5434 or drop us an email at steve@aitalaw.com to set up an appointment today! We’re here to help!

Creating a Revocable Living Trust is one of the best techniques for avoiding probate. But Trusts need to be fully funded in order to make a real impact on your estate plan.

Creating a Revocable Living Trust is one of the best techniques for avoiding probate. However, the true protection afforded by a Revocable Living Trust does not come after all the documents are signed – Trusts need to be fully funded in order to make a real impact on your plans. Trust funding is one area that must be done by yourself, though experienced estate planning lawyers will offer assist and advice on how to fund your Trust.

To fund a Trust, you must take any assets or property that you’d like to be in the Trust and turn ownership of those assets or property over to the Trustee. This doesn’t mean that you won’t get to control the assets or property – on the contrary, as Trustee of your own Trust, you would have just as much control as you did when you had ownership in your individual name. The difference is that in legal terms, the Trust is a living document that holds true ownership of the property. This is how Revocable Living Trusts help avoid probate.

The most common items that are used to fund Trusts are real estate and financial assets that are titled solely in one person’s name. This is because jointly-held property is not subject to probate until the other joint owners die, though joint ownership can lead to more problems down the road. Real estate is usually transferred to a Trust through quit claim deeds, which give the Trust all of a person’s interest in the property.

You can also fund the Revocable Living Trust with other property that does not have a title, such as artwork or family heirlooms. To fund the Trust in this way, you would work with an experienced lawyer to make a list of the items you’d like the Trust to own, which will then be added to the Trust as a schedule. This will allow these items to transfer to your beneficiaries without going through probate, and will also leave legal documentation for your beneficiaries so they know exactly which items you intended for them to receive.

If you have any questions about Revocable Living Trusts and funding, or if you’d like to have your current Revocable Living Trust reviewed by an experienced lawyer to make sure it still fits your needs and goals, please contact us at 253.858.5434 to schedule an initial consultation. We proudly represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

It's graduation time! Here are some things you should do and documents you should have before your 18-year-old heads off to college.

It's getting to be graduation time and there are some things you should do before your kid leaves for college. Before your 18-year-old heads out the door, make sure you have the legal documents in place to protect them. Accidents and illnesses happen to everyone, including young adults, and you want to be able to speak to health care providers, keep informed, and help make decisions for your teen once they leave home.

Here’s what you need to know when your teen turns 18. There are three forms that facilitate the involvement of a parent in an emergency or other situation…

WHAT YOU MAY NEED IN A MEDICAL EMERGENCY.

1. Healthcare Power of Attorney. This authorizes someone (usually the parent(s)) to make medical decisions on your kid’s behalf and it gives the parent(s) access to the child's medical records and the ability to communicate with their health care providers. By signing a healthcare power of attorney, your teen is appointing you to act on their behalf in making medical decisions in case he or she cannot make those decisions for themselves.

2. HIPAA (Health Insurance Portability and Accountability Act) Authorization (also called a HIPAA release). This is a more narrow document in that it permits healthcare providers to disclose your teen’s healthcare information to you or anyone they specify.

This document alone will often suffice for you to get information from the health care institution treating your child. In a HIPAA authorization, a young adult can stipulate that they don’t want to disclose information about sex, drugs, mental health, or other details that they prefer to keep private.

3. Durable Power of Attorney (DPOA). This enables a designated agent (again, usually a parent) to make financial decisions on the student’s behalf. The DPOA can provide that power vests in you immediately after signing the document or that it vests only if your child becomes incapacitated.

The DPOA enables the designated agent to, among other things, sign tax returns, access bank accounts, pay bills, make changes to your child’s financial aid package, or figure out tuition problems.

As parents, of course you always hope that you won’t need these documents, but it’s always a good idea to be prepared in case you do.

WHEN SHOULD YOU GET THESE DOCUMENTS? Your child should prepare these documents ahead of time because it may take time to get everything in order including notarization (although not every state requires notarization). Once kids take off for school it may be hard to get their attention, so be mindful of that.

WHAT ELSE CHANGES WHEN YOUR KID TURNS 18? When your child reaches 18, even though you may still think of them as children, under the law they have now achieved adult status. That status allows them to vote, serve in the military, serve on a jury, sign a contract, and get married without your consent. Although they still can’t do certain things, like drink alcohol or rent cars, their legal status is decidedly different than it was at 17.

* All males with U.S. citizenship (with very few exceptions) must register for the selective service upon reaching the age of 18.

* Although not required, this is a great time for your kids to register to vote.

* When your children turn 18, you no longer automatically have the authority to make healthcare decisions for them. And this is true even if they are still covered by your health insurance and you are paying the bills. This means that if your child has an accident or illness and is temporarily disabled, without a Power of Attorney, you may need court approval to act on their behalf or even to be informed of their medical status.

