If you have suffered connective tissue injuries in an auto collision, you may need to seek legal advice about how to proceed.

If you have suffered connective tissue injuries in an auto collision, you may need to seek legal advice about how to proceed. Connective tissue injuries (or what insurance companies call "soft tissue injuries") can be debilitating even though they may be a challenge to document. A lawyer can assist you in pulling together all the information and documentation you will need when making a claim concerning the injury.

Of first importance is that you get the medical help you need. Injuries to your muscles or to connective tissue such as tendons and ligaments are more difficult to document than out-and-out bone fractures. But even though such injuries are not the easiest to document, a medical doctor can compare what you report to your previous health conditions and diagnose the injuries you have sustained.

Be sure to document as much of the incident where you were injured as is possible. If you are able, take pictures of the location and of all visible signs of your injury. But sure to keep copies of any paperwork your doctor gives you after you have been examined, including all prescriptions. Your lawyer will need these items as they prepare your case.

Whether your injuries are the result of an auto collision, a slip-and-fall incident, or an impact injury of some other sort, a lawyer can help you in dealing with the legal implications. You may need help in addressing your medical expenses, finding proper treatment for your injuries, and securing your lost wages. These difficulties are just the basic problems that can come from connective tissue damage.

We can assist you in filing your claims. We will go over each step of the matter with you, explaining any points that confuse you. If you have lost wages because of your connective tissue injuries, we will work to reclaim those funds on your behalf. We will endeavor to have your medical expenses and treatments covered as well as any property damages you sustained in the incident that caused the injury. Seeking legal advice is always a wise choice after a collision.

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 for a free initial consultation today.

It can be difficult to send your kid off to college for the first time. One way to provide some much-needed protection is to have a Power of Attorney prepared before they head off.

It can be difficult for parents to send their child off to college for the first time. The world is a crazy place and you won’t always be there in person to make sure they are all right. While it’s difficult letting go, you still want to make sure you have the ability to help if they need it. You should note that once your kid turns 18, they are legally an adult and therefore a parent may not have the authority to step in and make decisions if necessary. One way to provide some much-needed protection is to have a Power of Attorney prepared before they head off on their own.

REASONS THEY NEED A POWER OF ATTORNEY. When deciding if a power of attorney is really necessary, consider the following situations in which the document could be used:

* If they suffer from an illness or disability that prevents them from making financial decisions for themselves, a Power of Attorney can give you the authority to make decisions for them.

* If they were to experience a medical emergency, it can be very difficult for a parent to get any information from medical staff or make any medical decisions. This is because once they turn 18, HIPAA (Health Insurance Portability and Accountability Act of 1996) laws prevent this disclosure, unless your child specifically gives them permission.

* Financial matters such as managing bank accounts, paying bills, dealing with insurance companies, filing taxes, or any other number of issues, can be difficult for your child to handle from a distance. A Power of Attorney can allow you to step in to help when your child needs assistance.

DIFFERENT TYPES OF POWERS OF ATTORNEY. There are two different Powers of Attorney, and each serves a different purpose. Thus, your best bet is to have both forms prepared in order to cover any possible scenario.

* Health Care Power of Attorney – If your adult child ends up in the hospital, this document can give you the authority to make medical decisions for them if they are unable to do so. Without one, all medical decisions would be made solely by the doctors.

On this same note, it is also a good idea to complete a HIPAA authorization form. If your child was involved in an accident, for instance, the law would prevent you from obtaining any information over the phone regarding their medical condition. This form would give you legal authority to receive their private health data.

* General Durable Power of Attorney – This document gives you the authority to make financial decisions on your adult child’s behalf. This can allow you to help manage bank accounts or pay bills, or make larger decisions if they are unable to due to illness or disability. Additionally, it can give you access to your child’s grades and transcripts. Many parents do not realize that this information is not automatically available to them just because they are paying the tuition bill!

There is certainly a lot to think about before your child leaves for school. At our law firm, we are here to make that job a little less stressful. We can provide you with all the essential documents you need, so you can be confident they will be protected financially and medically. Contact our office at 253.858.5434 to learn more.

The Complications of Estate Planning for Blended Families

According to a recent study, more than 4 in 10 Americans are part of a blended family. And while 7 in 10 are satisfied with their step-family relationships, the study revealed that people typically feel a stronger sense of obligation to their biological families. That’s what makes estate planning for blended families complicated.

If you have children from a prior relationship, and you make an outright distribution to your spouse, you risk disinheriting your children. Why? Because when you make an outright distribution to your spouse, your spouse has the power to do whatever they want with the inherited assets. This may include leaving assets to your children, or not.

For example, suppose you and your spouse both have two children from prior marriages. You agree to identify each other’s children as your own children for purposes of your Will. You then make outright distributions to each other upon your death and name all four children as contingent beneficiaries. Suppose after you die, your spouse and one of your children have a disagreement and become estranged. Your surviving spouse could change their Will and leave all the assets (including assets inherited from you) to their biological children only. Or perhaps your surviving spouse finds love again and remarries. They may decide to leave all assets (including assets inherited from you) to a new spouse rather than your children.

Here are a few tips to consider as you plan for the complexity of your unique blended family:

DETERMINE YOUR PRIMARY OBJECTIVE. The primary objective for some couples is providing for a surviving spouse. Perhaps you have been married for decades, your respective children are grown and successful, and you feel absolutely no obligation to leave your children an inheritance. If you have no concern whatsoever about the risk that your children could be disinherited, then an outright distribution may be an option.

On the other hand, if providing for your children is also important to you, leaving assets to your spouse in trust may be the better option. You can give your spouse access to the income, and perhaps the principal, from the Trust to provide for their health, support, maintenance, or education, but direct that any remaining assets be distributed to your children after your surviving spouse dies.

Consider your spouse’s relationship with your children

Some blended families form when the couple’s children are very young. In those situations, a strong bond can form between the stepparent and stepchild. Other blended families form when children are already adults. In those situations, step-relations can be distant and contentious.

WHICH DESCRIBED YOUR FAMILY? If your spouse has a strained relationship with your children and you make an outright distribution to your spouse, there is a greater risk that your children will be disinherited. In such a situation, consider a distribution to your spouse in trust with an independent Trustee or Co-Trustee administering the Trust assets. If there is a high level of distrust between your spouse and children, an independent Trustee’s involvement may decrease the likelihood of conflict about the Trust’s administration.

