When you move to a new state, you need to make sure your estate planning documents comply with your new state's laws.

If you are moving to a new state, you surely have many thoughts and concerns on your mind, but don't let your estate planning documents fall through the cracks. The good news is you've already handled the hard part in getting these docs together. And to be clear, there's no reason you need to start all over again with a new estate plan. You do, however, need to make sure that your Will, Revocable Living Trust, Directive to Physicians ("Living Will"), Power of Attorney, and any other estate planning document you may have comply with your new state's laws — and that these documents all still do what you intend for them to do.

LAST WILL AND TESTAMENT. Every state has different requirements for the execution of Wills, but the good news is that most states accept out-of-state Wills that were properly executed according to that state's laws. But that doesn't mean you're off the hook on making sure your Will still achieves what you want it to achieve:

* Personal Representative. One big consideration is whether your chosen Personal Representative can serve in that capacity in your new state. Although most states allow out-of-state PRs to serve, they may have special requirements for them to fulfill, such as posting a bond to ensure they will follow the new state's laws and procedures. Many states, like Washington and Idaho, require an out-of-state PR to appoint an in-state agent to accept legal documents for the estate.

* Marital Property. If you are married, something else to investigate is how your state treats marital property. Community property states treat marital property as being owned jointly, whereas spouses in common law states own property that is in his or her name. If you are moving to a community property state and you had previously lived in a common law state (or vice versa), your Will may not handle your property as you would like and you may need to create a new Will to reflect your wishes.

* Probate. Probate (the court-supervised process of distributing a decedent's estate) also varies greatly by state. You will want to make sure your Will still handles the issue of probate effectively, which may require some tweaking of the Will's language or even drafting another Will or other estate planning documents.

REVOCABLE LIVING TRUST. If you have a Revocable Living Trust, it should still be valid in your new state, or in any state for that matter. The main consideration with your Trust when you move is to make sure it is funded with all of the assets you want to pass directly to a beneficiary. If you've bought a new home, for instance, you may want to revise your Revocable Living Trust.

DIRECTIVE TO PHYSICIANS ("LIVING WILL"). A Directive to Physicians — which states your wishes regarding medical care should you be unable to communicate them — is usually applicable across state lines, but it's not a guarantee. Some states don't even address the concept within their statutes, making it especially hard to be sure whether an out-of-state Directive will be honored.

Because each state has its own forms, provisions, and language, your best course of action is either to be absolutely sure your documents will be valid if/when you need them or simply to draft new ones according to your new state's laws.

POWER OF ATTORNEY. Similar to Wills, most states will recognize and honor Powers of Attorney, including Durable Powers of Attorney and Health Care Powers of Attorney, that were executed out of state so long as they met the legal requirements of that state. It is not automatic, however, so you should check to make sure yours will still be valid. For practical reasons as well as convenience, though, you may want to consider having a Power of Attorney that is located in your new state.

BENEFICIARY DESIGNATIONS. In addition to the above estate planning documents, many people also have life insurance policies, retirement and pension accounts, or pay-on-death (POD) or transfer-on-death (TOD) accounts within their estate plan. All of these provide that the benefits transfer directly to the named beneficiary or beneficiaries. These policies and accounts shouldn't be affected by your move to another state, but you do need to ensure that your personal information, including your new address, is correct.

A GOOD TIME TO UPDATE. As with any major life change, your move is a perfect time to make sure you have all your estate planning documents in order. An estate planning lawyer in your new state can be a big help in determining whether your docs are still in good shape.

Even if you don't think laws in your new state will affect what you've already put together, it's still a good time to make sure all the names and numbers are up-to-date and that you've included all the property and individuals you want included in your estate plan. Investing a little time now could save your loved ones a whole lot of hassle later.

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

"Premises liability" cases deal with injuries that occur on someone else's property and usually occur because of some dangerous condition.

When you suffer an injury due to an incident on someone else’s property, don’t assume the insurance company will cover the cost of your medical bills. Often their offers are far lower than what you need to get well. Often they deny your claim altogether and assert that you are at fault.

When such a situation occurs, give us a call. We have represented injured people for more than 20 years. We work on your behalf to get a fair settlement. We have experience in all aspects of personal injury practice, including reading medical reports, applying the law, and fighting to get you what you deserve.

WHAT KINDS OF INCIDENTS? Premises liability deals with injuries that occur on either private or public property. The injury usually occurs because of some dangerous condition that you were not aware of before the incident, but that the property owner knew about and failed to correct.

Property owners have a responsibility to ensure their invited guests are reasonably safe while on the property. This means they usually need to take steps to repair defects on the property. For example, if a guest slips and falls on the sidewalk because the owner didn’t de-ice the ground, the owner could be found negligent, which is where a lawyer comes in.

Other common sources of injury on private or public property include:

* Swimming pools

* Trampolines

* Staircases, elevators, and escalators

* Poor building security

* Broken or uneven floors

* Toxic materials

Remember that the existence of these elements does not automatically mean the property owner was negligent. We examine the situation and determines whether or not the owner knew of the problem and refused to take steps to remedy the situation. Figuring out who was at fault for your injury is an important step towards getting you compensation.

If you need an experienced lawyer to take your case, reach out to schedule an appointment today. We will meet with you quickly to review your claim. Reach our Gig Harbor office at 253.858.5434.

