When you file a personal injury claim, you need to understand that your medical records are going to be a main focus, since you're asking for compensation for injuries from the at-fault party.

When you file a personal injury claim, one of the first things to understand is that your medical records and medical history are going to be a main focus, since you're asking for compensation for injuries ("damages") from the at-fault person or business.

Any hospital or health care facility where you sought medical treatment will have records of the care provided, and the cost of that care. And at some point in the case — especially when a personal injury lawsuit is filed — both your lawyer and the "other side" (the at-fault person or business, usually through an insurance company or attorney) will want to see those medical records.

AUTHORIZATION FOR RELEASE OF MEDICAL RECORDS. If you've decided to sue for personal injuries, your lawyer will almost certainly ask you to authorize the release of your medical records. This request will typically include the patient's name, social security number, date of birth, patient account number, and the patient's address. It may also ask for specific records, records during a certain date range, or simply all records in the care provider's possession.

Your lawyer can request your records on your behalf if you give written permission that is signed and dated. The request can be sent via regular mail or fax, and many larger care providers allow patients to request records through an online portal. If you mail or fax the request, it's usually a good idea to call the medical provider to confirm receipt. Many providers charge a fee to release records, and to cover postage when they mail the records out. Depending on the medical provider, you may be required to pay the fee before the records are released. However, federal law limits the amount medical providers can charge patients for their own records.

PRIVACY CONCERNS. Each state has specific standards for acquiring medical records for a legal purpose. When preparing a medical records request or subpoena, you must be aware of state laws and the federal Health Insurance Portability and Accountability Act (HIPAA) requirements. The HIPAA Privacy Rule sets standards for records across the nation.

REASONS FOR RELEASING MEDICAL RECORDS. There are several advantages to having all medical records relating to a personal injury case:

* It allows both sides to assess the physical injuries and the viability of a particular case

* It provides details on the nature and extent of the claimant's injuries

* It helps calculate damages sustained by the injured person, and

it allows a medical expert or medical professional to analyze the records to determine the cause of the injuries or, in a medical malpractice case, to determine whether doctors exercised reasonable care.

If you've been injured because of someone else's negligence or recklessness, give us a call at 253.858.5434 to set up an appointment for a free consultation today.

Although it is a painful decision, some parents feel like they have to disinherit a child. If that is the choice you make, know that there are good and bad ways to go about doing so.

Although it is always a painful decision, some parents feel like they have no other choice but to disinherit a child. If that is the choice you want to make, then know that there are good ways to go about doing so and there are bad ways to do it.

CONSIDER A "SKIP BEQUEST" TO GRANDCHILDREN. If your child has children of their own, you might leave his or her share directly to the grandchildren, perhaps in a Trust or custodianship arrangement managed by one of your other children. That might be more palatable to you than leaving that family out of your estate.

CONSIDER AN INCENTIVE TRUST. You might leave your child’s share to an "Incentive Trust." This is a trust designed to encourage behavioral changes as a condition to receiving Trust benefits. For example, if your goal is to encourage your child to be drug-free, you might specify that they must test free of drugs for a period of 24 months before they receive any benefit from the Trust. You could also require that the child maintain steady employment and provide proof of same to the Trustee.

DOCUMENT YOUR DECISION TO DISINHERIT YOUR CHILD. If you feel there is any possibility that your child might challenge your estate plan on the grounds that you lacked capacity, take steps now to help your other children defend against a challenge later. You might leave Letter of Instruction or record an audio or video interview wherein you discuss your reasons for disinheriting your child. Additionally, it might be wise to secure from each of your physicians a letter affirming your capacity to make estate planning decisions.

DON'T OVERLOOK NAMING YOUR CHILD IN YOUR WILL OR TRUST. If you stay with your decision to disinherit your child, it might be tempting to not even identify the child in your estate plan. That would be a mistake. Were you to omit the child’s name entirely, the law could presume that you just had a memory lapse, and a judge could insert the child's back into your plan to take his or her proportionate share as an "omitted heir." To protect against this, you should specifically identify the child in your plan documents, and only then recite that he or she is left nothing.

DON'T RELY EXCLUSIVELY ON A "NO CONTEST CLAUSE." While designed to discourage Will contests, the common "no contest clause" often included in Wills and Trusts, standing alone, may not work. The typical no contest clause merely says that anyone who unsuccessfully challenges a Will or Trust receives nothing. It is designed to discourage a beneficiary from trying to get a larger share of one’s estate. However, if you propose to leave nothing to your child at the outset, they would have nothing to lose – and potentially a lot to gain – by challenging your plan. For this reason, it would be better to leave them something, say, just enough to discourage a contest. The child would then have something at risk, and the no contest clause would have a greater chance of achieving its purpose.

Revocable Living Trusts do work better than Wills to avoid contests. If you use a Will, the probate is open to the public and your Personal Representative must notify the disinherited child. Further, judges usually assume you were competent when you implemented the Trust as you had to go through the process of transferring assets to the Trust. With a Will, you just sign the document.

If you have questions about disinheriting a child or other family member or other estate planning questions in general, give us a call at 253.858.5434 to set up an appointment today.

We offer comprehensive and individualized estate planning services to meet unique circumstances. In evaluating your situation, we consider all of the specific needs of your particular family.