Consider making a bequest to your children at the outset

Rather than leaving all your assets to your surviving spouse, consider distributing a portion of your assets to your children immediately upon your death. This may include personal belongings such as family heirlooms or jewelry, real estate that has been in your family for decades, financial assets, or a portion of the proceeds from a life insurance policy. This way, your children are provided for regardless of whether your surviving spouse makes any provisions for them.

This type of distribution may not be appropriate if an immediate distribution to your children may result in economic hardship for your spouse. In that case, leaving assets to your spouse in trust may be the best option.

TALK ABOUT YOUR PLANS. Whether you are part of a nuclear or blended family, sharing the details of your estate plan can limit disagreements after your death. Yet it is a topic very few people broach with their loved ones. The likelihood of dissatisfaction increases when heirs are kept in the dark about the details of an estate plan. An overwhelming majority of heirs report satisfaction with the inheritance process when they know about the plans in advance. In contrast, heirs are twice as likely to be unsatisfied with the distribution process when plans are kept secret.

Estate planning for blended families can be complicated. A lawyer can explain your options, the ramification of your choices, and customize an estate plan to address your needs. 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 proudly represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

When selling a business, there are some important things to keep in mind. You'll want an experienced lawyer involved to make sure all your bases are covered.

When selling a business, there are some important matters to keep in mind. You'll want to get an experienced lawyer involved to make sure that all of your bases are covered and you don't end up in a bad deal.

BASICS OF SELLING A BUSINESS. First, you'll want to plan ahead so you're completely prepared for selling. This may mean that you discuss and plan the sale of your company one or two years before you plan to take action. Planning ahead is ideal because you'll likely need to adjust some aspects of your company before it's ready to sell. You'll also want to make sure that your documentation is clear and well-kept so that it can be easily handed over to a buyer.

As you plan to sell your business, ask yourself and fellow business owners these basic questions:

* Why do we want to sell?

* Why should we sell?

* Why should anyone want to buy our company?

* When is the right time for the sale?

REQUIREMENTS FOR SELLING A BUSINESS. Once you find a buyer for your business, they'll need a minimum of three years of your past financial documentation. This includes your company's tax returns and an up-to-date balance sheet. You'll also need to provide the last year's worth of financial statements. This will show the buyer any fluctuations throughout the year due to seasons or other factors.

All company assets that are for sale should be clearly listed and their supportable or current book values should be included. You might also need to include details like:

* Business licenses and permits.

* Vendor contracts.

* Leases.

* Lists of suppliers.

* Marketing materials.

* Valuation

It can be difficult to properly value your own company as you have a personal investment in it. Getting a professional valuation will help you clearly see what your business is worth, even if it is a small business. This will help you find a suitable asking price so you can be in a good range to find buyers. A professional valuation will also make it clear if there are parts of the business that need improvement before selling.

Valuation for a business takes the following into consideration:

* Asset values.

* Earnings.

* Feasibility.

* Revenues.

* Discretionary cash flow.

BE READY FOR A SALE. When planning to sell your business, you'll also want to develop a marketing strategy. You'll need a marketing package and action plan. Decide whether you're OK with negotiating with buyers. If you determine that you won't do well with negotiating because of an emotional attachment to the company, you might want to consider using a broker or agent to handle the sale.

Make sure you're ready to show your business to potential buyers at any time. Think of it like trying to sell your home. You'll have showings and need to be ready to make a sale anytime someone is interested.

An advisory team is also a great asset to a business sale. This will include experts like your lawyer, broker or agent, banker, accountant, and financial advisor.

WHAT TO DO ONCE YOU FIND A POTENTIAL BUYER. Before offering all of your business information up to any potential buyer, you'll want to first interview the buyer and make sure they are legitimately interested in purchasing your company. Even if they are actually interested, they may not have the necessary skills to run the company, so you'll want to get some of their information and background to determine if they're capable.

You can sign a Letter of Understanding with the buyer. You'll agree to share your business's financial information in exchange for the following:

* Buyer resume.

* Nondisclosure agreement (or confidentiality agreement).

* Personal financial statement.

Taking such care in the case of a business sale can help prevent your competitors from getting ahold of your business's financial information. You don't want that kind of information easily accessible to anyone.

Consider whether you'll want to remain a part of the company after the purchase. Will you be available to help the buyer and train them to handle the ins and outs of the business? Think about and plan how the transition period will play out.

If you need help with selling a business, 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 Zoom.

There are many reasons for people with kids to develop an estate plan.

There are many reasons for people with children to develop an estate plan. An estate plan generally refers to a Will, a financial Durable Power of Attorney, a Health Care Power of Attorney, a Directive to Physicians (commonly called a "Living Will"), and Powers of Attorney for Minor Children's Health Care.

The Will is a critical document which designates how the testator, or maker of the Will, would like to distribute their estate assets after their death. Married couples, in most cases, leave their estates to each other upon the first spouse’s death. It is expected that the surviving spouse will use the inherited assets to care and provide for the surviving children. When both parents die and leave minor children, the distribution of estate assets becomes more complex. The following issues should be considered by parents when making their Will:

* Who will care for minor children in the event both parents die? Naming a guardian in the Will provides the best evidence of who the parents would like to make decisions for their children. When deciding on a guardian, parents should take into account the proximity of the guardian’s residence to the children’s current home, the lifestyle and religious beliefs of the guardians, and the financial situation of the guardian. Parents should name the same guardian in their Wills so as to avoid any confusion in the event both parents die simultaneously. Being the guardianship of minor children is a major responsibility, and parents should be sure to ask their preferred guardian if they would be willing to care for the children in the event of a tragedy.

* How will the estate assets be transferred to the child? If the parents have no estate plan in place, upon the death of both parents, the child would inherit their share of the parents' estate, and it would be held in a guardianship estate of supervised by the court. The child would have access to the monies by requesting distributions from the guardian, who would need court approval to spend principal from the estate. Additionally, once the child obtained age 18, all assets in the estate would be distributed directly to the child regardless of the child’s ability to manage the money. If parents engage in estate planning, they may create a Trust to hold assets passing to a minor child. The parents, via their Will, create a Trust and name a Trustee to manage, invest, and distribute the assets to the minor child according to the terms of the Trust. The Trust may allow distributions for the child’s health, education, maintenance, and support throughout their life. The Trust terminates at a stated age of the child and does not automatically end upon the child’s obtaining the age of majority. Thus, the Trust may end when the child turns 30. Alternatively, the Trust may distribute principal in increments based on the age of the child. For instance, the child would be entitled to 1/3 of Trust principal at age 25, another 1/3 at age 30, and the final 1/3 at age 35. The Trustee need not be a corporate Trustee, and in the event of a smaller estate, it would make better financial sense to name an individual as Trustee (who may be the same person as the guardian). The individual Trustee could then hire an investment advisor to handle the investment of trust assets.

