When including people under 18 in your estate plan, you need to take extra steps to ensure they receive the full gifts you intend to give.

When you're preparing your estate plan, it's natural to want to provide for your children, grandchildren, and other family or friends who are younger. When those potential beneficiaries are under the age of 18, however, you need to take some extra steps with your estate plan to ensure that they receive the full benefits that you intend to give.

YOUR PLAN COULD INCLUDE A TRUST. Many people are suspicious of Trusts because they think Trusts are unnecessarily expensive and complicated. While some Trusts do deserve this reputation, other Trusts can be quite simple and easy for a family member to manage.

A Trust is a legal entity that holds property for someone. The person named as Trustee manages the property you put into the Trust, but they don’t use it for themselves. Instead, they oversee management and distribution to the beneficiary.

Your gift to a minor can be put into a Trust to allow an adult to manage the property until the minor reaches a certain age or another milestone occurs. The Trustee can still spend money for the beneficiary's health, education, support, maintenance, and general welfare even if the beneficiary is still a minor. The minor will not have direct access to funds in the Trust without going through the Trustee. This prevents them from wasting assets due to inexperience or predatory practices by creditors.

UNIFORM TRANSFERS TO MINORS ACT (UTMA). Washington and Idaho law both protect minors by allowing assets gifted to minors to be held in a special custodial account until the recipient reaches the age of 21 (for gifts made during the donor's lifetime) or 25 (for gifts made after the donor's death). Since minors are not legally allowed to own property, the property they receive would ordinarily have to be under the control of their guardian or a Trustee.

The custodian of an UTMA account is bound by some of the same rules as a Trustee. They have a duty to manage the account responsibly and in the best interests of the minor. An UTMA account is much less complicated than a Trust. However, the recipient may gain access to account funds all at once with no control when they turn 21 or 25, so if that recipient lacks the maturity to manage the money, it could be subject to abuse or predatory practices of others.

To make a gift through an UTMA account, the gift is named to the custodian for the benefit of the beneficiary.

529 TUITION PLANS. Parents and grandparents also frequently make gifts to minors through a federal 529 plan. These plans provide ways for minors to accumulate funds that grow tax-free so long as those funds are used for higher education.

GIVE US A CALL. When all components of your estate plan coordinate together, you gain the best advantages for yourself as well as all members of your family. We can help you take advantage of tax benefits to minimize gift and estate tax liability. We can also help you take steps to protect your loved ones and ensure that your gifts are used for the purposes you intended. Just give us a call at 253.858.5434 to set up an appointment today.

What exactly is an estate plan?

An estate plan is the plan a person makes for the management of their finances and health care in the event they become incapacitated, and the plan for the administration of the person’s estate after they have died. In Washington and Idaho, a person typically uses an estate plan to accomplish these goals:

* control how the person’s property will be distributed upon the person’s death;

* avoid uncertainties in the administration of probate proceedings;

* avoid or minimize estate tax liability;

* arrange for the care of the person’s minor children and other dependents upon the person’s death;

* appoint others to manage the person’s financial and medical matters if the person is unable to do so; and

* choose whether life-sustaining treatment should be continued if the person is ever in a terminal or permanent unconscious condition without any reasonable probability of recovering.

Estate plans accomplish these goals using a variety of legal devices, such as Wills, Trusts, Powers of Attorney, and Health Care Directives, together with beneficiary designations and ownership interests of nonprobate assets. Every person’s unique needs and goals must be considered when deciding which devices to use for the person’s estate plan.

If you have questions about preparing an estate plan, 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.

An LLC is a business structure that combines the advantageous tax structure and administrative flexibility of a partnership with the limited liability protection offered by a corporation.

A limited liability company, or LLC, is a business structure that combines the advantageous tax structure and administrative flexibility of a partnership with the limited liability protection offered by a corporation. LLCs are popular among small business owners. To create a LLC, you'll need to file a Certificate of Formation with the state and adhere to other procedures and eligibility requirements.

NAMING YOUR LLC. Washington has specific naming rules for your LLC as follows:

* The name must include LLC, L.L.C., Limited Liability Company, or Limited Liability Co.