Our law firm offers comprehensive and individualized estate planning services to meet unique circumstances. In evaluating your situation, we consider all of the specific needs of your particular family. Don’t wait to get your documents in place. Your children or loved ones could be left to pick up the pieces where you left off. Working with an experienced lawyer helps to avoid unnecessary stress or confusion.

WHY DO I NEED AN ESTATE PLAN? No one likes to think about the possibility of getting hurt, sick, or dying, much less plan for it. Most people avoid planning for such things altogether, which can have serious consequences. We can help you get your affairs in order so that you can rest easy knowing everything has been completed in advance of any emergency.

There are various types of estate planning documents such as:

* Last Will and Testament

* Durable Powers of Attorney

* Revocable Living Trust

* Special Needs Trust

* Healthcare Power of Attorney

* Directive to Physicians

* Power of Attorney for Minor Children's Healthcare

* Mental Health Power of Attorney

ESTATE PLANNING OFFERS YOUR LOVED ONES A CLEAR PLAN OF YOUR INTENTIONS. Estate planning is often the first item to be removed from our To Do list. Yet, it is easily one of the most important gifts we can leave our loved ones. When a loved one passes without proper estate planning, family members are often left in a confusing, expensive, and difficult situation.

At our law firm, we complete a personalized assessment of your estate and your needs. We work with you to customize a plan that addresses your particular family situation and your goals.

With our experience we are able to plan for the unforeseeable. Trusts, Wills, Special Needs Trusts, Guardianships, and POAs are just a few of the ways we are able to assist you and relieve any burden from your loved ones.

If you already have an estate plan and would like us to review it to ensure it's got you covered, we welcome the opportunity to serve you at the highest level.

WHAT SHOULD INCLUDE IN MY ESTATE PLAN? We can help you determine if you need a Will, Revocable Living Trust, Power of Attorney, or Healthcare Directive. We ensure that your wishes are clearly defined even if you can’t verbalize decisions yourself. Don’t leave these important decisions to your family and friends or the court.

WHY DO I NEED A LAWYER TO PREPARE AN ESTATE PLAN? The law can be complex. Don’t risk making a mistake by doing it yourself. We are here to guide you through the process, answer any questions, and plan for the future. If there are mistakes in your documents your friends and family could find themselves with a mess. One of our priorities is making sure you and your estate stay protected in times of incapacity or death.

WHAT DOES MY ESTATE CONSIST OF? Your estate consists of all the assets that you own. This includes investment properties, real estate, vehicles, jewelry, collectibles, bank accounts, securities, and retirement accounts. Let us help you ensure that all of your belongings are distributed according to your wishes.

WHO SHOULD I CHOOSE FOR MY POWER OF ATTORNEY? When you can no longer make decisions, it is critical for you to have a Power of Attorney to manage your finances and property. This is often a friend, family member, or trusted advisor.

WHY SHOULD I MAKE ESTATE PLANNING A TOP PRIORITY? You can expose yourself, your family, and your assets to the lengthy and costly probate process and otherwise avoidable taxes. Minor children may not end up with the guardians you want. Without naming a legal guardian in your estate plan, friends and family could battle out custody in court. This can create unnecessary expenses and litigation for your estate and heirs.

If you don’t plan for the possibility of incapacity, you will have no say in who makes medical and financial decisions for you. The court will be forced to appoint a guardian, not of your choosing. This process can be very expensive and time-consuming.

We know estate planning can feel overwhelming or like you don't really need it. But estate planning is not just for the wealthy – we help people from all walks of life to ensure their assets and finances are properly managed after their death or during their disability. If we can be of service to you, your family, friends, neighbors, or coworkers, give us a call at 253.858.5434 to set up an appointment for a free initial consultation today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Everyone knows the adage "the Devil is in the details" and that's exactly why business owners need an experienced lawyer on their side for legal advice.

Contracts can be verbal, but typically they're going to be in writing so there’s no game of "he said, she said." They are legally binding for both parties. Contracts are legally enforceable agreements and when it comes to business, they can be made between owners, new employees, contractors, vendors, government bodies, financial institutions, and plenty of other people or organizations. Each contract is different and can be anywhere from just a page or two to hundreds.

Everyone knows the old adage “the Devil is in the details” and that’s exactly why businesses need an experienced lawyer on their side for legal advice. While you’re going to be drafting the most contracts towards the start of your large or small business, new contracts will constantly keep coming up. As a savvy business owner, you probably are aware that you should avoid picking apart contracts all on your own. And that’s smart — generally you want to avoid signing contracts without first having your legal counsel review them.

Once the contract is signed, you can’t simply back out of it easily. Often, a breach of contract ends with very expensive litigation, so it’s important to know exactly what you’re signing on for. These “gotcha” clauses are exactly the type of thing you need a legally trained eye to pick up on.

As a business owner, you may be thinking how expensive it is to hire a lawyer. It is true that legal work is generally pricey, but just think about how much more expensive a lawsuit could be down the road. They’re not something to mess around with, since they have bankrupted countless businesses. Besides, there are budget-friendly options and lawyers who charge based on package deals rather than with a standard hourly rate.

We draft contracts, review them, and offer you advice specific to your situation. Generally, we will also offer litigation as well, should anything go wrong and you have a dispute or breach of any contract you’ve signed onto.

If you’re still not convinced, here are some key reasons to get legal help for your business.

