We have been representing small businesses and their owners since 1996. We work with small business owners just starting out to established businesses with millions in revenue.

We have been representing small businesses and their owners since 1996. We work with small business owners just starting out to established businesses with millions in revenue. We are responsive and have a deep understanding of closely-held business owners. And we charge common sense fees that are fair and transparent.

Our goal is to build long-term professional relationships with our clients as their trusted legal counsel. We are committed to developing effective, practical solutions with our clients to protect their businesses and decrease legal risks, allowing them to focus on growth from formation to exit.

We serve as outside general counsel for established businesses and an represent entrepreneurs to help them get their new businesses started. We have experience in corporate and LLC formations, operating agreements, partnership agreements, bringing on investors, non-compete agreements, contracts, trademarks, employment issues, and buying and selling businesses.

If you are thinking about starting up a new business, give us a call at 253.858.5434 to set up an appointment so we can help your new business up and running by the 1st of the year. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Losing a spouse is one of the most difficult things a person can go through. We can provide estate planning legal services to recent widows and widowers that address their new reality.

Losing a spouse is one of the most difficult things a person can go through. In addition to the difficult emotions surrounding the loss, widows and widowers may be tasked with several legal and financial responsibilities during this time of grief. After immediate needs are addressed, the surviving spouse may need to create a new plan to safeguard their assets and communicate their wishes. We can provide estate planning for recent widows/widowers that addresses their new reality.

MINIMIZE ESTATE TAXES. For high-wealth estates, it is important to quickly claim the full amount of tax exemption. Under the Tax Cuts and Jobs Act of 2017, the federal estate tax exemption is $12.06 million in 2022 for each individual. For married couples, this amount is doubled. Due to a concept known as the “portability provision,” the surviving spouse can use the unused portion of the deceased spouse’s exemption. However, the surviving spouse must reserve this exemption amount by filing a federal estate tax return (IRS Form 706) after the first spouse’s death even if they do not owe any estate tax at that time. This return must be filed within nine months of the death. This short timeline is why it is important to have the help of an experienced lawyer who can assist with the probate process.

LOCATE ASSETS. For many couples, one spouse takes the lead in managing finances. If the spouse who normally handled the finances has died, the surviving spouse may have to try to track down assets and make a master list of them. These assets might include:

* Bank accounts

* Brokerage accounts

* Retirement plans

* Real estate holdings

* Insurance policies

* Safe deposit boxes

* Digital assets

* Tangible personal property

FILE INSURANCE CLAIMS. The surviving spouse will likely need any life insurance and other insurance proceeds they are entitled to. Filing an insurance claim promptly and in accordance with the requirements of the insurance company can help ensure the surviving spouse has the financial protection their spouse granted them by naming them a beneficiary to the policy.

APPLY FOR BENEFITS. A surviving spouse may qualify for Social Security survivor benefits. They can contact the Social Security Administration to find out if they are entitled to these benefits. There may also be other benefits that the widow or widower may be eligible for, such as benefits from the Dept. of Veterans Affairs, employment-related benefits, or pensions. An inquiry should be made with each applicable agency.

CHANGE TITLE TO JOINTLY HELD PROPERTY. If the spouses owned property together as joint tenants or tenants by the entirety, the surviving spouse will need to change the title document to show they own the property alone now. This will make it easier to manage the property and to wrap up the estate more efficiently. Various type of property can be owned jointly, including real estate, vehicles, bank accounts, and brokerage accounts.

GET HELP WITH EVERYDAY FINANCES. If a surviving spouse did not take on the role of financial manager in the household, they may need help getting their everyday finances together. This may include reevaluating their current situation, creating a new budget, and changing regular spending habits. A financial advisor may be able to help with these tasks.

UPDATE BENEFICIARIES. Many spouses name each other as beneficiaries on life insurance policies, checking accounts, retirement accounts, and other types of policies and benefits. After a spouse dies, the surviving spouse may need to adjust their beneficiary designations on these accounts. The person named on the beneficiary designation form controls, not what is stated in the Will.