As a Trust beneficiary, you may feel that you're at the mercy of the Trustee, but depending on the type of Trust, beneficiaries have rights to ensure the Trust is properly managed.

As a Trust beneficiary, you may feel that you are at the mercy of the Trustee, but depending on the type of Trust, beneficiaries have rights to ensure the Trust is properly managed.

A Trust is a legal arrangement through which one person, called a "Trustor," "Settlor," or "Grantor," gives assets to another person (or an institution, such as a bank, trust company, or law firm), called a "Trustee." The Trustee holds legal title to the assets for another person, called a "beneficiary." The rights of a Trust beneficiary depend on the type of Trust and the type of beneficiary.

If the Trust is a Revocable Trust — meaning the person who set up the Trust can change it or revoke it at any time -- the Trust beneficiaries other than the Settlor have very few rights. Because the Settlor can change the Trust at any time, they can also change the beneficiaries at any time. Often a Trust is revocable until the Settlor dies and then it becomes irrevocable. An Irrevocable Trust is a Trust that cannot be changed except in rare cases by court order.

Beneficiaries of an Irrevocable Trust have rights to information about the Trust and to make sure the Trustee is acting properly. The scope of those rights depends on the type of beneficiary. Current beneficiaries are beneficiaries who are currently entitled to income from the Trust. Remainder or contingent beneficiaries have an interest in the Trust after the current beneficiaries' interest is over. For example, a wife may set up a Trust that leaves income to her husband for life (the current beneficiary) and then the remainder of the property to her children (the remainder beneficiaries).

State law and the terms of the Trust determine exactly what rights a beneficiary has, but following are five common rights given to beneficiaries of irrevocable trusts:

PAYMENT. Current beneficiaries have the right to distributions as set forth in the Trust document.

RIGHT TO INFORMATION. Current and remainder beneficiaries have the right to be provided enough information about the trust and its administration to know how to enforce their rights.

RIGHT TO AN ACCOUNTING. Current beneficiaries are entitled to an accounting. An accounting is a detailed report of all income, expenses, and distributions from the Trust. Usually, Trustees are required to provide an accounting annually, but that may vary, depending on the terms of the Trust. Beneficiaries may also be able to waive the accounting.

REMOVE THE TRUSTEE. Current and remainder beneficiaries have the right to petition the court for the removal of the Trustee if they believe the Trustee isn't acting in their best interest. Trustees have an obligation to balance the needs of the current beneficiary with the needs of the remainder beneficiaries, which can be difficult to manage.

TERMINATE THE TRUST. In some circumstances, if all the current and remainder beneficiaries agree, they can petition the court to end the Trust. State laws vary on when this is allowed. Usually, the purpose of the Trust must have been fulfilled or be impossible.

If you are the beneficiary of a Trust and have questions about your rights, give us a call at 253.858.5434 to find out how we can help. We proudly represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Pets are part of the family! What happens to your pet when you die? Is there anything you can do to ensure your pet will be taken care of in your Will? In Washington, the answer is yes!

Pets are a part of the family! What happens to your pet when you die? Is there anything you can do to ensure that your pet will be well taken care of in your Will? Here in Washington, the answer, fortunately, is yes! RCW Chap. 11.118 sets forth Washington law governing Trusts for pets in estate planning. By including a Trust for your pet in your Will, you can name a caretaker to care for your pet as well as appoint a Trustee who will take care of the money you leave for your pet's care and also establish how the money should be spent for your pet’s care. We have prepared several Wills over the years that include Trusts for clients' pets.

Our office will work with you to help you select an appropriate Trustee, who will ideally be someone you trust completely and who also has a strong relationship with your pet. We can also assist you in determining the distribution amount, considering factors such as your past spending history regarding your pet’s care, the age and health of your pet, and also that pets tend to require more expensive veterinary care as they get older.

We will also encourage you to communicate with your Trustee and alternates, both verbally and in writing, in terms of what they need to know to take good care of your pet – types of food, name and contact information of your veterinarian, health history and concerns, preferred treats, additional services (massage, acupuncture, etc.), feeding times, spots where your pet likes to be petted, etc.

If you decide that you don’t need or want a Trust for your pet in your Will, we can recommend some alternatives for you to make sure that your pet will be well taken care of during the estate planning process. Together, we can work through this issue to help ensure that your very loved pet will be well taken care of if anything ever happens to you.

Give us a call at 253.858.5434 if you have questions about incorporating care for your pets into your estate plan.

Where you're setting up your small business, there are three necessary members you need on your team: a financial advisor, an accountant, and a lawyer.

When you are finally ready to set up your small business, there are three necessary members you need on your team. And that is a lawyer, a financial advisor, and an accountant. Unfortunately, people tend to overlook hiring a lawyer because they think they can handle all the legalities independently, but more times than not, they are mistaken. A lawyer is very important when setting up a new business and providing you with the necessary legal advice.

SETTING UP YOUR COMPANY. Not all companies are the same. Options to create a company can include sole proprietorships, general partnerships, joint ventures, limited partnerships, limited liability companies, and corporations. Each type of company has pros and cons, rules, and terms that a lawyer will know, and can streamline the process for you.