* Despite the fact that you are paying for their education, FERPA says you no longer have access to your child’s grades once they turn 18. That’s right, you can call the registrar and ask to see your 18-year-old’s transcript and they will not share it with you even though you’re the one signing the tuition checks.

* You can no longer manage money for your children once they turn 18.

If you've got a kid heading off to school in the fall, give us a call at 253.858.5434 and we can help your get these documents in place before they go. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Creating an estate plan isn't just about money. If you have kids, it's important to name a guardian in the event something tragic happens to you and the other parent.

Creating an estate plan isn't just about money. If you have a minor child, it is important to name a guardian to raise your child in the event that both parents die before your child becomes an adult. While the likelihood of that actually happening is slim, the consequences of not naming a guardian are great. Providing for your child’s care in this unlikely event is part of being a good parent.

If you do not name a guardian, a judge (who probably won't know you, your child, or your relatives) will decide who will raise your kid without knowing your preference. You cannot assume the judge will automatically appoint your parent or sibling to raise your child; anyone can ask to be considered, and the judge will select the person the judge deems most appropriate.

If you have named a guardian in your Will or a Power of Attorney, the judge will still need to appoint the guardian but will have your preference as guidance. If you are divorced, the judge will usually name the child’s surviving parent as guardian unless it is not in the child’s best interests.

CHOOSING A GUARDIAN. The person you name as guardian does not have to be a relative, so consider all of your options. As you begin to list and evaluate your candidates, consider the following:

* A guardian’s parenting style, values, and religious beliefs. If your candidates have children, observe how they are raising and disciplining them. If they do not have children, find out all you can about how they were raised; people tend to parent how they were parented.

* How far away from you do they live? Would your child have to move far away from a familiar school, friends, and neighborhood at an emotionally difficult time?

* How comfortable is your child with your candidates now?

* How emotionally prepared are your candidates to take on this added responsibility? Someone who is single may resent having to care for someone else’s child. Candidates with a houseful of their own children may not want more around, or conversely, they may welcome the addition.

* Do they have the time and energy? Your parents may have the time, but consider if they would have the energy to keep up with a toddler or teenager. Someone who works long hours may not initially seem to be the ideal candidate at first, but this candidate may be willing to change their priorities if needed.

* If your candidates have children of their own, would your child fit in or feel lost?

* Consider your child’s age and that of your candidates. An older guardian may become ill or even die before your child is grown. A younger guardian, especially an adult sibling, may be concentrating on finishing college or starting a career. If your child is older and more mature, you should consider your child’s input in your decision.

* Is the candidate you select willing to serve? Ask. Do not assume someone will take the job.

THE FINANCIAL SIDE. Raising your child should not be a financial burden for the person you select as guardian, and a candidate’s lack of finances should not be the deciding factor in your decision. You will need to provide enough money (from your own assets, from life insurance, or both) to provide for your child the way you want. These funds could then help the guardian buy a larger car or add on to their existing home, buy a bigger washer and dryer, plan for family vacations, etc., if needed.

Consider whether it is appropriate to name someone else to handle the finances. Naming one person to raise the kids and to handle the money can make things simpler because the guardian would not have to ask someone else for money. However, if the best person to raise your child is not necessarily the best person to handle money, you may select another person to manage your child’s inheritance.

Many parents set up a Trust for the child’s inheritance (so the child will not inherit everything at age 18) and name someone other than the guardian to be the Trustee of the Trust. There can be disagreements over expenses (for example, whether the child should go to public or private school), so be sure to name people as guardian and Trustee who can work together for the best interests of your child.

PROVIDE A LETTER OF INSTRUCTION. Consider writing a letter to the guardian explaining your expectations and hopes for your child’s upbringing. Include your desires about your child’s education, activities, and religious training. Read and update your letter every year as your child grows and develops interests. You should also discuss these desires with your selected guardian.

HAVING A HARD TIME MAKING A DECISION? If you are having trouble making a decision, list the pros and cons for each candidate. If you and your child’s other parent are having trouble coming to an agreement, try making your own separate lists of top candidates and look for some common ground. Be sure to name at least one alternate in case your first choice becomes unable to serve.

Keep in mind that the person you select as guardian will probably not raise your child. The odds are that at least one parent will survive until your child is grown. You are simply being a good parent by planning ahead for an unlikely, but possible, situation. Next, realize that no one but you will be the perfect parent for your child, so you are probably going to have to make some compromises in some areas. Also, you can change your mind. In fact, you should review and change the guardian as your child grows and if the guardian’s situation changes.

Do not wait too long. Remember, if you do not name someone to raise your child and the unlikely does happen, a court will decide who will raise your child without your input.

If you have questions about appointing a guardian for your children in your Will or a Power of Attorney, 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 legal issues surrounding auto collisions can be complex and overwhelming. It's critical that anyone who's been injured in a car crash consult an experienced lawyer.