UPDATE ESTATE PLANNING DOCUMENTS. The widow or widower may also need to update their estate planning documents if they named their spouse as a beneficiary or in a fiduciary role, such as a Personal Representative or Trustee. The recent death may inspire them to evaluate their own plans for leaving property at their death or managing property if they become incapacitated. Wills, Trusts, and other estate planning documents may need to be updated.

CREATE NEW ESTATE PLANNING DOCUMENTS. It may also be necessary to create new estate planning documents if the widow or widower realizes their spouse’s needs were not properly respected or communicated. We create customized estate planning documents for individuals, including financial and health care power of attorney documents. These documents allow someone (called the principal) to designate someone else (called an agent) to make decisions regarding their finances or health care, respectively. These documents can come in handy if the principal becomes incapacitated and is not able to manage these things for themselves. We can also create a Directive to Physicians that allows you to set out your health care wishes.

ORGANIZE IMPORTANT DOCUMENTS. Now is also the time to organize important documents to carry out the administration of the estate of the deceased spouse and to plan for the future. Locate and organize the following important documents:

* Will, trust, power of attorney, and other estate planning documents

* Pre-paid funeral arrangement documents

* Statements for checking, savings, brokerage, and investment accounts

* Retirement plan documents and beneficiary designation documents

* Life insurance policy coverage and beneficiary designation documents

* Government benefit statements and paperwork

* Tax returns

* Credit card statements

* Mortgage documents

* Deeds, titles, and other ownership documents

* Certified death certificate

* Inventory of all investment accounts and digital assets

* Policies for all insurance coverage, including long-term care, disability, medical, homeowners, auto, and umbrella

* Recurring and occasional bills

CONTACT AN EXPERIENCED AND COMPASSIONATE ESTATE PLANNING LAWYER. Estate planning for widows/widowers addresses immediate needs following the recent passing of a spouse. It also addresses the long-term needs of the surviving spouse. We can answer your questions and create an estate plan for widows and widowers. We can also help with settling your spouse’s estate, transferring assets to your name, closing joint accounts, updating beneficiaries, and planning for your needs in the future. Contact us today at 253.858.5434. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Nearly every estate planning conversation eventually focuses on our clients' children, whether they're still minors or are grown and independent.

Nearly every estate planning conversation eventually focuses on the clients' children, whether they are still minors or are grown, established, and independent. When we advise families on estate planning, we first work to determine the clients' overall perspective about their children and what they feel are the children’s capabilities and limitations. Parental expectations and their evaluation of their child’s potential to meet those expectations often determine whether they decide to limit access to funds and how long those limitations should last.

For single parents with a minor child, the stakes are perhaps even higher. When one member of a couple dies or for some other reason just isn't around, the children generally do not have to leave their home, school, and community, but when a single parent dies, a child may leave that entire city to live with a relative or ex spouse, leaving behind familiar places and friends. Parents may be single for a variety of reasons — some are voluntarily so, while others may have been in a relationship with the other parent that ended through a breakup, divorce, or death.

Single-parent clients who have worked to build a healthy and supportive community for their children that primes them for successful relationships of their own are impressive. We often see some or all of these characteristics:

* The parent is committed to their children, spending large amounts of time with them and participating in or attending their activities.

* The parent has a supportive and established network of friends or family who share their commitment to their children’s welfare.

* The parent maintains an open, respectful line of communication with their children.

* The parent insists that the children respect and demand respect from the educators and influencers in their lives.

After we discuss a client’s children with them and understand their approach to those relationships, the next step is to learn about their support network and find out if there’s anyone who could serve in a formal capacity if needed. Often, the other parent also maintains some form of custody or scheduled visitation rights. One major factor in planning decisions is the client’s relationship with their ex and the way it ended.

Most clients feel that their child’s other parent is the best person to take over full custody in the event of incapacity or death. For other clients, this is an unacceptable situation, which means that their estate plan must be crafted with special care. In addition, they need a supportive network ready to advocate for the child.