TAX COMPLIANCE. All businesses, big or small, must pay taxes. A lawyer will know the tax advantages and disadvantages for each type of company. They will be able to help the owners pay their dues on time and avoid unnecessary tax fines.

CONTRACTS. If you plan to hire employees for your business or provide services to customers, you must formulate solid contracts. A lawyer can help create contracts that will protect your company and avoid unnecessary problems down the road. Contracts can also help protect a company’s business, including confidential information, formulas, recipes, etc.

AVOIDING LAWSUITS. Through drafting contracts and adhering to state requirements, lawyers help your company avoid potential lawsuits. Your lawyer is the voice of reason that knows the law and does their research to ensure every decision reached stays on the lawful side of things.

FIGHTING LAWSUITS. Let’s say that you are already in a legal fix; what do you do? You get a lawyer ASAP! If you do not have one already, they are your best bet to beat the system and regain control. Even if you are the one in the wrong, a lawyer helps you negotiate your way to fixing things within reasonable constraints.

You need a lawyer if you want your company to grow, flourish, and be protected. A lawyer is an asset for your small enterprise. Contact us today at 253.858.5434 to get more information! We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Choosing people for the fiduciary roles within your estate plan should be done with great care because appointing the wrong person can have a detrimental effect on the overall success of your plan.

Creating a comprehensive estate plan requires you to make numerous important decisions. Although many of those decisions are directly related to the distribution of your estate assets after you are gone, not all of them are. In fact, some of the most influential decisions you will make within your estate plan are often the ones people spend very little time making. These are decisions related to fiduciary roles within your plan. Choosing people for the fiduciary roles within your estate plan should be done with great care because appointing or nominating the wrong person can have a detrimental effect on the overall success of your plan.

WHAT DOES IT MEAN TO BE A FIDUCIARY? A fiduciary is a person who holds a legal or ethical relationship of trust with another person or a group of people. Put another way, a fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances that give rise to a relationship of trust and confidence. Furthermore, a fiduciary duty is the highest standard of care in equity or law. A fiduciary is expected to be extremely loyal to the person to whom they owe the duty and must not profit from the position as a fiduciary. A fiduciary can receive a fee for services; however, they should not profit at the expense of the other party.

TIPS FOR CHOOSING YOUR FIDUCIARIES. Although every estate plan is unique, most have at least one fiduciary role within the plan and most have several fiduciaries. When you are deciding who to appoint to these fiduciary roles within your estate plan, considering the following tips:

* Personal Representative – When you create your Will, you will appoint a Personal Representative. Your Personal Representative is responsible for overseeing the administration of your estate during the probate process. Appoint someone who:

-- Will not be so overwhelmed with grief that they cannot focus on what needs to be done.

-- Lives close enough to be able to secure and manage the property while the probate process is going on and can handle the distribution of your assets at the end of the process.

-- Is good at conflict resolution.

-- Will not hesitate to seek assistance from professionals if it is needed.

* Trustee – If you incorporate a Trust into your estate plan, you will need to appoint a Trustee. Your Trustee will manage and invest Trust assets as well as administer the Trust and make distributions using the terms you created. Appoint someone who:

-- Has a financial and/or legal background, or who understands that they should hire a professional to advise them.

-- Does not have any conflicts with beneficiaries.

-- Lives close to any real estate held by the trust.

-- Is willing to serve in the position.

* Agent in a Durable Power of Attorney – A Power of Attorney allows you to appoint an Agent who will have the legal authority to act on your behalf in legal and financial matters. A POA can be general or limited. If you create a general POA, appoint an Agent who:

--You trust unconditionally.

-- Has the ability to handle challenges to their authority because some third parties will likely question your Agent’s authority.

* Agent in a Healthcare Power of Attorney – A Healthcare Power of Attorney allows you to appoint an Agent to make healthcare decisions for you if you are unable to make them yourself because of your incapacity. Appoint an Agent who:

--Knows you well enough to know what decisions you would likely make.

-- Will be able to understand the often-complicated medical jargon and explanations.

-- Is able to remain calm under pressure and make difficult decisions

CAN I APPOINT MY SPOUSE AS A FIDUCIARY? You can appoint anyone you wish to a fiduciary position; however, sometimes there are cases where it's not in your best interest (or your spouse's) to appoint your spouse to a fiduciary role.

WHAT HAPPENS IF I FAIL TO APPOINT SOMEONE TO A FIDUCIARY POSITION? It depends on the position, but it often means that a court will be forced to appoint someone for you without your input.

CAN I APPOINT CO-FIDUCIARIES OR SUCCESSOR FIDUCIARIES? You can — and should — appoint successor or alternate fiduciaries. You can often appoint more than one person to a fiduciary position; however, doing so can create additional confusion. Talk to your estate planning lawyer before appointing co-fiduciaries.

If you have additional questions about how to pick fiduciary roles within your estate plan, contact us by calling 253.858.5434 to schedule an appointment. We proudly represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

The Downside to Keeping Your Important Documents in a Safe Deposit Box

We have discussed this issue several times in the past and during many conferences with clients. Basically, unless you have valuables that must be stored in a lock box at a bank, we do not recommend using safe deposit boxes.