When a driver harms another person in an auto collision, the injured person may have the right to receive damages in the form of financial compensation. There are many causes of auto collisions, including human error, equipment malfunction, adverse road or climate conditions, negligence on the part of another driver or passenger, or other causes beyond your control. Even injury victims who believe they were partially at fault for a collision may have the right to compensation.

The legal issues surrounding auto collisions and traffic laws can be complex and overwhelming. This is why it is critical that anyone who has been injured in a car crash consult with an experienced lawyer that can handle any type of auto injury case.

Getting your life back on track after an auto collision can take more than just time, good insurance, or a great support system. It also takes a trustworthy, dependable, and responsive legal team that can evaluate your case and provide guidance on how to deal with insurance and the legal system in pursuit of the financial compensation that you deserve to make you whole.

The days immediately following a collision can be a vulnerable time for victims. Not only are you suffering from your injuries, but you may also be accruing medical bills, missing time from work, and missing time with loved ones or needing to arrange for extra childcare or other services to allow you to get through the day. These types of losses and expenses may be reimbursable, though an initial settlement offer made by the at-fault driver's insurance company will rarely reflect them.

In addition to making unfairly low settlement offers, it is a common practice for insurance companies to aggressively pressure victims into settling for less than they are owed for their injuries. The sooner you contact a lawyer, the sooner you can even the field with the insurance company and show them that you have someone who will fight for what you are owed.

Determining your right to compensation involves an in-depth knowledge of car insurance, medical issues, details of traffic law, and how insurance companies evaluate, negotiate and litigate claims. Your lawyer can help guide you through the settlement negotiation process or legal process, as well as help set your priorities and keep you organized as you move through the process. This is particularly important for documenting costs you have incurred as a result of your injuries, such as vehicle repairs, medical bills, lost wages, extra childcare or household expenses, and others.

If you or a loved one has been injured in an auto collision that was not your fault, you deserve to speak with a lawyer who knows how to hold at-fault drivers responsible and get the best possible settlements for their clients. Whether you or your loved one were injured due to another driver's poor judgment, impairment, distraction, or recklessness, we can help you understand your rights and fight for your interests. Contact us today at 253.858.5434.

Parking lot closed next week for repaving and restriping. Sorry for any inconvenience.

To our clients, colleagues, and friends - Please note that our parking lot will be closed next Monday the 6th through Wednesday the 8th as it is getting repaved and restriped. Please park in the lot next door, directly to the west of us. There is also plenty of street parking on Harborview Drive and on Judson Street. Sorry for any inconvenience, but we promise the parking is going to look great!

Taking into account estate and income tax issues as well as human and family concerns and financial management factors, our goal is to create estate plans to address all these issues.

All clients face important issues in the desire to preserve the assets they have accumulated for their families, and to arrange for efficient administration of their estates. We are well versed in techniques that aid clients in forming and implementing comprehensive estate plans. While reducing estate tax liability is an important focus of the estate planning process, we understand that each client's situation is unique, and that tax motivated decisions must be consistent with the client's personal desires. Taking into account estate and income tax issues, as well as human and family concerns and financial management factors, our goal is to create comprehensive estate plans to address all these issues, while tailoring each plan to the needs of the individual client: from traditional Wills and Trusts for taxable and nontaxable estates, to more sophisticated planning including the formation and implementation of business succession plans, family entities, charitable trusts, irrevocable insurance trusts and private foundations.

Estate administration is also an essential part of our practice. Administration of a decedent's estate offers many opportunities for income and estate tax savings through careful post-mortem planning. Valuation issues are often critical in larger estates, and we have developed strong working relationships with professionals who value many different types of property. We also maintain relationships with accountants who have significant experience in both estate tax and estate income tax matters.

We also counsel clients in matters of probate and trust administration, post-mortem planning, marital agreements (both prenuptial and post-nuptial), and the preparation of gift and estate tax returns.

Our work in the estate planning area includes:

(1) Development and coordination of estate plans, including:

* Succession planning for multiple generations in family businesses;

* Coordination of charitable and family gifts; and

* Creation of limited liability companies and other entities to protect family ownership, ensure continuity of management and provide an efficient means of making gifts.

(2) Drafting documents to:

* Reduce, defer, and where possible, eliminate federal and state estate tax liability;

* Protect family assets threatened by issues such as heirs with dependency, creditor, or immaturity problems;

* Provide for beneficiaries with special needs, while protecting their entitlement to government benefits; and

* Arrange for appropriate provisions for children from multiple marriages.

(3) Probate of Wills and assistance to Personal Representatives (Executors) and Trustees in carrying out their fiduciary duties related to administration and settlement of estates and trusts.

(4) Representing estates and trusts and their beneficiaries in negotiation and litigation of family conflicts and disputes with third parties.

(5) Coordinating post-mortem planning, including the use of disclaimers to reduce estate tax liability or shift assets within the family without additional tax cost.

(6) Preparing prenuptial and post-nuptial agreements and other intra-family documents that affect clients' estates.

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