Parents of a child with special needs should create a Third-Party Funded Special Needs Trust to hold assets for the child with special needs in lieu of a simple Trust. This Special Needs Trust is typically funded with inheritance monies of the child with special needs, and does not, under current law, have a payback to the state for medical assistance provided to the child.

* Who will administer the estate in the event both parents die? The surviving spouse is typically named as Personal Representative of the estate, and a successor Personal Representative should also be named in the event the spouse is unavailable. A Personal Representative must be over the age of 18 and is responsible for gathering the assets of the estate, liquidating and selling any assets, and distributing the assets to the heirs under the Will. Each spouse may name their own successor Personal Representative to administer their estate, and co-Personal Representatives may also be named.

To complete the estate plan, parents execute financial and health care Powers of Attorney and a Directive to Physicians. Powers of Attorney allow an individual, or principal, to appoint an agent to act on their behalf for financial and medical matters for the principal or the principal's minor children.

A Directive to Physicians sets forth an individual’s last wishes in regard to end-of-life situations. This document differs from a Health Care Power of Attorney in that the Directive only governs a situation where a doctor has certified that the declarant is in a state of permanent unconsciousness or has an end-stage medical condition.

Parents with young children should consider drafting an estate plan to ensure that their estates are administered according to their wishes, and that their children will be cared for financially and be placed with an appropriate guardian. If you have questions about creating an estate plan, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

A Qualified Terminable Interest Property (QTIP) Trust is an estate planning tool that married couples can use to minimize uncertainty and maximize tax advantages.

A Qualified Terminable Interest Property (QTIP) Trust is an estate planning tool that married couples can use to minimize uncertainty about the future and maximize certain tax advantages. Since no one can predict how much they will own at the time of their death, which spouse will die first, whether the surviving spouse will remarry, or what the estate tax rate will be when they die, a QTIP trust can help deal with and minimize these uncertainties without the need for a crystal ball.

The most common form of QTIP Trust is a testamentary QTIP Trust, which is created when the first spouse dies. Basically, this QTIP Trust is a marital trust established as part of a married couple’s estate plan to hold money and property for the surviving spouse’s benefit. This Trust may be the only one created at the first spouse’s death, or it may be part of a multiple Trust arrangement where, after the first spouse’s death, the Family Trust (or "Credit Shelter Trust" or "Applicable Credit Amount Shelter Trust") receives an amount equal to the federal estate tax exemption and the Marital Trust receives the rest. A QTIP Trust is more restrictive than a typical Trust in that the QTIP Trust limits the surviving spouse’s ability to use or control the Trust’s assets, such as money and property. However, for couples who have or may have accounts and property valued at more than the lifetime estate tax exclusion amount, a QTIP Trust is especially appealing because it qualifies for the unlimited marital deduction, which delays the payment of estate tax, if any, until the surviving spouse dies.

However, QTIP Trusts can also be created and funded while both spouses are living. These types of QTIP Trusts are called inter vivos (during lifetime) QTIP Trusts. The grantor spouse (usually the wealthier spouse) puts property into the QTIP Trust for the benefit of the other spouse (the “beneficiary”) during the beneficiary spouse’s lifetime. At the beneficiary spouse’s death, the Trust’s remaining assets will go to the grantor spouse’s children or wherever the grantor has decided. If the grantor spouse is still living at the beneficiary spouse’s death, the grantor spouse can even become the income and principal beneficiary and the QTIP Trust property will be excluded from their estate.

WHAT ARE THE REQUIREMENTS OF A QTIP TRUST? Whether they are created after death or during life, QTIP Trusts must meet certain requirements:

* The QTIP Trust must grant the beneficiary spouse a “qualifying income interest for life.” Either all the trust’s net income must be paid at least annually to the beneficiary spouse, or the beneficiary spouse must have the right to annually withdraw all the Trust’s net income. This right to income cannot be subject to any contingencies. For example, the right to income cannot terminate upon the surviving spouse’s remarriage.

* Only the beneficiary spouse can have the power to appoint the Trust property.

* The beneficiary spouse must have the right to demand that the Trustee convert non–income producing assets into income-producing assets.

* The QTIP Trust must be irrevocable.

* For an inter vivos QTIP Trust, the beneficiary spouse must be a U.S. citizen.

It is permissible, though not required, to also give a beneficiary spouse the right to distributions from the Trust principal (either discretionary or according to certain standards). However, no person other than the spouse can be a beneficiary of the QTIP Trust during the beneficiary spouse’s lifetime.

WHO TO NAME AS TRUSTEE OF A QTIP TRUST. The Trustee of a QTIP Trust is responsible for managing the Trust’s accounts and property, filing the Trust’s tax returns, and other administrative tasks required in following the terms of the Trust. Because being a Trustee can be a heavy responsibility, some people choose a third party, such as a financial institution or an attorney, to fill the role.

A grantor can, however, name a trusted family member, including the beneficiary spouse, as Trustee of a QTIP Trust. A grantor considering this option should keep in mind that such an arrangement may introduce distrust or even discord into relationships. For example, the surviving spouse of a second marriage, acting as Trustee, may choose to invest in accounts or property that will provide a larger amount of income, but the children of the grantor’s first marriage (who are the ultimate QTIP Trust beneficiaries) may prefer that the surviving spouse Trustee invest in accounts or property that will preserve or grow principal. Such competing interests may cause conflict between the parties.

BENEFITS OF A QTIP TRUST. QTIP Trusts serve two main purposes: (1) they can allow the maximization of estate tax benefits by using the unlimited marital deduction, and (2) they allow a grantor spouse to put restrictions on their property rather than leave the property outright to their spouse. These restrictions are useful in second marriages when there are children from the first marriage or when there are concerns about a spouse remarrying and giving away all the couple’s money and property to a new spouse.

Example 1: Alisha and Ben are in their late 30s, have been married for ten years, and have two young children. Alisha has a successful business. Alisha has faced some health challenges and realizes that she will probably not outlive Ben and that Ben, as a young widower, may likely remarry. When creating their estate plan, Alisha and Ben include provisions for a QTIP Trust that, if Alisha dies first, will allow Ben to receive the income from Alisha’s business (and the other QTIP Trust accounts and property) for his lifetime but does not allow him to sell the Trust’s property or give them away to a new spouse. Alisha has the peace of mind of knowing that her business and the other Trust assets will eventually pass to her children after Ben’s death.