As banks have become larger and larger, they have become harder and harder to deal with when a decedent has a safe deposit box. Many banks are requiring Letters Testamentary, court orders, or similar documents in order to surrender the contents of a safe deposit box, even if it was joint and there is a surviving spouse. This is true even if you can prove by a bill of sale or other documentation that you own the property in the box.

The concern of banks is that they may turn over valuable contents to the wrong party. For certain items such as Wills, life insurance policies, and deeds to cemetery plots, they can turn these over to certain individuals upon proof of death and the relationship of the individual to the decedent. For other items in the safe deposit box, it is not so easy. By requiring Letters Testamentary or similar documents, they are asking for you to open up a probate estate and have a Personal Representative appointed. This can be an unnecessary multi-thousand dollar task. Probating a Will and getting a Personal Representative appointed requires administration of the estate through the court.

In order to avoid the issues, you should not have a safe deposit box unless you have items such as valuable jewelry, gold, silver, etc. that need to be locked up and you do not have an adequate home safe. If you must have a safe deposit box at a bank, then make sure a trusted family member or friend also has access to it.

If you have questions about accessing a decedent's safe deposit box, or any other probate or estate planning questions, give us a call at 253.858.5434 to see how we can help. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

How do lawyers put a dollar value on a personal injury case? What constitutes a fair (or even acceptable) amount of money to settle your case?

The vast majority of personal injury cases settle out of court. Litigation -- the process of taking a personal injury lawsuit through the civil court system -- is a costly proposition with no guarantee of a good result. Most lawyers generally recognize that reaching a reasonable settlement is vastly preferable to the court-based process. But how do they put a dollar value on a personal injury case? What constitutes a fair (or even acceptable) amount of money to settle your case?

THE CONCEPT OF "DAMAGES." In personal injury law, "damages" (your injuries and losses) form the basis of calculating the amount of money appropriate to compensate you. You cannot appropriately value a personal injury case unless you understand what damages are available in your case.

There are three basic types of damages: economic, non-economic, and punitive (in Idaho, but not in Washington, where we do not recognize punitive damages). In nearly every personal injury case, economic and non-economic damages are at issue. Punitive damages -- those being damages designed purely to punish an egregiously negligent party -- are generally available only in specific instances, and generally aren't part of settlement calculations in most cases.

Economic damages are quantifiable expenditures or financial losses that can be directly attributed to the injury suffered, and to the underlying incident. Economic damages can be relatively easy to calculate, particularly if you are diligent about keeping thorough records of all you spend or lose (including wages) due to your injury.

Non-economic damages are the proverbial "pain and suffering" damages and are designed to compensate you for any emotional or psychological toll your injuries have taken on your life. While economic damages may be subject to some negotiation, placing a value on them is relatively easy. Not so much with pain and suffering.

Determining what to demand in non-economic damages requires a combination of research, experience, and honest assessment. While every injured party would like a seven-figure sum regardless of the injury, the simple truth is that insurance companies (who are likely paying any settlement) only have so much money to pay under their policies.

An experienced lawyer will know how certain insurance companies work, and will generally have some idea of how much money, in total, is available. A little research can go a long way toward determining what juries have awarded in similar cases, which can also inform a demand. Finally, an honest assessment of the value of the case -- and the dollar amount you consider to be fair compensation -- will help frame any settlement demand. As such, an auto collision with minor bumps and bruises will likely settle for far less than a collision that results in permanent disability.

FRAMING A DEMAND. Once you understand the damages available, as well as the amount of potential settlement money available, your lawyer will frame a demand and formalize it in a demand letter.

A demand should always leave room for negotiation, so it is a smart idea to ask for a sum greater than your "bottom line" number. When framing your demand, you simply add up your economic damages and any monetary compensation for pain and suffering you feel you deserve. The defendant or insurance company will then begin to negotiate that number down.

Depending on the strengths and weaknesses of your case, or the time frame in which the demand is made, a counteroffer may be significantly lower than your initial demand. This is normal. Insurance companies are always looking for discounts for early resolution of cases and will magnify any perceived weaknesses in your case in an attempt to obtain a settlement agreement for as little money as possible.

The negotiation process can be a matter of a few phone calls between lawyers, or can involve mediators, facilitators, and even judges. Courts prefer that cases settle prior to trial and will often bring any and all resources at their disposal to bear to ensure that a case settles. The value you place on your case can directly impact how settlement negotiations are handled. In fact, injured parties sometimes make extremely high demands to force unwilling defendants into mediation or facilitation.

THE REAL VALUE OF YOUR CASE. Only you, as an injured person, can know the true value of a case. But when placing a settlement value on a personal injury claim, it is important to keep in mind that the ultimate goal is recovery and that recovery requires compromise.

If you have a particularly strong case, where the facts are not in dispute and liability is relatively clear, you are likely in a position to place a high value on your case and still settle. However, for every crack and weakness in the facts of your case, your demand will likely be reduced accordingly. If you enter negotiations with these facts in mind and are mentally and financially prepared to receive fair compensation as opposed to a windfall, you and your lawyer should be able to place a value on your case that will lead to a satisfactory settlement.

If you have questions about a personal injury matter, give us a call at 253.858.5434 to set up an appointment for a free consultation today.

Gifting assets to your grandchildren can do more than help them get a good start in life -- it can also reduce the size of your estate and any estate taxes that will be due upon your death.

