Estate planning for people in unconventional relationships and non-typical arrangements.

In today's diverse society, relationships come in all shapes and sizes, transcending traditional boundaries. People in unconventional relationships and non-typical arrangements often face unique challenges when it comes to estate planning. To ensure their loved ones are protected and their wishes are upheld, it is crucial for these folks to engage in thoughtful estate planning that reflects their unique circumstances.

First and foremost, people in unconventional relationships should prioritize creating comprehensive legal documents, such as Wills, Trusts, and Durable Powers of Attorney, to outline their desires regarding asset distribution, guardianship of minor children, and end-of-life decisions. For these people, it is particularly important to establish their relationship through documents such as domestic partnership or cohabitation agreements. Additionally, people in unconventional relationships should carefully navigate inheritance issues and ensure clarity regarding family members' rights. Seeking professional help from an experienced lawyer can provide invaluable support throughout the process.

Remember, estate planning is not a one-time event. but an ongoing process that should be reviewed and updated regularly as circumstances change. Open and honest communication within the relationship is essential, allowing people to discuss their wishes, expectations, and concerns openly. By taking proactive steps toward estate planning, people in unconventional relationships can create a solid foundation for their future, ensuring their loved ones are protected and their legacy is preserved.

If you have estate planning questions, give us a call at 253.858.5434 today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Testamentary Trusts for children are an effective way to secure the financial future of minors, allowing parents to set aside assets and provide specific instructions for their distribution.

Testamentary Trusts for children are an effective way to secure the financial future of minors. These Trusts are established through a Last Will and Testament, allowing parents or guardians to set aside assets and provide specific instructions for their distribution. By creating a testamentary Trust, parents can ensure that their children's inheritance is managed responsibly until they reach a certain age or milestone, such as completing their education. Testamentary Trusts offer several benefits, including asset protection, tax advantages, and flexibility in determining how the funds are utilized. They provide peace of mind for parents, knowing that their children's financial well-being is safeguarded even in their absence.

One key advantage of testamentary Trusts is their flexibility. Parents can customize the Trust's terms according to their children's unique needs and circumstances. They can appoint a trusted individual or a professional Trustee to manage the assets on behalf of the children, ensuring that the funds are used for their benefit and protection. Additionally, testamentary Trusts can include provisions for discretionary distributions, allowing the Trustee to make financial decisions based on the children's evolving needs. This ensure that the children's inheritance is not squandered irresponsibly and can be used for crucial expenses like education, health care, or housing. Overall, testamentary Trusts provide a valuable tool for parents to protect their children's financial interests and promote long-term financial security.

If you have questions about using testamentary Trusts as part of your general estate plan, give us a call at 253.858.5434 to set up an appointment today.

Hiring a lawyer when starting up a new business is of paramount importance for several compelling reasons.

Hiring a lawyer when starting up a new business is of paramount importance for several compelling reasons. Firstly, a lawyer possesses specialized legal expertise that can guide entrepreneurs through the complex web of regulations and compliance requirements. From choosing the appropriate legal structure for the business to drafting contracts and agreements, a lawyer ensures that the startup adheres to all applicable laws, minimizing the risk of legal complications in the future. Moreover, a lawyer can provide invaluable advice on intellectual property protection, helping entrepreneurs safeguard their innovations and ideas from unauthorized use or infringement.

Secondly a lawyer acts as a proactive risk management tool, preventing potential pitfalls and mitigating legal disputes. By conducting thorough due diligence, a lawyer can identify any potential legal obstacles that may hinder the growth and success of the business. They can assist in negotiating and drafting contracts with suppliers, partners, and employees, ensuring that the startup's interests are well protected. In the event of disputes or litigation, a lawyer can represent the business in legal proceedings, employing their legal expertise to safeguard the company's rights and achieve the best possible outcome.

In conclusion, hiring a lawyer when launching a new business is a critical step for entrepreneurs. Their legal knowledge and guidance can help navigate the complexities of the legal landscape, ensuring compliance and minimizing risks. By acting as a risk management tool, lawyer can help safeguard the business's interests, allowing entrepreneurs to focus on building and growing their startup with confidence.

If you're thinking about starting up a new business, give us a call at 253.858.5434 to see how we can help! We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Estate planning goes beyond creating a Will and encompasses a comprehensive approach to ensure the smooth transition of wealth, minimize tax liabilities, and protect the interests of beneficiaries.