Example 2: John is a successful businessperson in his late 60s who has three adult children from his first marriage. John has recently married Kate, his former high school sweetheart, who had never married. John wants to ensure that Kate is provided for both during life and after his death, but he also wants to ensure that his children receive the bulk of his money and property. John transfers a portion of his money and property to a QTIP Trust for Kate’s benefit and the remaining amount to a Trust for his children’s benefit. The income generated by the QTIP Trust’s assets will provide for Kate during her life, and John’s children will receive the remaining property, if any, in the QTIP Trust after Kate’s death. John’s children do not have to wait for Kate to pass away before receiving an inheritance because they can benefit immediately from the accounts and property in the other Trust.

CONTACT US. For married couples, providing for the surviving spouse is usually a top priority. However, couples may also have additional priorities that they want to honor with their estate plan. A QTIP Trust can offer an effective solution by allowing you to provide for your surviving spouse, maintain control over the ultimate transfer of assets, and take advantage of the unlimited marital deduction. To learn more about QTIP Trusts and how we can help your estate planning goals, 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.

Most personal injury claims settle well before trial. But how do you know if the settlement offer you receive is reasonable?

If you get injured in an auto collision, you can file an insurance claim or a personal injury lawsuit to recover your financial losses. Most injury claims will settle out of court. But how do you know if the settlement offer you receive is reasonable? The simple answer is that there is no simple answer. A settlement that’s fair and reasonable for one case may not be suitable for your case. Learn about the factors you should consider before accepting a settlement offer.

MULTIPLE FACTORS MAY AFFECT YOUR SETTLEMENT OFFER. Always remember that a settlement is just that, settling. The insurance company will probably not be happy about giving you any amount of money. Likewise, you will probably not be satisfied with the amount that you get offered. Settlements can be tricky and depend upon several variables.

* What jurisdiction are you in?

* How long have you undergone treatment?

* What is the extent of your injuries?

* Are you fully healed at the time of the settlement offer?

* Have your property damage issues been fully resolved?

* What are the policy limits of the opposing party and your own insurance coverage?

Even these questions presuppose liability and causation issues. When the insurance company is ready to settle, the guidance of an experienced lawyer can be invaluable in deciding whether or not to accept a settlement offer. First, however, you can take a look at your case to get a basic understanding of what a fair offer from an insurance company might be.

1. Determine the Extent of Your Injuries. If you were in a collision and sustained injuries, document the time and money you have spent on medical treatment. This is often quantifiable. It may just be a matter of keeping a record of:

* Doctor’s visits

* Prescription costs

* Property loss

* Time off of work

Special damages are those that are easily quantifiable – medical and prescription bills, mileage to and from the doctor or pharmacy, missed work, etc. General damages are a bit more subjective. They typically include pain and suffering, loss of quality of life, emotional distress, or loss of time with friends and family fall into this category.

2. Be Certain that You Are at a State of Maximum Medical Improvement. To properly assess the settlement you need, you want to be at a state of maximum recovery or, at the very least, a position that you are comfortable with regarding your physical health. If money is “on the table,” you do not want to settle your claim if you are not comfortable with the amount or degree of treatment that you have received. If you are not finished with your medical treatment but want to pursue a settlement, take into account your possible future medical costs as well as pain and suffering. Your doctor should be able to advise you as to the extent of your injuries and the possible future treatments necessary. Your lawyer should be able to give you some idea as to what “future medicals” have gotten awarded for similar injuries in past cases.

3. Settle Your Property Damage Issues Properly. If you were in an auto collision, never allow your vehicle to sit idly in a body shop or at a mechanic’s. These businesses charge storage fees, and those fees grow fast. Instead, have your insurer, or the other party’s insurer, promptly assess the damage to your vehicle and bring it to a location where storage fees will not be an issue. If the vehicle is considered totaled, the insurance companies almost always go by the National Automobile Dealers Association (NADA) value of the car in making restitution. If your car has unique or custom parts, advise the adjuster. Also, be aware that if the insurer decides your car is totaled, you have options if you disagree. You can ask for the cash value minus what is known as the salvage amount.

4. Treatment Is Key. If you are injured, you need to go to the doctor and keep track of those bills. Between work and family, it may be challenging to take the time for medical appointments. However, if you want to build a case, you have to seek treatment. You cannot build a case and claim damages without showing you received treatment. There is simply no other way to prove injury than to show that you went to the doctor.

5. Is Adequate Insurance Coverage? Just because a car crash is the fault of another person, that person’s insurer may not be able to cover all of your damages. For example, in the state of Washington, drivers are only required by law to carry $25,000 of liability insurance. However, these policy limits can add up quickly when severe injuries occur. For this reason, many drivers carry uninsured/underinsured motorist (UIM) insurance coverage. This coverage ensures a driver or their passengers against the risk of severe injury or the inability of a liable party to meet the damages connected with the collision.

Many people are unwilling, or even afraid, to utilize their UIM insurance for fear of retribution from their own insurer. However, the fact of the matter is that Washington law prohibits any insurer from adjusting the premiums of their insured for the use of their UIM coverage.

DO YOU NEED A LAWYER? You do not need to hire a lawyer to secure a settlement. Just remember that finalizing a case can be tricky, and the reasonableness of an offer depends on your needs. Your lawyer can:

* Analyze your past and future treatment expenses

* Communicate with insurance companies on your behalf

* Negotiate for the best settlement offer

Your best course of action may be to hire an experienced attorney to help guide you through all the pitfalls you may encounter.

It may be a good idea not to accept the first offer you receive. Insurance companies often throw out lowball offers, hoping you are desperate for any amount you can get. In addition, settlements can often be negotiated, so you shouldn’t accept an offer without your lawyer reviewing it.

HOW DOES A SETTLEMENT GET PAID OUT? Money from a personal injury settlement may get paid out as a one-time lump sum or a series of payments in the form of a structured settlement. While structured settlements can be customized to suit your needs, you may not be able to change the terms later.

HOW LONG DOES IT TAKE TO GET PAID AFTER A CASE IS SETTLED How long you have to wait for your settlement money will depend on your particular case. After your claim has been resolved and settlement negotiations are finished, you may receive funds in as little as one week. On the other hand, you may have to wait as long as several weeks. Additional delays are not uncommon.

DO YOU PAY TAXES ON PERSONAL INJURY SETTLEMENTS? The money you receive from your case, including your settlement, may be considered part of your gross income. Under 26 C.F.R. §1.104-1, the compensation you receive for physical injuries or illness is not included in your gross income and is not taxable. However, compensation for lost wages or earnings is taxable. Your lawyer can review your settlement or court award to determine if you have to pay taxes on any of it.