Gifting assets to your grandchildren can do more than help your descendants get a good start in life — it can also reduce the size of your estate and any estate taxes that will be due upon your death. The simplest approach to gifting is to give the grandchild an outright gift. You may give each grandchild up to $16,000 a year (in 2022) without having to report the gifts. If you’re married, both you and your spouse can make such gifts. For example, a married couple with four grandchildren may give away up to $128,000 a year with no gift tax implications. In addition, the gifts will not count as taxable income to your grandchildren (although the earnings on the gifts if they are invested will be taxed). Just remember that any gift can interfere with Medicaid eligibility.

But you may have some misgivings about making outright gifts to your grandchildren. There is no guarantee that the money will be used in the way you may have wished. Money that you hoped would be saved for educational expenses may instead be spent on a fact-finding mission to Scottsdale. Fortunately, there are a number of options to protect against misuse of the funds by grandchildren:

* You can pay for educational and medical costs for your grandchildren. There’s no limit on these gifts, meaning that you can pay these expenses in addition to making annual $16,000 (in 2022) gifts. But you have to be sure to pay the school or medical provider directly.

* You can make gifts to a custodial account that parents can establish for a minor child.

* You can create a Trust and transfer money into the Trust established to benefit a grandchild.

* You can reduce your taxable estate while earmarking funds for the higher education of a grandchild through the use of a “529 plan" account.

* You can use other gift vehicles like IRAs and savings bonds.

To determine the best way to provide for your grandchildren, contact us at 253.858.5434 for a consultation. We proudly represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Some of the decisions that impact the success or failure of an estate plan are frequently done without much thought -- including decisions relating to choosing fiduciaries throughout your estate plan.

Although you may not realize it, some of the decisions that impact the success -- or failure -- of an estate plan are frequently made without giving them much thought. Those decisions are the ones that relate to choosing fiduciary roles throughout your estate plan.

WHAT IS A FIDUCIARY? A fiduciary is a person who holds a legal or ethical relationship of trust with another person or a group of people. Put another way, a fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a relationship of the utmost trust and confidence. Furthermore, a fiduciary duty is the highest standard of care in equity or law. A fiduciary is expected to be extremely loyal to the person to whom they owe the duty and must not profit from the position as a fiduciary. A fiduciary can receive a fee for services; however, they should not profit at the expense of the other party.

FIDUCIARY ROLES WITHIN AN ESTATE PLAN. Although every estate plan is unique, the average plan will have more than one fiduciary role within the plan. The most common examples of fiduciary roles in an estate plan include:

* Personal Representative — When you create your Will, you will be required to appoint a Personal Representative (formerly called an "Executor") who is responsible for overseeing the administration of your estate during the probate process.

* Trustee — If your estate plan includes creation of a testamentary Trust in your Will or a Revocable Living Trust Agreement, an Irrevocable Life Insurance Trust, a Grantor Retained Interest Trust, a Charitable Remainder Trust, a Qualified Personal Residence Trust, a Qualified Domestic Trust, or any other kind of Trust into your estate plan, you will need to appoint a Trustee. Your Trustee will manage and invest trust assets as well as administer the Trust Agreement using the terms you created.

* Agent in a Power of Attorney – When you create a Power of Attorney you must appoint an Agent (or "attorney-in-fact") who will have the legal authority to act on your behalf in legal matters .

* Health Care Agent – If you create a Health Care Power of Attorney, you will need to appoint an Agent to make healthcare decisions for you if you are unable to make them yourself because of your incapacity.

HOW TO APPOINT THE RIGHT FIDUCIARY. Appointing the wrong person to a fiduciary role is among the most common estate planning mistakes. To help prevent you from making a mistake, ask yourself the following five questions when choosing a fiduciary:

* Do they have the necessary skills/experience? Not all fiduciary roles require special skills, but some do. A Trustee, for example, should ideally have a legal and/or financial background.

* Is this someone I trust implicitly? A fiduciary typically makes extremely important decisions as well as handles valuable assets. You must be able to trust a fiduciary unquestionably.

* Will this person be capable of fulfilling the role? Does the person live close enough? Will their job allow sufficient time to perform the duties required? Will the person be able to set aside emotions and think clearly when necessary?

* Is this person willing to accept the appointment? Never assume that someone is willing to be your Personal Representative, Trustee, or Agent. Always ask them directly before appointing them.

* Does appointing this person create any conflicts? There are numerous potential conflicts in an estate plan. For example, if your Trustee has an existing personal relationship with one beneficiary but not with the others, it can create a conflict.

If you have questions about appointing fiduciaries in your estate plan, or have estate planning questions in general, 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.

Our law firm provides full-service legal advice and representation to nonprofit organizations doing business in Washington and Idaho and to charitable donors and philanthropists.

Our law firm provides full-service legal advice and representation to nonprofit organizations doing business in Washington and Idaho and to charitable donors and philanthropists. We assist charitable organizations with planning, programming, governance, employment, facilities, tax, and contract negotiation and enforcement. We also assist individuals in developing tax-advantaged charitable giving plans. Our lawyers also serve as board members and officers of prominent local nonprofit organizations. We also provide counseling, transactional, and dispute resolution services in an efficient and practical manner.