The estate plan should include a Trust and a Trustee that will accept funds from the deceased parent’s estate, any retirement plan, IRA, and life insurance proceeds, and from any claim, judgment, or settlement that may be brought relative to the cause of the parent’s death. It is imperative that this Trust be in place so that any court that may be involved has an established basis to determine the deceased parent’s wishes and expectations for the children. The Trust tells the court who the deceased parent intends to carry out their wishes and who should continue to be an advocate and influence in the child’s life.

In addition:

* The Trust may name the child’s intended guardian, including any alternates, in the event that the surviving parent is denied custody or can’t serve for some reason.

* The Trust should outline in detail how its funds should be used, as well as the level of discretion the child may be given and when, and who should be involved in the child’s life.

* The Trust should clarify who has authorized visitation rights, including the right to keep the child for extended visits or to go on vacation.

* The Trust should outline who is allowed to advise or consent on major decisions in the child’s life, regarding schools, doctors, sports, and activities, and determine when it’s acceptable for the child to date, drive, or travel alone.

Although not all the terms in a Trust may be enforceable, they do give the parent a place to formalize their wishes. A Trust is the final legal method where a parent can give notice and instructions in their place.

A Trust can be drafted in countless ways. However, any single parent should be pondering these basic questions and be able to discuss them when they meet with their lawyer to draft their Trust:

* Who will be providing your child’s daily, weekly, or monthly after-school care or sitting? Who will prepare their meals, transport them to school and activities, and shop for them?

* Who is willing and able to take your child into their house and raise them? Who should have visitation rights? Who should help with decisions related to health care or school?

* How much money would your Trust ideally contain at your death? * Would your Trust’s primary purpose be paying for health care, for education, or providing general financial support?

* Would any Social Security or other monthly income be paid for your child? Who would be the payee?

This kind of planning is never easy. No matter what preparations you make, they will seem inadequate, because you, the parent, are irreplaceable. So, get past that thought and draw up the second-best scenario. Work with an experienced lawyer to create a Trust that will support that outcome. If you don’t put it all down in writing, the persons you will need to speak for you won’t know what to say.

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

If you've been in an auto collision, the law allows you to collect damages from the at-fault party, including your medical costs, lost wages, pain and suffering, and property damage.

If you have been in an auto collision that wasn’t your fault, the law allows you to collect damages from the at-fault party, including compensation for your medical costs, lost wages, pain and suffering, and property damage. Unfortunately, sometimes the amount of money you should be allowed for your losses exceeds the amount of insurance coverage available to pay for those losses, including your own underinsured motorist coverage. To understand how often auto collisions exceed the policy limits, it is important to understand the basics of insurance policy limits and the laws surrounding them.

While it is possible to collect personal injury damages beyond the limits of the defendant’s insurance policy in very limited cases, it’s not easy, and you will need a lawyer's assistance to help you through the process.

UNDERSTANDING POLICY LIMITS. When a person purchases car insurance, it always comes with a policy limit, which refers to the maximum amount of money that the insurance company will pay on behalf of that person for damage they caused. When collisions happen, victims often wonder how frequently settlements exceed the policy limits. While it’s somewhat rare, it does happen, so it’s important to understand the process.

For example, if you were involved in a collision and the at-fault driver’s insurance has a policy limit of $100,000 for bodily injury, that is the maximum amount that the insurance company is legally obligated cover for your harms and losses — even if your medical costs, lost wages, pain and suffering, and other expenses exceed that amount. So is it possible to collect excess damages? And if so, who pays?

CAN YOU COLLECT EXCESS DAMAGES? The short answer is yes, it is possible to collect more than the at-fault driver’s insurance policy limits. However, if you are going to pursue this route, you should know that it is unlikely, and proceed with the assistance of an experienced lawyer. The ways you can collect damages in excess of the at-fault driver’s insurance policy limits are:

* Filing suit against additional defendants

* Collecting under an umbrella policy

* Collecting directly from the defendant

* If an insurance company acts negligently or in bad faith

Of course, if you have your own underinsured motorist (UIM) policy that protects you in the event of bodily injury, you can collect from your own policy as well.