ALWAYS REMEMBER THE STATUTE OF LIMITATIONS. One thing that often gets overlooked when it comes to pursuing financial compensation is the statute of limitations. Each state has its own time limit on how long you have to file a claim. If you pass this time limit, you can’t file a claim anymore and will forfeit your ability to win a settlement. You should never wait until the last minute to start filing your claim. To increase your chances of getting the best settlement possible, always prepare your case early and be mindful of the statute of limitations in your state. As more time passes, it will become harder for you to win a fair settlement that accurately reflects the damages you sustained.

SEEK LEGAL ADVICE RIGHT AWAY. Even though there’s no legal requirement to hire a lawyer when you pursue a settlement, you should still do so. Hiring a lawyer is one of the best decisions you can make to ensure that you get a reasonable settlement offer that covers your damages. We are ready to help. Contact us today at 253.858.5434 to learn more about your legal options and what we can do to assist.

Pros and Cons of Using a Transfer on Death Deed (TODD) to Convey Real Estate Outside of Probate

A Transfer on Death Deed (“TODD”) is a great alternative to transfer Washington real estate and avoid probate. It works equally as well for any Washington property owner, whether a U.S. Citizen, U.S. Tax Resident, or Canadian Non-U.S. Resident.

In 2014, Washington authorized a new way to convey real estate outside of probate. The TODD allows a property owner upon death to transfer their interest in real estate to one or more designated beneficiaries. In order to become effective, however, the TODD must be recorded during the life of the property owner at the County Auditor’s Office where the property is located.

PROS

1. A property owner may name more than one person as a beneficiary. A property owner may even name a contingent beneficiary or class of beneficiaries who receive the real estate if the original beneficiary dies. This alternative may make sense if the property owner believes all the beneficiaries will share equally in the management, care, and expense as future owners of the real estate.

2. Non-Taxable with the IRS until death (and upon death only if subject to federal estate tax).

3. Exempt from Washington State Real Estate Excise Tax.

4. The property owner retains full control and power over the real estate until death. Therefore, the property owner may sell, lease, or otherwise use the real estate. The beneficiaries have no right in the real estate until the owner’s death.

5. Fully revocable if the property owner changes their mind upon recording a revocation at the County Auditor’s office.

6. Merely record the Death Certificate to effectuate the transfer and perfect title in the beneficiary) subject to estate tax compliance, if any.

7. The beneficiary gets a stepped-up basis for capital gains tax purposes, meaning that they assume the fair market value of the real estate at the date of death for future taxable events. Usually, a stepped-up basis is higher in value than the original cost basis in the property. A higher value should help reduce the amount of the capital gain in the event of a future sale.

CONS

1. As the TODD must be recorded at the County Auditor’s Office in order to become effective it also becomes a public record. Therefore, it is possible for a disgruntled family member to discover the TODD if they search the county records where the real estate is located. This situation may be awkward if the disgruntled family member is not a designated beneficiary in the TODD.

2. The TODD may be subject to challenge by an aggrieved heir who may not be a beneficiary.

3. The real estate is subject to possible creditor claims.

4. Not recommended for minor beneficiaries.

The above list is not exhaustive. There are other pros and cons. It is best to coordinate the TODD with the rest of your estate plan to avoid any conflict. Further, other nonprobate methods may also be considered, including a Community Property Survivorship Agreement, Revocable Living Trust, joint tenancy with rights of survivorship (JTWROS), and or other probate avoidance tools and techniques.

With any of the above nonprobate alternatives there may be federal or state estate tax reporting obligations. A tax return may have to be filed. And it may be necessary to obtain a transfer clearance certificate from the IRS or the Washington State Department of Revenue upon death prior to transferring the real estate.

Want more information? Give us a call at 253.858.5434 to set up an appointment today.

There is more to include in your estate plan than just a Will or Trust Agreement to make sure your assets are transferred seamlessly to your heirs upon your death.

Many people believe that having an estate plan simply means drafting a Will or a Trust Agreement. However, there is much more to include in your estate plan to make certain all of your assets are transferred seamlessly to your heirs upon your death. A successful estate plan also includes provisions allowing your family members to access or control your assets, should you become unable to do so yourself.

Most estate plans should include:

* A Will (including guardianship nominations for minor children) and/or Revocable Living Trust

* A Durable Power of Attorney

* Beneficiary designations on nonprobate assets

* A Healthcare Power of Attorney

* A Directive to Physicians (also called a "Living Will")

In addition to these items, a well-thought out estate plan also should consider the purchase of insurance products such as long-term care insurance to cover old age, a lifetime annuity to generate some level of income until death, and life insurance to pass money to beneficiaries without the need for probate.

WILLS AND TRUSTS. A Will or a Trust may sound complicated or expensive -- something only rich people have. That is an incorrect assessment. A Will or Trust should be one of the main components of every estate plan, even if you don't have substantial assets. Wills ensure property is distributed according to an individual's wishes. Some trusts help limit estate taxes or legal challenges. However, simply having a Will or Trust isn't enough. The wording of the document is critically important.

A Will or Trust should be written in a manner consistent with how you've given the nonprobate assets that pass outside of the Will. For example, suppose you've already named your sister as a beneficiary on a retirement account or insurance policy (assets that typically pass outside of a Will to a named beneficiary). In that case, you don't want to give the same asset to a second cousin in the Will because it could lead to a Will contest. Not to mention that both individuals could become bitter toward each other (and you) during a legal battle.

Always name a guardian and a backup guardian for your minor children in your Will. If you do not name a guardian, the court may decide to place your young children with a family member (not of your choice) or even put them in the state's custody.

DURABLE POWERS OF ATTORNEY. It's essential to draft a Durable Power of Attorney (DPOA), so an agent or a person you assign will act on your behalf when you cannot do so yourself. Absent a DPOA, a court may be left to decide what happens to your assets if you are found to be mentally incompetent, and the court's decision may not be what you wanted.

This document can give your agent the power to buy and sell real estate, enter into financial transactions, and make other legal decisions as if they were you. This type of DPOA is revocable by the principal at a time of their choosing, typically when the principal is deemed to be physically able, mentally competent, or upon death.

In many families, it makes sense for spouses to set up reciprocal DPOAs. However, it might make more sense in some cases to have another family member, friend, or a trusted advisor who is more financially savvy act as the agent.