We are experienced in providing the following services:

* Formation and Qualification. Formation and qualification of IRC § 501(c)(3) and 501(c)(7) organizations.

* Tax, Corporate, and Finance. We advise exempt organizations on issues relating to their tax status. We assist with mergers, acquisitions, joint ventures, financing, bridge loans, and issues related to for-profit and nonprofit subsidiaries.

* Governance. We assist boards of directors in the development, refinement, and updating of corporate documents and the formulation and implementation of best practices policies.

* Facilities. We assist in the leasing, planning, and operation of headquarters buildings and program facilities.

* Employment. We assist organizations by designing and reviewing employee handbooks and policies, conducting management training, and advising on compliance matters. We help negotiate and prepare executive employment agreements and advise on the administration of retirement, health, deferred compensation, and other employee benefit plans.

* Philanthropy. Our donor-related charitable planning activities range from structuring tax-advantaged gifts to establishing family foundations, charitable trusts (including both charitable remainder and charitable lead trusts), donor advised funds, restricted fund agreements, and supporting organizations.

* Civic, Pro Bono, and Support Activities. We provide a substantial number of hours of pro bono legal services to dozens of individuals and to several nonprofit organizations.

If you are part of a nonprofit organizations and need legal advice, please 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.

Divorce is a major life change. One thing that often gets overlooked in divorce proceedings is the importance of reworking your estate plan.

Creating an estate plan is essential regardless of the size or nature of your estate. When making your plan, your lawyer undoubtedly told you to revisit it regularly, especially after critical life changes. Divorce is one such change. Separating two intertwined lives is never easy, emotionally or financially. You must face significant changes in your relationship with your spouse, kids, in-laws, and shared friends. Major financial changes are also on your mind. But one thing that is often overlooked in the midst of divorce proceedings is the importance of protecting assets from divorce by reworking estate planning documents.

Luckily, the Washington State Legislature recognizes that many people fail to revisit their estate plans post-divorce. Therefore, it has created laws that help ensure that your ex spouse won’t inherit after you die. And while that provides a modicum of relief, it is risky to rely on such laws.

WASHINGTON STATE LAW. Any estate plan created while you’re married likely names your spouse as beneficiary and heir to most of your estate. If you fail to revisit your plan after divorce, theoretically, your ex spouse still inherits your assets when you die. But the Revised Code of Washington Section 11.12.051 seeks to lessen this unfair result by invalidating portions of your Will that benefit your spouse after divorce. The law essentially states that an ex spouse will not inherit unless you included specific language in your Will preserving inheritance rights even after divorce. In the absence of such a provision, state law mandates the estate pass on as if your ex spouse had died before you.

This law was enacted with the best of intentions and can stop unfair results from happening. However, no law covers every eventuality, and each estate is unique. For instance, if a provision in your plan was that an in-law inherits part of your estate or is to serve in a fiduciary position for your estate, that provision is not nullified post-divorce. This and any number of other factors may work against your wishes. The only way to eliminate confusion and ensure that your intentions are honored is to rework your estate plan as soon as possible after finalizing your divorce.

PROTECTING ASSETS FROM DIVORCE. Even if you didn't create a Will before your divorce, this is a great time to make one. The divorce process already has you thinking about your future. So why not take the plunge and get all of your ducks in a row now? If you do have a Will, taking the time to go over it with your lawyer and think through its provisions is time well spent. Although state law essentially ignores parts of your Will that left money and property to your ex, unless you create a Will that reflects your new desires, you have no control over how those assets are then distributed. Supposedly, the assets will pass as if your spouse died before you.

REASONS TO UPDATE YOUR WILL. But do you even remember what those provisions in your Will are? Who did you list as “next in line,” if anyone? Do you still want that person to inherit or serve as Personal Representative of your estate? Most likely, when you rework your Will you’ll be surprised at how much the intervening years have altered your wishes. You may even be surprised at some of the decisions you made 15 or 20 years ago. Perhaps you stated that if your spouse dies before you, or you die at the same time, your spouse’s children from another marriage inherit your assets. Or perhaps you bequeathed a portion of your estate to your spouse’s best friend. Or maybe you named your ex's brother as your Personal Representative. Taking the time to ensure that your downline is intact and matches your current wishes is essential to protecting your assets from ending up in the wrong hands after you die.

Also, suppose that you originally named your brother-in-law and his wife as guardians of your children. But now your ex brother-in-law hates you and is the last person you want raising your kids. If you and your ex happen to die and your Will states that your brother-in-law is guardian, there is a strong chance your children will grow up in the home of someone who hates you.

HEALTH CARE DIRECTIVES AND POWERS OF ATTORNEY. When you create a Will, it is typical to sign peripheral documents like Directives to Physicians and Powers of Attorney. These documents ensure that if you are incapacitated, someone you appoint can:

* Make healthcare decisions for you;

* Make legal decisions for you; and

* Make financial decisions for you.

Directives to Physicians also dictate your wishes regarding being kept alive by life support if you enter into a vegetative state. If you appointed your spouse or a friend or family member of your spouse to make these critical decisions, you may want to update these documents as well.

TRUSTS. While married, many couples create Trusts for themselves or their children. In most instances, they name one another as beneficiaries or Trustees who control the distribution of assets. If you do not revisit these Trusts and change the designations, you may end up with your ex having control of assets after you pass.