FILING SUIT AGAINST ADDITIONAL DEFENDANTS. In some instances, more than one party can be considered legally and financially responsible for a collision. For example, if you were in a car crash and the at-fault driver was driving on behalf of an employer, you have the option to sue the employer under the legal doctrine of respondeat superior, which states that employers can be held responsible for the negligent acts of their employees while acting in the course and scope of their business.

If other drivers were involved in the collision, you can also file a claim against each party, since they will all be responsible for a percentage of your medical costs based on the percentage of fault they are legally assigned. And, in some instances, you can prove that multiple defendants — such as businesses engaged in a joint venture — were acting in concert together. If so, the defendants who were acting together can all be held accountable for your losses. Other potential defendants can include the city or state for negligent road design or maintenance.

COLLECTING UNDER AN UMBRELLA POLICY. Even if there is only one at-fault party in your case, there may still be more than one insurance company involved that can pay out the excess damages. An umbrella policy is a type of insurance that adds extra liability coverage over and above — much like an umbrella — the primary insurance. The umbrella policy kicks in when the at-fault party faces liability for damages that exceed the specified policy amount of the underlying policy. Umbrella policies are most common for people who have assets they want to protect by making sure they have enough insurance coverage.

COLLECTING DIRECTLY FROM THE DEFENDANT. In most cases, however, there is no umbrella policy and no employers or other defendants who may be liable to contribute to a settlement. If you find yourself in this situation, as many people do, and your harms and losses exceed the insurance policy limits, the only option left is to try to collect from the defendant personally.

While many defendants do not have any assets worthy of collecting, or only have assets that are exempt from collection under the law, a lawyer can help search for assets that might be used to satisfy a judgment against the defendant. If assets are located, such as real estate, cash, shares of stock, mineral rights, or vehicles, the lawyer can start the process of recovering those assets from the defendant. Unfortunately, most defendants that are poorly insured do not have any assets of value. This is why it is always prudent to purchase as much UIM coverage for bodily injury as you can afford.

INSURANCE COMPANY ACTING NEGLIGENTLY OR IN BAD FAITH. The final option for pursuing a settlement that exceeds policy limits is if the insurance company has acted negligently or in bad faith towards the at-fault driver, leaving them exposed to a large judgment.

If you are willing to settle your claim against the at-fault driver for an amount of money within their insurance policy limits, and the defendant’s insurer negligently fails to do so, and you then you secure a jury verdict in excess of those policy limits, the insurance company could be liable for the full amount of damages awarded in that jury verdict, even if it exceeds the policy limits. For example, if you do not have a strong case and your settlement demands were unreasonable, the insurance company is not likely to be found negligent if it refuses to settle.

If you’ve been injured in an auto collision, you may be entitled to compensation for your medical bills, lost wages, and changes in your quality of life. We can help you understand your rights and receive the fair compensation the law allows. Contact us at 253.858.5434 for a free initial consultation to discuss your collision, develop a settlement plan, and get started on your road to recovery.

"Nothing is certain except death and taxes." So we might as well plan for both. There're nothing but benefits to estate planning and protecting the assets you've worked so hard for.

"Nothing is certain except death and taxes." That's what they say, right? So we might as well plan for both. Planning for the future doesn’t have to be a touchy subject. In fact, there are nothing but benefits to estate planning and protecting the assets you’ve worked so hard for.

Recent studies have shown that less than half of Americans have Wills. Shockingly, only about a third of adults with children under age 18 have a Will or a Revocable Living Trust. Don’t be a statistic. Protect your assets and provide for your family by planning your estate now.

WHAT IS AN ESTATE? Let’s take a step backwards and make sure we’re clear on the definition of an estate. Essentially, your estate is your total net worth in the eyes of the law.