BENEFICIARY DESIGNATIONS. As noted earlier, a number of your assets can pass to your heirs without being dictated in the Will (e.g., 401(k) plan assets). This is why it is important to maintain a beneficiary — and a contingent beneficiary — on such an account. Insurance plans should contain a beneficiary and a contingent beneficiary as well because they might also pass outside of a Will.

Named beneficiaries should be over the age of majority and mentally competent. If they aren't, a court may end up getting involved in the matter.

HEALTHCARE POWER OF ATTORNEY. A Healthcare Power of Attorney (HCPOA) designates another individual (typically a spouse or family member) to make important healthcare decisions on your behalf in the event of incapacity. If you are considering executing such a document, you should pick someone you trust, who shares your views, and who would likely recommend a course of action you would agree with. After all, this person could literally have your life in their hands. A backup agent should also be identified if your initial pick is unavailable or unable to act at the time needed.

DO I NEED AN ESTATE PLAN? If you own a house and/or have kids, you should have an estate plan. Estate planning can be done no matter what your financial status as it includes important information like naming guardians for your underage children and ensuring your assets go to your named beneficiaries.

WHAT HAPPENS IF I DIE WITHOUT A WILL? If you die without a Will, state law will determine who will inherit your possessions and assets.

THE BOTTOM LINE. A Will is a great place to start, but it's only the beginning. There is more to estate planning than deciding how to divvy up your assets when you die. It's also about making certain your family members and other beneficiaries are provided for and have access to your assets upon your temporary or permanent incapacity.

If you have estate planning questions or are interested in talking about making a Will, Durable Power of Attorney, or other documents, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

"Testamentary capacity" is required to execute a valid Will. So what is "testamentary capacity"?

Testamentary capacity is another way of describing the soundness of mind required of a “testator,” which is the term for a person who executes a Will. Testamentary capacity is a requirement to execute a valid Will in Washington. In Washington, testamentary capacity can be considered met when the following occurs:

"[A] person is possessed of testamentary capacity if at the time he assumes to execute a will he (or she) has sound mind and memory to understand the transaction in which that person is then engaged, to comprehend generally the nature and extent of the property which constitutes his estate and of which he is contemplating disposition to recollect the objects of his bounty."

If “lack of capacity” is used as the basis for a contest to a Will, the court would look at evidence of the testator’s mental or physical condition. Then they may examine the physical condition of the testator’s Will itself, as well as a testator’s activity to ascertain whether or not this individual had sufficient capacity at the time they executed the Will. These factors and the evidence being reviewed to evaluate them would be highly subjective when any person whose mental or physical capacity is being questioned.

Testamentary capacity can change from one day to the next.

Let’s say that, for example, an older person with dementia is currently having a “great day” and is demonstrating that they have a clear mind and good memory. In this circumstance, the court could find that this individual had sufficient testamentary capacity – though this would often only be done after careful consideration of all circumstances surrounding the case. Further, any person who has demonstrated some form of impairment to their speech or thought process (or other physical condition) can still possess sufficient capacity to execute a Will effectively.

The requirements to sign a Durable Power of Attorney differ from the requirements for testamentary capacity. Therefore, a person may be capable of signing a Will even if he or she cannot sign a Durable Power of Attorney.

If you find yourself having more questions than answers about testamentary capacity, we would be happy to walk your family through the ins and outs of testamentary capacity and how it could affect your estate plans. Please contact our office at 253.858.5434 to set up a confidential consultation today.

When someone dies without a Will, it can lead to a lot of fighting and arguing among the survivors, and it can also lead to a legal battle. It's important to make a Will before you die.

When a loved one dies, it can be a trying time emotionally for everyone involved. Often times after death, it can also be stressful to figure out the distribution of the deceased person’s assets, property, and belongings. When a person dies without a Will, it can lead to a lot of fighting and arguing among the survivors, and it can also lead to a legal battle. It is extremely important to make a Will before you die if you want your assets distributed a certain way. You should seek the advice of an experienced lawyer to help you prepare your Will and make your asset distribution less stressful for your survivors.

TESTATE OR INTESTATE? When it comes to Wills, there are two words that you may hear a lot: testate and intestate. These two words are used to described people and whether they have a Will or not. If you do have a Will at the time of your passing, then you died testate. If you do not have a Will when you die, then you have died intestate. When you die testate, it makes it much easier for your family and friends to determine what you wanted done with all of your assets, property, possessions, and everything else. If you happened to die intestate, then state law determines what happens to your property, assets, etc.

THE PROBATE PROCESS. In Washington, whether you left a Will or not, and absent the use of some probate avoidance technique like a Revocable Living Trust, the loved ones you have left behind will have to go through the probate process. The probate process can be complex and it is best that you hire a lawyer if you ever have to go through it. The court will need to appoint someone to serve as Personal Representative (formerly called an "Executor") of your estate, and then your property, possessions, and assets will all be distributed based on your Will (if you left one) or according to state law (if you didn't leave a Will). If you didn't leave a Will, the way everything gets distributed and dealt with may be vastly different from what you want, so if you can, make sure to sign a Will.

THE PERSONAL REPRESENTATIVE. When you make the decision to move forward on making a Will, you decide who gets your possessions, assets, and property when you die. The Personal Representative is who you appoint in your Will to carry out the Will’s instructions and organize your estate. It is important to appoint someone you trust, and someone who is responsible and has the ability to carry out the Will’s instructions as you wish. If you die intestate, you leave it up to the court to decide who the Personal Representative of your estate is, and it could be someone who you do not approve of. As long as what is proscribed in your Will is legal, your wishes and asset distribution will be carried out.

We are experienced lawyers who will guide you through the estate planning process and make sure you have your affairs exactly how you want them. We will help you develop a Will that will put your mind at ease. Call us 253.858.5434 today.

Have you prepared an estate plan yet? Estate planning can be a hard topic to bring up, but making sure your affairs are in order is a responsible step for any parent to take.

Have you gotten around to preparing an estate plan yet? It’s best not to wait. If you are a parent or guardian to minor children, you already know that taking care of them is the biggest priority of your life. Whether you’re still in the diaper years with your little ones or your kids are getting braces or learning to drive, there’s a lot that goes into making sure your children are well taken care of.

From college funds or savings accounts to the hopes and dreams you have for their lives -- chances are you’ve given plenty of thought to your child’s future. Planning for the future is part of being a parent. That can mean having a well-prepared estate plan too.

Estate planning can be a difficult topic to bring up to your loved ones, and no one ever wants to assume the worst might happen, but making sure that your affairs are in order is a responsible step for any parent to take.