TRICKY WORDING. It’s called legalese for a reason — it may as well not be English! Words meant to trip you up at first glance are put there for that exact reason. Sometimes you read something and think it means something completely different. Lawyers know exactly the kinds of tricky words that are often put in contracts to make them hard to read.

CATCHING LOOPHOLES. Loopholes are “an ambiguity or omission in the text through which the intent of a statute, contract, or obligation may be evaded,” so they’re oftentimes things that are intentionally left out or worded strangely to add to confusion.

As a small business owner, you probably don’t have enough expertise and experience in law. Leave the legal issues to the experts. We have been trained and seen countless contracts over the years, so we know exactly the tricks other lawyers try to pull and can help protect you for your business needs. Everyone wants the contract to be in their favor, so when you’re handed a contract you need to be aware that the other party seeks to protect themselves. Not to imply that a partner or new vendor is necessarily malicious, rather they are simply ensuring things not work out that they are not left hanging.

VENUE OR FORUM SELECTION CLAUSES. Although in the digital age this is much less common, some parties may still try to slide a venue clause past you. This clause sets the physical location for any disputes to be resolved. While this may not seem harmful at the outset, it could obligate you to travel out of your way (perhaps with legal counsel as well) for a hearing. The cost of this could add up really quickly, thereby disincentivizing you from even doing it. Advice from a lawyer could avoid putting yourself in that position to begin with.

BETTER NEGOTIATING POSITION. If it’s just you against a lawyer negotiating the terms of a new deal, you’re up against a pro and might not have the upper hand. When making important business deals you want a level playing field, if not the advantage, to get the best terms. You might need someone who knows the ins and outs of contracts and who speaks legalese fluently. Ensuring both parties are satisfied with the deal will make for a stronger partnership and create a long-lasting relationship of trust. Start out with your new deal on an even keel and ensure your business thrives as a result.

PROTECT YOUR COMPANY AND EMPLOYEES. Poorly written contracts could put your company in a weak position and can put you and your team members in difficult situations. No one can tell the future, but having comprehensive contracts that cover a wide set of possibilities minimizes the risk for an unexpected curveball to derail your operation.

MONEY. When it comes down to it, hiring a lawyer will cost you. But not hiring one can really cost you down the road! A lawyer with experience in your industry will know what the customary contract terms are. A lawyer can offer advice on typical contract terms or write a contract that pushes the boundaries in your favor — potentially saving you thousands of dollars. There is no crystal ball, but the longer you stay in business and the bigger you grow, the higher the chances of something going wrong. Even if your company might be small and you may not think small mistakes can cost you much now, eventually you’ll hopefully grow and expand. Some of your early contracts may still be in effect and come back to bite you. Make sure you’ve prepared from the start.

PROJECT CONFIDENCE AND TRUST. Having everything done by the book, properly and with no funny business at the start establishes your business with a certain reputation — the good kind. Being a new business, you need to build confidence from the ground up and usually this starts with your first few key negotiations and contracts. Having a lawyer consulting on your end gives you that extra layer of credibility and professionalism to ensure your contractor, associates, and partnering organizations see you and your company as respectable. Later on, they will vouch for you. Word travels fast in business circles and a tarnished reputation is hard to live down.

OVERALL PIECE OF MIND. Running a business is hard enough as it is, why add extra worry to the matter? Don’t stress yourself out about every piece of paper to cross your desk. Contracts are hard and designed to be tricky. They’re made by the experts to be hard to understand intentionally. Don’t risk your business because your eyes glazed over on page 47 and missed a key phrase in one of the clauses. These kinds of things can come back to hurt you, so why chance it?

You are not an expert at contract interpretation or law, so contracts are probably not something you particularly enjoy reading through for hours and hours. You want to make sure you’re getting a fair deal and that you aren’t falling prey to some of the traps that are sometimes found in standard contracts. You definitely want to be reading all the contracts you sign, but make sure to have a contract attorney review it as well.

As we’ve mentioned before, being in breach of a contract is not great and can end up with very serious consequences. Depending on the wording, you may be tied up in court for years or even end up with a penalty so large it puts you out of business. When you’re getting into an agreement, make sure you know exactly what you’re signing on to. Not every clause is going to be 100% to your liking, but as long as you understand what you’re getting into you can generally avoid the headaches that come with contract surprises down the road.

If you're a small business owner and have questions about your business's contracts, give us a call at 253.858.5434 to set up an appointment today.

When your life undergoes a significant change, you'll want to make some adjustments to your estate plan to ensure it still functions accordingly.

An estate plan is not necessarily something you can fix in place and then forget. When your life undergoes a significant change, you will probably want to make some adjustments to ensure that your plan still functions accordingly. Let’s review a few major life events that provide good reasons to update your estate plan.

MARRIAGE OR DIVORCE. The presence or absence of a spouse could have a tremendous impact on how your estate is eventually divided. If you get married, you’ll want to ensure your spouse is cared for after you pass on. Of course, if you get divorced, you will probably want to re-allocate this money to another beneficiary.

CHILDREN OR ADOPTION. Children are awesome, whether they are your biological children, stepchildren, or children by adoption. Revisit your Will and other documents to make sure they include all of your children as you would like. State intestacy laws might ensure that each of your children can receive something from your estate, but the law may not divide your assets the way you want if you don’t have a written estate plan in place.