An estate can include:

* Bank accounts

* Stocks, bonds, investment accounts, etc.

* Houses and other real estate

* Cars and other vehicles

* Life insurance

* IRAs, 401k, etc.

* Personal belongings

In short, your estate is everything you own and everything you owe.

WHAT IS ESTATE PLANNING? An estate plan is made up of several different documents. Each document serves a different purpose. Estate planning can include everything from setting up trust funds to designating your Power of Attorney. The goal of estate planning is to preserve and protect all of the assets you’ve worked hard to accumulate. Of course, the aim is also to reduce the amount paid in in taxes, legal fees, court costs, and other expenses as well. Here are the most common estate planning documents:

LAST WILL AND TESTAMENT. The most important part of your estate plan is your Will. In this document, you specify in great detail how your assets are divided, who will be the guardian of your children, and who is designated to carry out your wishes. Keep in mind, your Will is only applicable after you die. It does not offer any protection if you become physically or mentally incapacitated.

DIRECTIVE TO PHYSICIANS. If you are in a condition where you can’t make decisions for yourself, a Directive to Physicians (commonly called a "Living Will") can help protect your wishes. For example, you may become hospitalized in an unconscious state in which your abilities are severely limited. If you have strong feelings about when or when not to receive resuscitation or life-sustaining care, you would indicate them in your Directive.

POWER OF ATTORNEY. Many people choose to appoint a person to make decisions on their behalf if they become unable to make those decisions themselves, either because of age, illness, or injury. This is called Power of Attorney. Typically, you would appoint a spouse, family member, or close friend to handle your affairs when you are unable to.

There are many different types of Powers of Attorney that vary in scope, duration, and circumstances. It’s important to note that you can grant healthcare power of attorney and financial power of attorney to different individuals if you’d like. It goes without saying that you should trust your power of attorney with your life.

REVOCABLE LIVING TRUST. A Revocable Living Trust Agreement is a legal document that places your assets into a Trust during your lifetime. Upon your death, it is transferred to your designated beneficiaries. It is possible to create a Revocable Living Trust in addition to a Will.

The biggest benefit of creating a Trust is it will help you avoid the probate process. In short, a Revocable Living Trust can help protect your assets from being drained by court and legal costs. It also helps things run a lot more smoothly in general, as your beneficiaries can receive their inheritance faster and with less hassle.

WHAT YOU SHOULD KNOW ABOUT ESTATE PLANNING IN WASHINGTON.

NO WILL. If you die in Washington without a Will, the court will appoint an administrator to distribute your assets according to state succession laws. These laws give your assets to your “closest” living relatives. If you want a say in what happens to your assets upon your death — and you should! — make a Will.

PROBATE. Probate is the legal process of settling the estate of a deceased person. Fortunately, Washington has one of the simplest probate systems in the country:

* Your Personal Representative (as designated in your Will) can act with complete authority and without court intervention in nearly all matters.

* Attorney fees are not based on a percentage of the value of the estate

TAXES. Washington does not have an inheritance tax, but it does have an estate tax. That means there is no tax on the beneficiaries of an estate, but there may be a tax on the decedent’s estate itself.

There are several thresholds and exemptions and other things you should be aware of a discuss with your lawyer. In many cases, no estate tax is actually owed as a result of tax planning in the decedent’s Will. Another great reason to plan your estate!

LAW CHANGES. Federal and state tax laws are constantly changing. That’s why you should review your estate plan periodically to make sure it’s up to date.

If you have estate planning questions, give us a call at 253.858.5434 to set up an appointment today!

Estate planning can be complicated enough when dealing with your personal assets. When it comes to estate planning for the future of your business, the process gets even more involved.

Estate planning can be complicated enough when dealing with your personal assets. When it comes to planning for the future of your business, the estate planning process can get even more involved, but it is also crucial to make sure you have a succession plan in place.