WHAT IS ESTATE PLANNING? Estate planning can sound very formal and like it’s a formidable task, but it can actually be really simple. Estate planning is the process of setting things to be managed or handled according to your wishes, once you are no longer able to do so. Estate planning documents can cover things like who will make your medical and financial decisions if you’re not able to, and what will happen to your home, bank accounts, and valuable or sentimental belongings in the event of your death.

ESTATE PLANNING AS A PARENT. Just as your life changed when you became mom or dad, your estate planning needs will change when you have children. Though many parents don’t pass on until their children are well into adulthood, there are unfortunate instances when one or both parents die leaving minor children behind. This – maybe more than any other circumstance – is when estate planning is most necessary.

By law, children under the age of 18 cannot make decisions about things like legal contacts and documents, nor can they make legal decisions relating to material or non-material property (real estate, bank accounts, other assets, debts, and inheritance matters). Creating a Will and/or a Trust with minor children involved will bring an additional set of requirements to the table. But with our legal advice, your questions can be answered and a customized estate plan can be created for you and your children that fits your family's situation.

THINGS TO CONSIDER. Every family is unique and each family situation comes with special considerations that will be included in the estate planning process. Some things you may want to think about or talk with your spouse about as you start thinking about your estate plan are:

* Power of Attorney – If you become ill or incapacitated and cannot make your own medical and financial decisions, the person you give power of attorney to will be able to step in and make those decisions for you. A Power of Attorney may be needed temporarily (for example, if a person is temporarily unconscious but later regains consciousness) or at an end-of-life stage. A medical power of attorney gives someone the ability to make your medical decisions, and a financial power of attorney allows them to manage your financial affairs. In Washington, a Power of Attorney can also be given to make health care decisions for your minor child if both parents are incapacitated or otherwise unavailable.

* Potential guardians – Think about who in your child’s life would be able and willing to become their physical and legal guardian. Many times, this person will be a close family member such as a grandparent, an aunt or uncle, or maybe an older sibling, but may also be a friend, step-parent or other person you entrust to care for your child.

* Individual family factors -- The age of your children, age of potential guardians, and many other considerations may factor into your decision. For example, if your children are school aged, would staying in the area be preferable or would moving to another state be the better option? If you have very young children, would the age of a relative affect the care they may need? And, if your child has special needs or health concerns, would the guardian be able to provide the level of care your child would need?

* A Personal Representative – This person will make decisions related to the real estate, personal property, and financial assets that make up your estate. The Personal Representative may be the same person you’ve appointed as guardian, or it may be another person. A Personal Representative will manage the assets of an estate and distribute them to the beneficiaries.

* Assets -- You’ll want to make note of any and all assets you have that you will be leaving to your beneficiaries. Determining how you want things to be handled beforehand can keep things orderly and amicable when it comes time to settle any debts and divide your assets.

* Inheritance ages – If your minor children will be the main beneficiaries of your estate, they can’t officially inherit until they are 18. If there is a large amount of money or other property involved, sometimes the age of inheritance will be delayed or staggered, with the child receiving some or all of their inheritance at – for example -- 21, 25, 30, or later.

MAKING A WILL. Once you have all of your information ready, you’ll want to make a Will. In the Will, you will appoint the Guardian for your minor children, Personal Representative of your estate, Trustee of any Trusts you may create for your kids, and state your wishes for your assets. There may also be state-specific tax and inheritance laws you’ll want to consider when creating a Will.

CREATING A TRUST. Assets may be given directly to beneficiaries or they may be placed into a Trust. There are different types of Trusts you may want to use to hold real estate, money and stocks, or other inheritance for your children. Trusts such as a Spendthrift Trust or a Special Needs Trust can be created for minor children, as can a Family Pot Trust. These types of Trusts allow for medical and education expenses to be paid for the child out of the Trust.

Your family is unlike any other and your estate plan should be customized to fit its needs. We can help you get started on your estate plan. Contact us today at 253.858.5434 to learn more about how we can help.

Handling Creditors' Claims in Probate, Providing Notice to Creditors, Responding to Claims, and Negotiating with Creditors

If you’re the Personal Representative of an estate in a probate matter, you should know that death does not automatically eliminate the decedent’s debts. If you want to understand how to handle creditors in probate, you must learn how to properly provide notice to creditors, respond to creditors' claims, and negotiate with creditors.

COMMON ESTATE CREDITORS. Common estate creditors include the government (the IRS, the Washington State Dept. of Revenue, and the Washington State Dept. of Social and Health Services) and both secured and unsecured debt.

Secured debts are attached to collateral which the lender can seize, sell, and use to pay back the debt if the borrower defaults on payments. Real estate mortgages and car loans are examples of secured debt.

Unsecured debt lacks collateral, like credit card debt and student loan debt. Unsecured debt is a lower priority creditor in an estate administration.

REQUIREMENTS FOR CREDITORS TO MAKE A CLAIM. Under the Uniform Probate Code, creditors must file a claim within the latter of:

(1) Four months after the first date of publication of the Probate Notice to Creditors in a legal newspaper; or

(2) 30 days of the creditor receiving an actual copy of the Probate Notice to Creditors in the mail.

In order for their claim to be valid, the creditor must file the claim with the Court and serve a copy of the claim on the Personal Representative.

HOW TO RESPOND TO CREDITORS' CLAIMS. Certain smaller claims are deemed accepted if the PR takes no action at all. The PR must respond to all other claims in writing. You can allow or reject the claim in whole or in part. You must file the allowance or rejection with the court and send a notice to the creditor with a copy of the allowance or rejection.

Note that if the PR does not have nonintervention powers, the court will have to approve or reject creditor claims.

Rejection of a Creditor's Claim can be contested, but the burden of proof falls to the contestant.

NEGOTIATING WITH ESTATE CREDITORS. If the estate has funds to pay the debts and creditors have filed a claim, you may wish to negotiate the debts to preserve the maximum amount for the heirs or beneficiaries. The first step to negotiating with creditors is to verify that the debt is authentic. Not all apparent debts are equally valid. Confirm that the supposed claim wasn’t previously paid by the decedent before their death. Sometimes companies don’t keep perfectly accurate records. Fraud does happen occasionally when false claims are made, so be careful to ensure that all claims are accurate.

Next, prepare a settlement offer. Contact the creditor and present the settlement offer as Personal Representative of the estate. Once you reach an agreement, get the settlement agreement in writing.