BUYING OR SELLING A HOME. The purchase or sale of real estate can dramatically impact the value and liquidity of your estate. It has a trickle-down effect, affecting the inheritance that each of your beneficiaries can expect to receive. After purchasing real estate, you may also want to consider establishing a Revocable Living Trust, especially if you own property in more than one state. With a Revocable Living Trust, your property could be transferred directly to your beneficiaries after your death. It could also ensure that your house and property don’t wind up mired in the probate process after your passing.

NEW FINANCIAL ACCOUNTS. Changes in your finances, such as receiving an inheritance, might prompt you to open new financial accounts. It should be reflected in your estate plan so that your Personal Representative will have an accurate listing of your financial assets, and the money in these accounts can be properly distributed to your beneficiaries.

STARTING, BUYING, OR SELLING A BUSINESS. Business succession planning provides an outline of the way that your business is to be managed. You may need to establish or update your plan to avoid confusion when changes in business leadership occur.

MOVING TO A NEW STATE. When you move to another state, you should also plan to review your estate documents. Since laws vary from state to state, there are no guarantees your estate planning documents fulfill the requirements of your new home.

DEATH. The sad truth is there is always the possibility you may outlive some people named in your estate planning documents. Whether it is a beneficiary, Personal Representative, Trustee, appointed Guardian, or attorney-in-fact, make sure to update your relevant estate planning documents to fill any gaps created by the unfortunate loss of a friend, partner, or family member.

MEDICAL CONDITION. A serious medical diagnosis or sudden injury should prompt an urgent review of your estate planning needs. It may be time to change your designations regarding who you want to handle health care decisions or financial business if you become incapacitated. Make sure your estate planning documents reflect your wishes and that you have completed all the documents you need.

CHANGING YOUR MIND. What you want for your estate plan today might not be what you want in the future. If you’ve had a change of heart regarding how you want your estate handled, work with your lawyer to make sure your wishes are clear.

Planning for the future is an act of kindness for your loved ones. Let us help you through the estate planning process and prepare you for whatever lies ahead. If we can be of service to you, your family, friends, neighbors, or coworkers, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Estate planning can be difficult to think about. An experienced lawyer can help you navigate through complicated situations.

Estate planning can be difficult to think about. Overall, it forces individuals to contemplate fiscal matters that will occur while they are living and after their own deaths. It's thus extremely important to make sure assets are managed prudently and that next generational family members will receive inheritances, without incident. Although any lawyer can draw up a simple Will for straightforward situations, seasoned estate planning lawyers can help navigate more complicated situations involving several Trusts and multiple heirs.

When building an estate plan, you may have a variety of concerns, including the following:

* Maintaining an orderly administration of assets while you are living

* Managing estate assets flexibly while you are living

* Reviewing estates involving tenants in common or community property

* Considering assets in multiple states

* Examining small business assets

* Naming your children’s legal guardian

* Ensuring that your heirs and loved ones receive your assets

* Helping to reduce or avoid conflicts and confusion

* Minimizing legal expenses and taxes

* Assessing wealth preservation

These topics and the questions below are a good place to start when searching for the best lawyer for your needs.

QUESTIONS FOR YOUR POTENTIAL ESTATE PLANNING LAWYER. The following questions will help you to learn about estate planning and to determine if a prospective estate planning lawyer is right for you.

IS YOUR PRIMARY FOCUS ON ESTATE PLANNING? Proceed with a candidate only if they answer "yes" to this question. An estate planning will be current with all changes to statutes and have the necessary strategic know-how to carefully word your documents in the most effective way possible.

HOW LONG HAVE YOU BEEN PRACTICING LAW? Obviously, you should strive to find the most experienced lawyer possible — one who has seen prepared documents take effect after a client's death. Such lawyer will have faced challenges from courts or the IRS and will know how to overcome any hurdles.

DO YOU ACTUALLY EXECUTE THE PLAN? Some lawyers merely draw up estate planning documents, while others also execute and supervise the funding of the associated Trusts. It's generally more efficient to retain a lawyer in the latter category, who can ensure that the correct assets are transferred into the Trust.

DO YOU CONDUCT PERIODIC REVIEWS? Some estate planning lawyers will regularly review your plan. This can be important, as adjustments to your plan may be necessary if you experience a life change or a change in your finances. New legislative acts also could potentially change aspects of your estate planning.

WHAT IS YOUR ESTATE TAX EXPERIENCE? HOW CAN I BEST MANAGE ESTATE TAXES? Case in point: The Tax Cuts and Jobs Act of 2017 raised the estate tax and generation-skipping transfer tax exemptions until 2025.

CAN YOU HELP ME CREATE A COMPREHENSIVE ESTATE PLAN? You may have a Will and multiple types of Trusts and life insurance plans and comprehensive estate plans can include all of these. So it's important that your estate planning lawyer is knowledgeable in these areas. You might want your lawyer to help you understand the nuances of each estate planning tool and discern the ones that might be right for you.

HOW DO YOU CHARGE? Many estate planning lawyers charge flat fees instead of billing by the hour. Some do both, where they charge a fixed rate for standard services like establishing a Trust, then charge an hourly rate for special research tasks. In any case, it's wise to inquire about compensation models ahead of time to avoid surprises.