The best place to start when it comes to estate planning and who will take over your business is to talk to an experienced lawyer. We have over 25 years of experience helping people sort through the legal issues involved in business succession. Our deep knowledge of business law and estate planning law makes us ideally suited to meet your needs.

WHY YOU NEED A SUCCESSION PLAN. You have a lifetime of hard work and determination built into the foundation of your business. It can be unpleasant to think about what will happen to your business when you are no longer at the helm. Yet the planning you do today can relieve stress and uncertainty about what will happen in the future. Here are a few reasons why you need a business succession plan in place:

* Provides liquidity for you and other owners — For many business owners, their business represents the bulk of their estate. But if you do not want to work indefinitely, you need a way to liquidate your ownership stake upon retirement. Having a succession plan in place can help with this.

* Minimize transfer taxes — When a business changes hands, the new owners often have to pay transfer taxes, which can be a significant expense. Planning ahead of time can help your successors minimize their tax burden when they take over.

* Provide stability and continuity for your business — If you die suddenly or develop a disability, you will want a plan in place for someone to take over your business and keep it going. Without proper succession planning, your business could be thrown into chaos by an unexpected death or illness. If you want to pass on your business to your children or grandchildren, you will need an organized plan.

THE ELEMENTS OF A BUSINESS SUCCESSION PLAN. A business succession plan usually includes several key components, such as:

* Power of attorney — A power of attorney is a document granting another person authority to make key legal decisions on your behalf. However, you may not necessarily want the same person to have legal authority over your business and personal matters. A business power of attorney allows you to choose someone to represent you if you become disabled.

* Buy-sell agreement — If you do not want your ownership stake in a business to transfer to your beneficiaries upon your death, you will need a plan to have your co-owners purchase your stake upon your death. This arrangement is clarified through a buy-sell agreement outlining under what conditions your stake will be sold and to whom.

* Will, Trust, or both — If you wish to pass on your business to your family members or other beneficiaries, you should make that clear by drafting a Will, establishing a Trust, or both. These are common estate planning documents that help you outline what you want to happen to your estate should you die or become disabled.

* Grantor Retained Annuity Trust — If you are looking to retire but still want to keep some income from your business, a Grantor Retained Annuity Trust (GRAT) may be the way to go. In this type of Trust, the grantor puts their stock or ownership stake into an irrevocable Trust. The grantor can then receive income through the Trust, but their stock or ownership stake is transferred to their designated beneficiaries upon their death. This type of Trust keeps the ownership transfer out of the public eye and can protect the business from claims against it by the grantor’s creditors.

LOOKING FOR HELP? GIVE US A CALL! When it comes to your business succession plan, your specific needs will determine what that plan will look like. To ensure your unique concerns are addressed and that your plan is solid, you need assistance from a committed, experienced lawyer. We would be honored to help you figure out the right succession plan for your business. Contact us today at 253.858.5434 for more information on our services. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

So you've taken the entrepreneurial leap and decided to start your own business! Congratulations! You're going to have a lot of legal questions and here's how we can help.

So, you’ve taken the entrepreneurial leap and decided to start your own business! Congratulations! Soon you’ll realize that there are a ton of legal questions that need your attention. Like:

* Should I form a corporation, an LLC, or operate as a sole proprietor?

* What do I need to do to get my business started the legal way?

* Do I need insurance?

There are a variety of the business structures that you can choose from and it’s one of the first decisions you’re going to need to make as a new business owner. Building a business is just like building a house. You’ve got to first get a solid foundation before you can get to the other stuff like putting up your walls and picking out paint colors.

GET IT IN WRITING. YOUR FUTURE SELF WILL THANK YOU. Contracts – the topic is about as exciting a …well, it’s not exciting. Yet, like it or not, contracts are essential to running a business. We cringe every time we hear about a business owner entering into a business relationship WITHOUT a written contract or one that they copied and pasted from samples they found for free on the internet.

Not only do written contracts help clarify expectations between you and a client, they help cover you in the event there’s ever a misunderstanding or disagreement with your client, and they may also support your case in court. An often overlooked, but equally important reason for having written contracts is that they communicate to your clients that you’re a professional and that you take your business seriously.