* The name must be different than those of other businesses registered with the state.

* The name must not cause confusion with the name of another business.

* The name must not include restricted words such as bank, banking, banker, trust, partnership, cooperative, corporation, corp., incorporated, LP, LLP, inc., ltd., or combinations of industrial and loan and combinations of any of the following words: savings, loan, association, home, society, and building.

Once you choose a name that meets these requirements, you can search the Washington Secretary of State business name database to find out whether it's available. If the name is not taken, you can reserve it for 180 days for a fee of $30. You should also see whether a domain name is available for your preferred name and purchase it to create a website for your business.

DESIGNATING A REGISTERED AGENT. The registered agent is an individual or business who is responsible for accepting service of process and other legal paperwork on behalf of your LLC as well as submit annual state filings. The registered agent must be a Washington resident or an LLC or corporation that is registered to do business in the state, both with a physical address in the state. You or another LLC member can serve as a registered agent. You can also opt to use a registered agent service if you live out of state, if you want the convenience of a service that's open during business hours, and if you want guidance about legal professionals and accountants in the state.

FILING A CERTIFICATE OF FORMATION. You can access a form of the Certificate of Formation from the Washington Secretary of State website. This form is required to create your Washington LLC. It asks you to provide the name and registered address of your LLC, its date of formation, whether its existence is perpetual or limited, whether the business will be managed by the members or by professional managers appointed by the members, and names and addresses of the members responsible for creating and signing the certificate. The paperwork can be submitted by mail or online and will be processed in two to three business days if you do so online. The online filing fee is $230 and the filing fee for mailed documents is $180. The form is payable by a debit or credit card online and can also be paid by check if you file through the mail.

DRAFTING AN OPERATING AGREEMENT. An operating agreement is not required by Washington law, but can help you organize the affairs of your LLC. This document does not need to be filed with the Secretary of State but should be saved as a reference of the business's operating rules and regulations.

CONSIDERING FINANCES. An EIN, or employer identification number, is used to identify your business with the IRS and is used to open a business bank account, hire employees, and file state and federal taxes. You can request a free EIN from the IRS. Even if your LLC only has one member, registering for an EIN helps you establish a separate credit history for your business and distinguish between personal and business finances.

To preserve the limited liability protection offered by your Washington LLC, keeping business and personal finances and expenses separate is essential. Opening a business bank account and line of credit are two important steps in this process. This will also make it easier to keep your business books and file taxes. Most Washington businesses must pay a Business and Occupation Tax. If your business has employees, you are subject to Unemployment Insurance Tax.

If you have questions about forming an LLC, give us a call at 253.858.5434 to set up an appointment today.

For those people in blended families, it's important to incorporate stepchildren into your estate plan.

The state of marriage has changed tremendously since the Brady Bunch first aired in 1969, giving rise to nearly as many blended families as traditional families. For those in this situation, it is important to incorporate stepchildren into your estate plan.

Many stepparents love their stepchildren as their own; it may come as a surprise that emotional bond is not protected by law. Laws of inheritance apply to biological children and formally adopted children. If you do not have the legal relationship, you need to make clear you wish your estate to benefit your stepchildren.

Frequently, an estate plan leaves all remaining property to children equally. This type of language will only apply to biological and adopted children. Some people believe their family will understand the intent and share. It is a nice thought, but it’s definitely not a foregone conclusion.

Even if you don’t have biological children, your estate planning lawyer will advise that your stepchildren still won’t have rights to your estate. Instead, if you die without a spouse and without a Will, your heirs will be your "next of kin," i.e., blood relatives, meaning your property could pass to distant relations who you don’t even see, rather than to the people you helped raise.

Be explicit and specific with your estate plan. Should you wish for your stepchildren to receive an inheritance, you must clearly document your wishes in your estate plan. Work with your lawyer to create a detailed Will or Trust that specifically includes your stepchildren in your class of beneficiaries. You can also name them as beneficiaries on life insurance or IRAs. This can be a nice option if you do not want your biological children feeling slighted, as they will not see who the other named beneficiaries are or how much they were provided.