HOW DO YOU FEEL ABOUT REVOCABLE LIVING TRUSTS? Putting assets into a Revocable Living Trust can avoid the costly and onerous probate process (filing a Will with the court). But this may not be the best move for everyone, because Revocable Living Trusts don't avoid inheritance, estate, or income taxes. Unfortunately, some lawyers recommend these structures for every client simply so they can charge more money.

WHAT OTHER ISSUES DO YOU ADDRESS? As life expectancy increases, so does the probability of long-term physical and mental health issues. Estate planning lawyers should help clients prepare for the possibility of disability or dementia by drawing up Powers of Attorney and Living Wills.

HOW LONG WILL IT TAKE TO COMPLETE MY ESTATE PLANNING PROJECT? While there is generally no extreme rush, bear in mind that you may wish to discuss aspects of your estate plan with other professionals, such as accountants, financial planners, or wealth managers. While a lawyer's expertise may overlap with these fields, they may not be a general tax expert or investment advisor. Give yourself enough time to gain a broader, big-picture perspective on your estate plan and the logistical practicalities of implementing it.

WILL YOU SEND ESTATE PLANNING DOCUMENTS FOR ME TO REVIEW? Even if you’re working with an experienced estate planning lawyer, it's essential to review all documents to avoid any miscommunication. Be clear about what can be changed later, and what is irrevocable.

DOES YOUR LAW FIRM TYPICALLY NAME ITSELF AS TRUSTEE OR PERSONAL REPRESENTATIVE? The answer to this question should be no, as a "yes" suggests a conflict of interest, among other issues. A spinoff question might be "does a subsidiary of your firm do asset management?" The answer to this question should also be a "no."

SOME QUESTIONS FOR YOU. Here are several questions you should ask yourself:

* When meeting with a potential estate planning lawyer, how comfortable do you feel?

* Does your lawyer communicate well and clearly?

* Do you agree with their general values? How does their bedside manner make you feel?

* Do you have a good rapport?

* Can you envision speaking with this individual about very personal matters?

Trust your instinct to determine if a particular estate planning lawyer is right for you. Estate planning can be complex, both emotionally and legally, so it's imperative to choose a lawyer who can deftly handle all of its elements.

If we can be of service to you, your family, friends, neighbors, or coworkers, give us a call 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.

Our Estate Planning Process

When we meet with clients to prepare their estate plans, we begin with an initial meeting, preferably in person, to take the time to discuss their goals, needs, plans, assets, liabilities, and family situations and really get to the know the clients. This meeting gives us the basis for exactly what type of plan and exactly what documents the clients need to achieve their goals. We then spend a significant amount of time drafting the necessary documents and then we send them to the clients for review and approval. Assuming the documents we have prepared are correct and acceptable to the clients, we then schedule a second meeting for them to come in to our office to have the documents properly signed, witnessed, and notarized. We generally charge a flat fee for estate planning legal services and the clients know the exact cost of retaining us by the time the initial meeting is over.

If you have questions about the estate planning process or if we can be of service to you, your family, friends, neighbors, or coworkers, give us a call at 253.858.5434 to set up an appointment today. We represent clients throughout Washington and Idaho.

We provide legal counsel to clients in planning for the optimum ownership and disposition of personal wealth, both during life and at death.

We provide legal counsel to clients in planning for the optimum ownership and disposition of personal wealth, both during life and at death. We advise clients on structuring ownership of family businesses and other assets in order to achieve each family’s personal and business objectives in the most tax efficient manner. We implement planning techniques which are tailored to each client’s personal, financial, charitable, risk management, and other objectives. We also focus on opportunities for the optimal transfer of assets to family members at favorable valuations to minimize tax consequences.

We possess particular expertise in the administration of estates, including those holding real estate and business interests. We implement innovative strategies to maximize clients’ assets passing to the next generation through the use of tax elections, disclaimers, and other sophisticated planning techniques. We follow a multi-disciplinary approach that incorporates our business, real estate, tax and other knowledge and experience.

Our administration services include the valuable assistance of experienced tax accountants, financial planners, investment advisors, insurance experts, and family counselors.

In the planning process, we also work extensively with clients in fulfilling their philanthropic goals, whether through outright gifts or charitable entities. Many of our clients have created private foundations, private operating foundations, and donor-advised funds. We offer guidance on the best vehicles to meet the family’s charitable goals and assist with the ongoing administration of the family entities.

If you have estate planning questions, 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.

February Deals for New Estate Planning Clients!

It's February -- the month of Valentines and Cupid and flowers and all that! You love your significant other and want to take care of them, right? Here's what we'll do to help. For new clients who hire us during the month of February, we'll provide estate planning legal services for couples at the same flat fees we do for single individuals! What could be more romantic than meeting with your lawyer and signing estate planning documents together? 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 by video conference.

Many of our estate planning clients are artists and their estate plans involve unique practical hurdles and intellectual property issues.

Many of our clients are artists and their estate planning involves unique practical hurdles and intellectual property issues. Artists worry about their creations and how they will fare in the world after they are gone.

CATALOG YOUR WORK. Before we draft a Will or Trust for an artist client, we encourage them to inventory their work. This inventory or catalog can simply be an excel spreadsheet or paper notebook with the following information:

* Image or description of piece.

* Title and date

* Physical location (auction house, studio, home, gallery, etc.)

* Contractual agreements, licenses, or royalties.

* Appraised or approximate value

* History of sales

This makes it easy to keep track of the physical location as well as any outstanding contractual obligations. If the artwork is of considerable value, the pieces should be insured. There are many free digital tools online, such as ArtDex.