WHAT ABOUT NONPROBATE ASSETS? You may know that certain assets do not pass through probate. Because you specifically name a beneficiary when forming these assets, they do not have to go through probate to get to the intended recipient. Nonprobate assets include life insurance policies, retirement accounts, pensions, payable-on-death bank accounts, and transfer-on-death investment accounts. You should change the listed beneficiaries to reflect your current wishes after divorce.

WE CAN HELP. We have 26 years of experience in estate planning matters. Our firm has helped hundreds of clients with their estate planning needs. We know your concerns. We know the hardship and emotional upheaval of divorce, and our goal is to make this process as peaceful and stress-free as possible. Afterward, a divorce, we will work with you to ensure your estate plan properly reflects your current wishes. So call us directly or contact us online today for a consultation.

If your family is of the "Leave it to Beaver" variety, then your estate plan will be pretty straightforward. If not, it's not as simple and you're not alone.

Is your family of the “Leave It to Beaver” variety -- opposite-sex parents, the first marriage for each, one or more kids, all healthy and thriving? If so, your estate plan will probably be pretty straightforward. But if not, it's not as simple and you have a lot of company.

The percentage of married households in the U.S. fell from 75% in 1960 to 49% in 2020. About 40% of all marriages end in divorce. Nearly 80% of people who divorce remarry -- accounting for a pretty large proportion of the 49% of American households that are married.

About 1.5 million babies a year are born to unmarried women, more than a third of all births. This can complicate matters, especially when the father is not identified or, in the case of donated sperm, does not exist. It also can mean a greater need for planning when there is no obvious back-up parent if something happens to the mother.

If you are in a relationship, but not married, been married more than once, have children by more than one partner, or have beneficiaries who cannot manage funds for one reason or another, then it's more important that you do estate planning and your planning cannot be plain vanilla. Here are a few tips to consider:

GIVE YOUR PARTNER RIGHTS. There are laws in place empowering spouses and governing the distribution of property in the event of death. Your state's laws of intestacy provide that property will pass to spouses and children, or to parents if someone dies without a spouse or children. But no laws protect unmarried partners or unadopted children. There have been many cases of parents pushing aside the same-sex partners of their children upon death or incapacity. We can all use Wills, Trusts, Durable Powers of Attorney, and Health Care Powers of Attorney to choose who should step in for us when needed and who should receive our property.

BUT DON'T GIVE THE NEW SPOUSE TOO MANY RIGHTS. All too often, despite the best of intentions and good will, when parents remarry the new family doesn't bond. The children from prior marriages or relationships don't become friends with one another or with the new spouse of their father or mother. Frequently, the death of one spouse means that all of the assets of both families end up with the surviving spouse and ultimately pass to his or her children and grandchildren. Frank discussions about what the new couple wants and planning to make sure it plays out as planned can prevent a lot of misunderstanding and resentment. Again, Wills, Trusts, and Powers of Attorney can permit the new couple to choose the outcome they prefer, rather than just let life (and death) happen and the chips fall where they may.

DON'T BE AFRAID TO TALK ABOUT A PRENUPTIAL AGREEMENT. While most people entering a first marriage have no children and few assets, this is not the case with a second or third marriage. Before getting married again, the couple needs to talk about what they have in mind in terms of mutual financial support of one another and of their children from prior relationships. Then they need to put their understanding in writing so that down the road there are no misunderstandings or different memories of what they agreed. If memorialized in a prenuptial agreement, it will also be legally enforceable. If circumstances change, the couple can always modify their agreement.

USE TRUSTS. Wills are generally straight forward and blunt instruments. When you pass away, your property passes to the people you name. Wills do not easily permit more flexible planning. For instance, you may want to permit your new spouse to live in your home for as long as he wants, but for it to ultimately pass to your children and grandchildren. A trust permits you to plan for this scenario, giving your spouse rights, but someone else -- the Trustee -- the power to manage the property and protect it for the next generation. Or a couple could pool all of their resources in a single joint Trust for their benefit during their lives, with the funds remaining after they have both passed away to be distributed equally to the children they each bring to the new relationship or marriage.

GOALS FIRST, PLANNING SECOND. Estate planning cannot take place in a vacuum or based on assumptions without asking questions. Anyone considering planning for themselves and for loved ones, whether in a traditional or non-traditional relationship, needs to start by listing their goals. Is their primary concern providing for themselves? Leaving an inheritance to children? Protecting a spouse or partner? Or a pet? Making sure children are independent, but have a safety net if necessary? Of course, most of us don't have just one goal, but we should start by writing them all down. Then we can see if it's possible to achieve all of them, or if we need to prioritize. Ultimately, the estate plan should reflect these goals and priorities. While this is true of anyone doing estate planning, it is more important the more family and non-family bonds one has because the plan will have to balance and prioritize more interests.

The bottom line is that our laws for distribution of property and rights in the event of incapacity are based on a vision of a marriage between one woman and one man with one or more children. However standard this ever was in reality, it is much less the norm today, almost certainly applying to fewer than half of American adults. For those who don't fit the one nuclear family mold, planning is both more important and more interesting. Don't put it off.