Finally, please keep this in mind when your biological children are someone else’s stepchildren: should you get remarried and then pass away, leaving everything to your spouse, they could pass all to their biological children, effectively cutting off your own biological children. For this reason, Trusts are frequently used in blended families to provide for a surviving spouse, but also ensure your biological children are not deprived of assets.

Blended families are common and ensuring your wishes are clear and honored takes a little effort with a skilled lawyer. We would be honored to help you and your family protect who and what matters most. Please reach out to us at 253.858.5434 to set up an appointment today.

Parents love their children and want them to inherit. However, many parents are concerned about their children's spouses. You can take steps to protect your children's inheritances.

Parents love their children and want their children to inherit. However, many parents are concerned about their children's spouses. Fifty percent of all marriages end in divorce. What happens if a parent dies, leaves everything to his daughter, who commingles the funds with her husband and subsequently his daughter divorces the son-in-law? Through equitable distribution, the son-in-law may wind up with half of the parent's estate. In many instances, the son- or daughter-in-law simply exercises considerable influence over the natural child with the result that the inheritance is dissipated foolishly.

One solution is to encourage children to sign prenuptial agreements, but many children are very reluctant to bring up such a document with their soon-to-be new spouse. An alternative is to establish Trusts so that the assets are not commingled and made subject to equitable distribution. An independent Trustee should be selected and withdrawal rights given to the children can be limited.

One way to protect a child’s inheritance from a less-than-ideal spouse or ex spouse is through establishment of a Dynasty Trust. A Dynasty Trust should always be considered when the son- or daughter-in-law:

* Is a spendthrift and/or poor money manager.

* Has difficulty holding a job.

* Is a gambler.

* Is battling addiction issues.

* Is emotionally and/or physically abusive to child and/or grandchildren.

* Has children from a previous marriage.

* Is unfaithful.

* Is not close to and/or not on good terms with children from the child’s previous marriage.

* Is just generally untrustworthy.

Without a Dynasty Trust, a number of circumstances can put a child’s inheritance at risk.

* The inheritance can be squandered by the son- or daughter-in-law.

* If the inheritance is commingled with the assets of a son- or daughter-in-law during marriage, in a divorce it will be subject to equitable distribution.

* Grandchildren from a child’s first marriage could be disinherited by a son- or daughter-in-law from a second marriage.

* Grandchildren could effectively be disinherited if a son- or daughter-in-law receives part of the inheritance and squanders it through misuse or poor money management.

A Dynasty Trust is designed to keep money in the family, protecting the inheritance of the client’s children and their descendants. Dynasty Trusts offer a number of important benefits:

* Trust assets can be used only for blood descendants – the client’s children, grandchildren, great-grandchildren, etc. Specifically, assets in the Trust can be used only for the client’s children’s or descendants' health, education, maintenance, or support.

* Trust assets are never available to a son- or daughter-in-law, either during the marriage or in a divorce, through equitable distribution or alimony.

* Trust assets are protected from children’s creditors and those of sons- or daughters-in-law.

* The client’s child may be given control over the Trust.

* The child, acting as Trustee, can distribute principal to or for the benefit of himself or herself or to his or her descendants.

* The Trust terminates at the child’s death and the remaining principal can be paid only to the child’s descendants, or the assets can continue to be held in Trust for the benefit of the client's grandchildren, great-grandchildren, etc.

* The Trust is revocable during the client’s lifetime, but only by the client.

The client’s child can serve as initial Trustee of the Dynasty Trust or share this responsibility with an independent Co-Trustee. At any time, the child can resign from the Trustee role. He or she will be removed from the role automatically in the event of a divorce or lawsuit and reinstated only when the divorce is complete, the divorce action is terminated, or the lawsuit is resolved.

An independent successor Trustee can be appointed by Will or Trust or can be nominated by the child. That successor Trustee may be another child in the family or a financial institution or other professional fiduciary.

If you have questions about protecting your estate for your children and grandchildren, 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.

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.