HOW IS ARTWORK TREATED IN YOUR WILL? Artwork is considered “tangible personal property.” In many simple Wills, little consideration is given to how tangible personal property is distributed, even though such property consists of the artist’s own work and/or valuable art collection.

Technically all tangible personal property should be appraised upon the death of the testator, but that is rarely done because there is little monetary value to such items – books, clothes, household goods, furniture, art! Sometimes such items are thrown out, doled out to relatives, or there is an estate sale. As you can imagine, if artwork is sold as part of an estate sale, it is likely not being sold for its true worth.

To avoid your artwork being treated like yard sale paintings, you need to make arrangements in your Will or Trust. As many artists collect or are gifted work of other artists, you also want to clearly differentiate between your own creations and works from other artists, as well as collaborations.

SPECIFIC BEQUESTS OF ARTWORK. You should consider any specific pieces of artwork you want to gift to friends or family upon your death. A specific bequest is the gift of a specific asset that is clearly identified and left to a specific person. If the item is not in existence at the testator’s death, then the bequest lapses and becomes part of the testator’s residuary estate. For example, if you sell a painting you left in your Will to your sister, your sister does not inherit the proceeds from the sale.

PRESERVATION OF YOUR ARTISTIC LEGACY. An important consideration is how to preserve the physical art pieces themselves. Some artists donate all or a portion of their artwork to their alma mater. If this is your wish, it is important to contact the school ahead of time to make sure they can comply with your wishes. Further, if prominent enough, the school may allow you to have input on how your artwork will be used – in an exhibition, at an auction to benefit the school, or simply preserved for educational purposes.

If donating is not your wish or impractical, you can simply create a testamentary Trust that is created upon your death. You would name a Trustee to take charge of your artwork, literary works, or musical compositions upon your death. This individual could be given wide latitude in deciding how to preserve your works.

What about unfinished works? Some artists prefer unfinished works be destroyed – your preference should be documented.

SALE OF ARTWORK UPON YOUR DEATH. If, instead, you want your heirs to reap some commercial benefit from your work, then steps should be taken to set up a Trust, foundation, or LLC during your lifetime or upon your death. This option involves making sure there is enough money allocated for insurance and to properly store the artwork in a studio or storage facility.

Whichever organizational structure is decided upon, there must be an agreement as to how commissions and expenses will be paid. An individual must be appointed to head the foundation, Trust, or LLC. This could be a family member or an independent professional. If naming a family member or friend, make sure that they have the authority to hire professionals if needed. For example, you will need to avoid novice mistakes such as the “bulk discount” phenomenon – the idea being that if all of the art in your estate is put up for sale at once, the prices will drop and each individual piece will therefore be worth less.

Much as you would with any asset, you direct how the proceeds from sales of your artwork are distributed to your beneficiaries. Will your beneficiaries receive all the net proceeds outright or in trust? Such beneficiary Trusts could be structured to avoid estate taxes on their death and benefit future generations. A Bypass Trust structure could provide income to a spouse for life and the remainder to children and grandchildren – a popular option for blended families. If an LLC, beneficiaries could share in assets based on their percentage of the LLC interest, without having to parse out artwork.

INTELLECTUAL PROPERTY AT DEATH. You need to also consider the intellectual property rights in the artwork. Contrary to popular belief, “copyright” is automatic and extends to “original works of authorship fixed in any tangible medium of expression” and lasts for the life of the artist plus 70 years. Copyright vests in the creator at the time the work is made and is distinct from the physical art piece. For example, even if you sell a physical painting, you retain the copyright in the artwork unless you include that right in the sale – in writing.

Copyright includes the legal right to make and distribute copies and “derivative works.” These copyrights can be licensed or assigned permanently or for a limited time. You would not only want your heirs to benefit from such licensing fees or royalties, but control how your work can be used. You could consider granting copyright in one or more specific art pieces to a local non-profit.

Without a Will or Trust that thoughtfully lays out your wishes, you will have no control over your art at death. It is important to choose the right people to preserve your legacy and give them clear directions. You also want to avoid discord between family members. Remember that Pablo Picasso died without a Will – and the estate ended up paying $30 million dollars just in attorneys' fees.

If you are an artist, author, musician, or songwriter and have questions about the estate planning issues unique to artists, 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 heard your personal injury claim referred to as a "MIST" case, you may be wondering what this term means and how it affects your right to compensation.

If you’ve heard your personal injury claim referred to as a MIST case, you may be wondering what this term means and how it affects your right to compensation. MIST is an acronym for "Minor Impact-Soft Tissue." This terminology was first adopted in the 1990s, when insurance companies began to claim that vehicle occupants can’t sustain serious or permanent injuries from low speed collisions with minimal property damage. There is little scientific basis for this statement, but the expression still remains.

ABOUT MIST CASES. Any type of auto collision involving connective tissue injuries instead of broken bones is a MIST case, although the majority of MIST cases are collisions with less than $1,500 in property damage. The four connective tissue injuries commonly involved in a MIST case are whiplash, sprains, strains, and contusions.

* Whiplash. Also referred to as a cervical strain or sprain, whiplash is caused by the violent jerking of your neck back and forth due to the impact of the collision — similar to how you would crack a whip. This condition can cause headaches, dizziness, sleep disturbances, memory or concentration issues, and chronic pain in the back and neck.