Contact us at 253.858.5434 to create your estate plan. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

If you were injured in an auto collision, you might be wondering what to expect in a typical personal injury case, including how long it takes. Here's a general timeline.

If you've been injured in an auto collision that looks like it was someone else's fault, you might be wondering what to expect in a typical personal injury case, including how long it takes. Keep in mind that most personal injury cases settle, often without a lawsuit being filed in court, so your case probably won't reach every stage discussed here; it could settle at any point on the timeline.

GET MEDICAL TREATMENT. The first thing that you should do after getting injured in an auto collision is get medical treatment. That means, if you have even the slightest sense that you are hurt, go to the emergency room or make an appointment to see your doctor. Not only is this the right thing to do for your health, but, if you don't see a doctor for some time after an injury, the insurance adjuster and the jury will probably assume that your injuries aren't that serious.

CONSULT A LAWYER. For anything more than a very minor claim, it's usually a good idea to at least discuss your situation with a lawyer. You will absolutely need a lawyer for any personal injury claim where you suffered significant injury, or the other side is putting up a fight on key issues. In general, if you are out of work for more than a couple of days, if you break a bone, or if your medical bills total more than a couple of thousand dollars, you should talk to a lawyer, and you might want to meet several of them.

LAWYER INVESTIGATES CLAIM AND REVIEWS MEDICAL RECORDS. One of the first things your lawyer will do is interview you. We want to know everything you know about the collision, your injuries, and your medical treatment. Lawyers don't want to be surprised, so make sure to answer all questions as completely as you can.

Next, the lawyer will get all of your medical records and bills relating to the injury and will probably also get your medical records for any treatment you have ever had relating to the condition at issue in the case. This can take months.

LAWYER CONSIDERS MAKING DEMAND AND NEGOTIATING. Many personal injury claims are settled before a lawsuit is ever filed. If the lawyer thinks that the case can be settled, they will make a demand to the other attorney or the other side's insurance company. A good lawyer will not make a demand until the plaintiff has reached a point of maximum medical improvement (MMI). MMI is when the plaintiff has ended all medical treatment and is as recovered as possible. This is because, until the plaintiff has reached MMI, the lawyer does not know how much the case is worth. The lawyer should also not file a lawsuit until MMI. This is because, if the plaintiff is not at MMI by the time that the case goes to trial, the jury might undervalue the case.

If settlement talks stall or the two sides are two far apart, the case moves into the "litigation" phase.

THE LAWSUIT IS FILED. The litigation phase starts when you and your lawyer file a lawsuit in court. The filing of the lawsuit starts the clock running on when the case might get to trial. Every state's pretrial procedures are different, but generally it will take one to two years for a personal injury case to get to trial. Keep in mind that a lawsuit needs to be filed within strict time limits that every state has set in a law called a statute of limitations.

DISCOVERY. The discovery phase is when each party investigates what the other side's legal claims and defenses are. They send interrogatories (just a lawyer word for questions) and document requests to each other, and take depositions of all relevant parties and witnesses, generally beginning with the plaintiff and defendant. This process can last six months to a year, depending on the court's deadlines and the complexity of the case.

ALTERNATIVE DISPUTE RESOLUTION. As the discovery period ends, the lawyers will generally start talking settlement. Sometimes the lawyers can settle just by talking among themselves, but, in other cases, they will go to mediation, a process in which both clients and both lawyers get help from a neutral third-party mediator to try to resolve the case.

TRIAL. Mediation often works, but if it doesn't, the case is scheduled for trial. A trial can last a day, a week, or longer. The length may be increased because, in many states, trials are held for only half a day instead of over a full day. That doubles the length of a trial, but also lets the lawyers and judges get other things done in the afternoon.

One important thing to know about trials is that just because a lawsuit is scheduled for trial does not mean the trial will actually occur on that date. Trials often get pushed because of the judge's schedule. If your trial gets moved, you should not automatically assume that something unfavorable is happening. Trials are delayed all the time, and for the most innocuous of reasons.

If you or a member of your family has been hurt in an auto collision and needs legal representation in pursuing the claim, give us a call at 253.858.5434 to set up an appointment for a free initial consultation today.

If you have minor children you already know that taking care of them is your biggest priority. Planning for the future is part of being a parent. That can mean creating an estate plan too.

Do you need to prepare an estate plan? 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 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 taking care of an 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 a 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 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 proper legal advice, your questions can be answered and a customized estate plan can be created for you and your children.

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 on 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 Health Care 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. A parent can give an adult child their power of attorney, but minor children cannot be given the task.

* 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 trusted decisions related to the real estate, personal property, and financial assets that make up your estate. The Personal Representative (what used to be called the Executor) 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 child or 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 should be delayed or staggered, with the child receiving some or all of their inheritance at – for example -- 21, 25, and 30.

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 and Personal Representative of your estate, and state your wishes for your assets. There may be state-specific tax and inheritance laws you’ll want to consider when creating a will. Being represented by an experienced estate planning lawyer will make things easier.

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 Family Trust or a Special Needs Trust can be created for minor children. These types of Trusts allow for medical and education expenses to be paid for the child out of the Trust. Other types of Trusts including an Irrevocable Trust and a Spendthrift Trust can be set up for a child to inherit once they are 18 years old or older.

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