Estate planning is a crucial process that involves making arrangements for the management and distribution of one's assets and properties after their passing. It goes beyond just creating a Will and encompasses a comprehensive approach to ensure the smooth transition of wealth, minimize tax liabilities, and protect the interests of beneficiaries. Through estate planning, individuals can outline their wishes regarding property distribution, appoint trusted individuals to handle financial and healthcare decisions, and establish Trusts for the benefit of loved ones.

One of the primary goals of estate planning is to provide clarity and certainty in times of transition. By documenting preferences and instructions, individuals can avoid potential conflicts and legal disputes among family members and heirs. Additionally, estate planning offers the opportunity to minimize tax burdens through strategic asset allocation and the utilization of various legal tools, such as Trusts or charitable giving. This allows individuals to leave a lasting legacy while maximizing the benefits for their loved ones and philanthropic causes. In essence, estate planning empowers individuals to have control over their assets during their lifetime and ensures a seamless transfer of wealth while honoring their intentions after their passing.

If you have questions about estate planning, give us a call at 253.858.5434 to make an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Divorce is one of those major life events that warrant an update to your estate plan. When married couples decide to go their separate ways, a number of legal issues arise.

Divorce is one of those major life events that warrant an update to your estate plan. When married couples decide to go their separate ways, a number of legal issues arise. If you already have an estate plan in place, this is the time to review your Will, Durable Power of Attorney, Health Care Power of Attorney, life insurance, retirement plans and pensions, and any other assets that have beneficiary designations or are otherwise held jointly. If you don't already have an estate plan, now if a good time to make one. Give us a call at 253.858.5434 to find out how we can help. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Revocable Living Trusts are cool. They are a faster, cheaper, private, and more flexible way to administer a deceased person's estate.

Revocable Living Trusts are cool. They are a faster and cheaper way to administer a deceased person's estate (as opposed to a Will and going through the probate process. They are private (whereas Wills get filed at the courthouse and thus become public documents). And they can provide more flexibility than just a basic Will. If you have questions about Revocable Living Trusts or other estate planning tools and techniques, give us a call at 253.858.5434 to make an appointment today. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Many people don’t realize that a personal injury lawsuit for an "intentional tort" helps victims recover financially from whatever harm a criminal act caused.

After you or a loved one is the victim of a crime, your stress level is high. A rush of emotions probably flood your mind each day, and you may feel as though you deserve some degree of restitution. Criminal charges are likely to be brought, but what about compensating you for your losses? Medical bills, time off from work, property damage, pain and suffering, etc. Many people don’t realize that a personal injury lawsuit helps victims recover financially from whatever harm a criminal act caused. This personal injury claim is called an “intentional tort,” and the right lawyer can help you get the compensation you deserve.

WHAT IS AN INTENTIONAL TORT? “Intentional tort” is a phrase typically used by legal professionals. Most people without any legal training have never heard the term, though it’s a very a simple definition. An intentional tort is any deliberate act causing harm to a person or property.

When a person commits an intentional tort, their insurance won’t cover the damages that the victim demands. For example, if a person deliberately punches their guest in the face, homeowner’s insurance won’t cover the guest’s medical bills. The guilty party (or “tortfeasor”) will have to pay for the injuries out of pocket if ordered to do so via a lawsuit.

EXAMPLES OF INTENTIONAL TORS. It’s fair to say that most crimes can also be considered an intentional tort. Below are some of the most common intentional torts that result in a personal injury cases:

* Assault

* Battery

* Fraud/deceit

* Trespass

* Conversion/theft

* Slander/libel/defamation

* Invasion of privacy

* Intentional infliction of emotional distress

* Arson

* Property damage

* Sexual abuse/sexual assault

* Wrongful death/manslaughter/homicide

Though the above are easily identified as crimes, some states also have a “catch-all” provision. This means that as long as a deliberate act caused harm to you or your property, you can sue to recover the money you lost due to the incident. If you’re not sure as to whether or not you’re eligible for a claim from an intentional tort, you should consult with a lawyer.