* Sprain. A sprain is a stretch or tear of a ligament in one of the body’s joints such as the arm, wrist, knee, or ankle. Sprains can cause pain and swelling that make it difficult to complete daily activities. Treatment usually involves a brace or splint to immobilize the impacted area while it heals. Physical therapy or corrective surgery may be needed in more serious cases.

* Strains. Strains occur when a muscle or tendon is stretched or torn. When someone is involved in car crash, the back is the most common location for a strain. Treatment is similar to a sprain.

* Contusions. Contusions are injuries that occur when capillaries under the skin are ruptured. The area is discolored and painful. Most contusions heal over time, but it’s possible for muscle fibers and connective tissue under the skin to be permanently damaged in more severe cases.

COMPENSATION AVAILABLE IN A MIST CASE. Although MIST cases don’t involve broken bones, they can still be serious. A personal injury claim in a MIST case can seek compensation for:

* Medical expenses, including emergency room care, follow-up care, and any prescription pain medication.

* Loss of wages for time taken off work during the recovery period.

* Pain and suffering, including both the physical pain and the emotional trauma of the collision.

PROVING YOUR CASE. Since connective tissue injuries result in less obvious symptoms than broken bones, patients are often accused of faking or exaggerating their injuries. To prove a MIST case, you need copies of your medical records and testimony from your healthcare provider to verify the extent of your injuries. Photos of the crash scene and a journal detailing your symptoms throughout the recovery process may also be helpful in building a strong case.

With a MIST case, it’s very important that you follow your healthcare provider’s treatment recommendations precisely. Skipping appointments or returning to work earlier than your doctor recommends can be interpreted as an indication that your injuries aren’t as serious as you claim.

SEEKING LEGAL REPRESENTATION. Although MIST cases are considered smaller personal injury claims, that doesn’t mean you should forgo legal representation. In a MIST case, the insurance company is often eager to save money by claiming the victim is exaggerating the seriousness of the injury. Without a lawyer to represent your interests, you risk having your claim denied or being offered a settlement that’s less than what you deserve.

If you or a loved one has been injured in an auto collision, give us a call at 253.858.5434 to set up an appointment for a free initial consultation today.

If you've been hurt in a car crash, the medical bills, car repairs, lost wages, and other hardships can be daunting, but you do have legal options at your disposal.

An auto collision can change your life forever. If you've been injured by a negligent driver, the medical bills, car repairs, lost wages, and other hardships you face can be daunting, but you do have legal options at your disposal. We help people who have been injured or who lost loved ones in auto collisions seek compensation for their many hardships. We have extensive experience handling personal injury claims and a long track record of success in winning positive results for our clients. We have many resources at our disposal that help us investigate the causes of crashes, demonstrate liability, and present compelling cases for our clients.

We utilize investigative tools such as:

* Accident reconstruction experts

* Private investigators

* Accident scene photographers

If you have been injured by a careless or negligent driver, we will help you seek the compensation you need and deserve. Dealing with insurance companies is often the biggest challenge of handling an auto injury case. If you are contacted by the other driver’s insurance provider, you may be pressured into settling for far less than your case is worth, and you may be pressured into making statements that harm your own legal prospects.

We urge you to consult an experienced lawyer before accepting any offer from an insurance provider. We have the knowledge and experience to deal with them on your behalf and seek the most favorable results for you.

If you have been injured in an auto collision and are wondering how you will pay for your medical bills, lost wages and other hardships, we are here to help. Call 253.858.5434 to set up a free initial meeting to speak with an experienced lawyer.

Creating an estate plan or serving as a Trustee or as a Personal Representative can be overwhelming. We offer broad experience as well as personalized services to help you make sound decisions.

Creating an estate plan or serving as a Trustee or as a Personal Representative in a probate can be overwhelming. We offer broad experience as well as personalized services to help you make sound decisions.

ADVANCED ESTATE PLANNING. Washington is currently the only state in the nation to have an estate tax and no income tax. Further, Washington has a state tax exemption that is a different amount from the federal tax exemption and currently has no gift tax. We understand this complex tax framework and routinely design sophisticated estate plans to help our clients reduce federal estate and gift taxes as well as Washington estate taxes.

SUCCESSION PLANNING FOR FAMILY OWNED BUSINESSES. When it comes to succession planning, preparation is key. Once a business becomes successful and the founders reach retirement, the company must traverse a difficult path to successfully pass on the control and ownership of the business. From outlines and checklists to complete succession plans, we help our clients transition their prosperous businesses to their families, and sometimes to their employees.

PROBATE, POST-MORTEM TAX PLANING, AND TRUST ADMINISTRATION. When a death occurs in a family, we provide compassionate and efficient service at a difficult time. We help Personal Representatives manage and protect the assets of an estate, determine the validity of creditors' claims, resolve disputes among beneficiaries, and conduct valuable after-death tax planning. We also represent Trustees of Revocable Living Trusts and Irrevocable Trusts, providing counsel and direction regarding Trustee duties, Trust taxation, and Trust distribution matters.

If you have estate planning or estate administration questions, 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.

Estate planning is multifaceted, encompassing property, business, contracts, tax, and many other areas of the law.