Once received, send the payment via certified mail along with a copy of the written agreement and a Receipt and Release for the creditor to sign and for you to file with the Court. Remember to request a return receipt so you have proof of delivery. Keep a copy of the payment and settlement for your records in case the creditor or a collection agency claims the debt was never paid.

INVOLVENT ESTATES. If the estate’s debts are greater than its assets, it is said to be “insolvent." If insolvent, not all debtors are going to be paid back in full. Where an estate is insolvent that court requires that all creditors who have filed a valid claim will get paid under a pro-rata division of the estate assets.

There are many factors to consider when handling creditors in a probate matter. If you’re the Personal Representative of an estate with significant debts, you may wish to consider hiring an experienced lawyer. They can help you observe all deadlines, meet the legal requirements, and negotiate with creditors. If you need help handling creditors in a probate, feel free to contact our office at 253.858.5434 to set up an appointment today.

Personal injury settlement amounts vary widely, and a case's value depends on many factors unique to the specific facts of the case.

Personal injury settlement amounts vary widely, and a case’s value depends on many factors unique to the specific facts of the case. People hear about jury verdicts reaching into the millions, but these are very rare cases that attract a lot of attention because they’re extraordinary. The truth is that a large majority of cases settle well before a trial, so the parties don’t have to endure long, arduous, and unpredictable jury trials.

We have extensive experience securing significant injury awards for injury victims. We provide clients with the information they need to make informed decisions about their cases. We handle all aspects of personal injury claims, including insurance negotiations, settlement agreements, litigation, and appeals. With our help, you can pursue a claim to hold the party responsible for your injuries legally accountable.

FACTORS AFFECTING YOUR PERSONAL INJURY SETTLEMENT VALUE. A number of factors affect the amount a victim obtains from a personal injury settlement, not the least of which is the extent of damages and injuries. After an auto collision, a victim’s goal usually includes getting back to their regular life. The purpose of compensation is to put victims in the same position they were in before the collision, or as close to it as possible. Determining that amount relies on quantifying a victim’s economic and non-economic damages.

ECONOMIC DAMAGES. Economic damages refer to the quantifiable monetary losses the victim incurred. These damages include direct expenses such as the victim’s:

* Medical treatment costs;

* Lost wages and benefits; and

* Property damage.

Medical expenses can include the cost of their onsite treatment, airlift or ground transportation to a hospital, and emergency treatment. Additionally, injury victims should be compensated for any rehabilitation or future medical treatment they need. However, insurance companies are often hesitant to include this compensation without compelling evidence.

The victim’s lost wages can be harder to calculate. In addition to missed work, the victim may experience lower productivity or even be unable to perform the job they had before the collision. An experienced lawyer can assist victims in maximizing their economic damages.

NON-ECONOMIC DAMAGES. After a severe auto collision, a person’s most tremendous losses may have nothing to do with direct financial costs. Non-economic damages refer to a host of losses that fall under the umbrella of “general damages.” These intangible losses include pain and suffering, mental anguish, humiliation, loss of enjoyment of life, disability, disfigurement, inconvenience, and more. Proving non-economic damages is critical to a full and fair recovery. However, these damages require you to tell a compelling story about how the incident impacted your life.

PUNITIVE DAMAGES.

Unlike other states, like Idaho, Washington does not permit punitive damages. Punitive damages are designed to punish the at-fault party for their conduct. However, Washington’s Supreme Court has explained that these damages are only authorized by statute. While Washington law prohibits punitive damages, a skilled attorney can help victims secure a settlement agreement that fully compensates them for their injuries.

CALCULATING DAMAGES AND SETTLEMENT AMOUNTS. Determining the value of a settlement requires examining the components of the case. The total value involves the sum of economic and non-economic damages. Calculating economic damages is typically straightforward because you simply have to gather all receipts, invoices, and pay stubs and add everything up. However, non-economic damage is calculated differently.

The multiplier method is a common way to calculate less tangible, non-economic losses. To calculate damages under this method, an attorney may add up a victim’s economic damages and apply a multiplier to arrive at an approximate settlement value. The multipliers range from 1 to 5, depending on the severity of the injuries.

Some circumstances warrant a higher multiplier. These include collisions resulting in broken bones, traumatic brain injuries, and spinal cord damage. Further, injuries requiring significant follow-up or costly specialists may increase the multiplier. On the other hand, a multiplier may be lower in cases where there are only connective tissue injuries that were treated with chiropractic and massage and possibly physical therapy, no medication, no visible scars, or expenses for diagnosis rather than treatment.

In addition to the multiplier method, a settlement amount may depend on the effect of the injury on the particular victim. For example, a young teenager who suffers a scar on their face may experience more pain and suffering than another victim. Other considerations may impact a settlement claim. These factors include witness credibility, medical records, whether the injury victim actively participated in their treatment, pre-existing conditions, and the at-fault party’s admissions.

HOW A LAWYER CAN HELP VALUE A CLAIM. Only you know the true impact that an injury had on your life. However, a skilled lawyer can help you reach an agreement with the insurance company that fairly compensates you for what you’ve been through. For example, lawyers understand what motivates an insurance company to offer a fair settlement figure. The stronger the case you can present, the more likely the insurance company will fear losing at trial. This is the primary motivation for the insurance company to settle the case. A skilled lawyer can evaluate your case, gather compelling evidence, and present a strong case to the insurance company.

Although some injury victims choose to settle a case without a lawyer, those who place too low or too high a value on a case may find themselves at a disadvantage. Underestimating your damages leaves money on the table and placing too high a value on your claim may make settlement impossible. An experienced lawyer can help you come up with a fair settlement amount that is supported by the evidence.

If you’ve been injured in an auto collision and want to learn more about how to determine the settlement value of your claim, contact us at 253.858.5434. We offer all prospective clients a free consultation, during which we explain the process in clear, understandable terms. To learn more and to schedule a free consultation today, reach out to us today. Calling is free, and we will not bill you for our services unless we recover compensation on your behalf.

A Durable Power of Attorney allows you to appoint someone to act in your place for financial purposes if and when you ever become incapacitated.

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

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

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

A Power of Attorney may also be either effective immediately or "springing." Most Powers of Attorney take effect immediately upon their execution, even if the understanding is that they will not be used until and unless the grantor becomes incapacitated. However, the document can also be written so that it does not become effective until such incapacity occurs. In such cases, it is very important that the standard for determining incapacity and triggering the Power of Attorney be clearly laid out in the document itself, e.g., written certification by two treating physicians the principal is incapacitated.

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

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

If you have questions about Powers of Attorney or other estate planning documents, give us a call at 253.858.5434 to set up an appointment today.