COMMUNICATIONS & YOUR WEBSITE. Do you have an email opt in on your website? Do you collect credit card information when you conduct a sale online? Or maybe you have Google Analytics or Facebook pixels running in the background collecting data from visitors as they peruse your lovely website? Do you have or participate in an affiliate program? Do you run social media giveaways and promotions? If you answered “yes” to these questions, believe it or not, there are rules about the way you communicate with your customers, your website visitors, or your audience, including:

* CAN-SPAM laws about your email communications

* Privacy Acts and the GDPR about the data you collect from website visitors

* FTC guidance about affiliate relationships and endorsements

* Laws about hosting giveaways and contests

TRADEMARKS & COPYRIGHTS. If you’re creating content or utilizing others content, which as a business owner, you likely are – you should have an understanding of how to navigate the topic of copyrights and trademarks. The topic is a confusing one. These terms are often incorrectly used interchangeably, however, they have their distinct set of laws and apply to different types of works. Copyright law protects “original works of authorship” – things like books, photographs, designs, and more. In contrast, trademark law protects the expression used to identify and distinguish a product or service in the marketplace, like business names, logos, slogans, and other commercial signifiers. As an owner of a copyright or a trademark, you have rights – including the right to keep others from using your work without your permission.

Take stock of your intellectual property rights and protect your valuable content. And just as you wouldn’t want someone using your content without your permission, don’t do it with someone else’s work.

HIRING. Now that you’re running your own business, from time to time you may want to bring on additional employees to help you in your business. Or maybe you’re ready to hire someone to assist you right from the start. Even if you’re not planning on hiring anytime soon, you’ll want to familiarize yourself with what is entailed when you hire help in your business. From proper classification of the workers as either employees or independent contractors to the Do’s and Don’ts or hiring, the laws related to hiring vary widely from state to state.

If you're starting up a new business and need legal advice, 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 Directive to Physicians (or "Living Will") guides your loved ones and medical providers by spelling out your wishes regarding medical intervention and end-of-life care.

If you became incapacitated due to grave illness or injury, your doctors and your family would have to make important decisions about your care. A Directive to Physicians guides your loved ones and medical providers by spelling out your wishes regarding medical intervention and end-of-life care. We will sit down with you to discuss these sensitive but important questions, and draft clear instructions for medical personnel and your family.

WHY YOU SHOULD HAVE A DIRECTIVE TO PHYSICIANS ("LIVING WILL"). A Directive to Physicians (also called a Health Care Directive, Medical Directive, or Living Will) is a legal document that provides specific guidance on what actions the medical staff should or should not take on your behalf, such as:

* Heroic measures – If your heart stopped, would you want to be resuscitated?

* Life support – If you lost brain function or the ability to breathe, would you want to be kept alive?

* End-of-life care – Do you want life-extending treatment? Pain medications? Religious rites?

Medical providers must adhere to medical directives, such as a DNR (Do Not Resuscitate) order. In the absence of a Directive to Physicians, physicians may be required to act against your wishes, or family members may be powerless to do what you would have wanted.

HEALTH CARE POWERS OF ATTORNEY. In addition to a Directive to Physicians, you may want to designate a loved one as your health care proxy or agent, also known as health care attorney-in-fact. That person would be empowered to make decisions on your behalf if you were incapacitated. For example, they could authorize surgery or other medical intervention in a crisis situation when time is of the essence.

The key to a Directive to Physicians is in the details. You may think your family knows your wishes, and vice versa, but when the time comes there may be disagreements or heart-wrenching decisions. We can walk you through various scenarios to ensure that the Directive to Physicians reflects your wishes and avoids those dilemmas.

Based in Gig Harbor, we provide full-service estate planning throughout Washington and Idaho. Give us a call at 253.858.5434 to set up an appointment today. We are available to meet in person, by phone, or via video conference, whatever is most convenient for you.

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.