Estate planning is multifaceted, encompassing property, business, contracts, tax, and many other areas of the law. It also serves a number of important purposes – it can help you avoid probate, minimize or eliminate estate taxes, and provide instructions on how to manage your affairs during your incapacity and settle matters and control your estate, even after your death. We can help you develop a new estate plan or work with you on modifications to an estate plan that is already in place.

BASIC ESTATE PLANNING. Basic estate planning documents include either a simple will or a "Pourover" Will with a Revocable Living Trust, Durable Power of Attorney for asset management, Directive to Physicians ("Living Will"), and a Health Care Power of Attorney for health care decision making in the event of your incapacity, to make sure that your wishes are respected.

There are additional estate planning considerations for non-U.S. citizens and their spouses, including the use of a Qualified Domestic Trust (QDOT) to defer the harsh tax treatment often given to non-U.S. citizens.

If you have children, you should also consider the benefits of a Trust or Special Needs Trust, to ensure that your children’s inheritance is properly managed and their assets protected.

ADVANCED ESTATE PLANNING. If the total value of your assets is over the estate tax exemption amount, which varies by year, you should explore the tax-saving benefits of a Marital Trust and Credit Shelter Trust, IRA Distribution Planning, as well as the possibility of incorporating an Irrevocable Life Insurance Trust, Charitable Trust, Family Limited Partnership and/or Family LLC into your estate plan.

Individuals with extensive property and/or business interests can benefit from Conservation Easements, Family Business Continuation Plans, “estate freezing” techniques, and wealth management services. An individual with business interests may also protect their assets from future creditors by establishing a Foreign Trust.

ESTATE ADMINISTRATION. We work closely with Personal Representatives, Guardians, and Trustees, helping them carry out their responsibilities in accordance with the law and the testator’s wishes. We advise clients on how to properly distribute estate assets through probate proceedings or Trust administration and ensure the most tax-efficient accounting and valuation of estate assets for purposes of the final income tax return and estate tax return preparation.

We can help save your loved ones considerable sums in probate fees and estate taxes, as well as a great deal of aggravation. Contact our office today at 253.858.5434 for a consultation. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

We help entrepreneurs start a new business. This might include getting the startup set up as a legal entity and drafting the documents the company may use with its customers and employees.

We help entrepreneurs through the early legal processes involved in creating a new business. Some of these items might include getting the startup set up as a legal entity with the State, assisting with securing funding through negotiating, creating, and modifying investment contracts, and drafting the initial set of documents the company may use with its customers and employees.

We also assist startups with protecting their intellectual property, ensuring compliance with local and federal laws, and drafting employment contracts.

Some of the things we do for small business owners include:

BUSINESS FORMATION. The earliest role that we play occurs when we assist clients with the business formation. This means that we can help you to establish your business as a legally recognized company with the state and federal government. We will consult with our clients to figure out what business entity is right for them, and then prepare the documentation to file with the government. This can include:

* C Corporations

* Limited Liability Companies (LLC)

* S Corporations

DRAFTING INITIAL LEGAL DOCUMENTS. Drafting legal documents is one of our most important jobs. Since legal compliance is essential to legitimate companies, startups hire us to draft their foundational legal agreements that comply with the regulations of their industries.

Investment contracts are a great example of document drafting that is crucial to the success of a startup. We negotiate and draw up fundraising documents for startups to provide to potential investors that outline the terms of the deal. Popular fundraising documents can include SAFE Notes and convertible notes.

Working with an experienced lawyer is helpful because many startup founders are hesitant to advocate for themselves with investors since they are often eager to receive capital to fund their ideas. Investors are also savvy and may take advantages of a naive founder to get a good deal with their investment.

Some legal documents we routinely draft for our clients include:

* Shareholders agreement

* LLC Operating Agreement

* Employment contract

* Privacy Policies

* Noncompete Agreements

* Service Contracts

CONTRACT REVIEW. Building positive working relationships is one of the biggest goals of any new startup. As a budding company, fostering positive interactions with others in the industry is a great way to foster growth and success starting in the early days of a company’s development.

Startups are responsible for drafting many of the legal agreements that go into keeping them in business, but external contracts are also required to sign at times. For example, if you need to license a certain piece of technology for your product to run successfully, you may be asked to sign a software license. We know how to read these contracts and which terms are mutually beneficial for their clients and which aren’t.

Having an experienced lawyer on your side for contract review means that you won’t be taken advantage of or end up in a situation you didn’t know you agreed to. Having a pair of expert eyes to review agreements is your best line of defense against being deceived.

EMPLOYEE STOCK OPTIONS. New companies sometimes have almost no money to offer their employees while they are in their infancy. To compensate for this, many startups offer employee stock options to members who are with the company in its early stages. We help company leadership decide how employee stock options work, how they are awarded, and what their vesting schedule might be. Stock options are complicated and making sure you work with a lawyer who has a deep understanding of how they work and what par is for the industry is important.

COMMERCIAL LEASE GUIDANCE. Startups need commercial space to grow their businesses. Commercial leases are much more complex than their residential counterparts and if businesses aren’t careful, they could get stuck in an agreement they’re not happy with. We are well-versed in the laws surrounding commercial leases and they are familiar with common terms and processes. We offer a helping hand to these leases to ensure clients get the best deal possible.

The new year is approaching and if you're thinking about starting up a new business in 2023, give us a call at 253.858.5434 to set up an appointment to see how we can help.