DOES THE PERSON HAVE TO BE FOUND GUILTY OF A CRIME FOR ME TO RECOVER DAMAGES? Many people worry that if the defendant was found not guilty in a criminal trial that a civil lawsuit isn’t possible. That isn’t true, and though a guilty verdict helps your case, you can still recover damages without one. The key distinction with intentional tort cases lies with the burden of proof. In a criminal case, the defendant must be guilty “beyond a reasonable doubt.” This standard is particularly high and is one of the key reasons why many cases have hung juries. Civil cases, however, only require a “preponderance of evidence.” This is a lesser standard, though the right evidence and lawyer are needed to ensure a plaintiff’s ability to receive compensation.

This difference in the burden of proof is precisely how O.J. Simpson received two different verdicts. There wasn’t enough evidence to convict him in criminal court, but the civil trial awarded the victims’ families damages for the same alleged incident.

HOW ARE INTENTIONAL TORTS DIFFERENT THAN NEGLIGENCE CASES? In many ways, an intentional tort lawsuit is the same as a negligence claim. The primary difference is that an intentional tort occurs when a person intended to harm the plaintiff. Negligence claims are due to a person’s careless or reckless acts. Some personal injury claims may start out as an intentional tort case, but the judge or jury will decide if the defendant’s actions were negligent instead of deliberate. Either way, if the ruling is in favor of the plaintiff, damages will be awarded.

Another possible distinction between intentional tort and negligence claims is the defendant is more likely to be penalized via punitive damages in intentional tort cases. (Punitive damages are allowed in Idaho but not in Washington.) Punitive damages are different from other damages because punitive damages aren’t to compensate the plaintiff for any bills or other losses. Instead, punitive damages are designed to inflict a financial penalty on the defendant. Punitive damages are also intended to prevent others from committing the same wrongdoing.

Negligence cases may also result in punitive damages, but these damages are much more likely in intentional tort cases. The U.S. Bureau of Justice Statistics reported that 30% of intentional tort lawsuits received punitive damages versus 1% of automobile collisions, premises liability claims, and medical malpractice cases.

INTENTIONAL TORT LIABILITY. With intentional torts, there are different types of liability. As a result, each case may be presented a little differently and the liable parties may vary. The most common forms of liability include:

* Liability of the tortfeasor. This liability appears in the majority of intentional tort lawsuits. Here, the injured party sues the person who committed the harmful act. As explained above, your lawyer will try to demonstrate that the defendant intended to cause you harm. If intent is lacking, then it’s likely that your case will either be dismissed or the defendant will be deemed negligent.

* Transferred intent. These cases are very similar to general tortfeasor liability claims. The distinction, however, is that the defendant didn’t mean to cause harm to you but was still committing a harmful act. In other words, the act was meant for another victim. For example, if the defendant tried to shoot someone else but the bullet hit you instead, their intent “transfers” to you. Thus, you could sue the defendant for an intentional tort and recover the damages connected to your injury, despite the fact that you weren’t the intended target.

* Vicarious liability. Vicarious liability is most common in employment law cases, as this form of liability allows you to sue the employer of whomever caused you harm. With intentional tort cases, however, the employer may only be sued if the tortfeasor’s action occurred within the scope of employment. If, for example, a nurse sexually assaulted a patient while at a hospital, the hospital could be held liable for the nurse’s actions. If the nurse committed sexual assault at her home with a non-patient, then the hospital can’t be sued.

Another form of vicarious liability pertains to parents. In some states, a parent could be held liable if their child commits an intentional tort. The laws vary by state in terms of the specific crime and the age of the child, and you would need to consult a lawyer to see if you could recover damages from the parents.

* Strict liability. In most situations, strict liability doesn’t pertain to intentional torts. Strict liability typically arises when a person knowingly performs a dangerous act that harms another. Failure to properly handle hazardous waste or keeping a dangerous animal as a pet are frequently cited as examples of strict liability. Strict liability is on this list, however, because some victims may confuse a strict liability case with an intentional tort. For instance, if a manufacturer knowingly sells someone a dangerous product, this may seem to be an example of fraud. Instead, many states will consider the act to be strict liability instead of an intentional tort.

It’s not important that you try to properly label your potential lawsuit, however. If you were injured by someone else’s deliberate actions, consult with a lawyer. The right lawyer will be able to explain your rights and help you pursue the most damages possible. 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.

Many people use a Revocable Living Trust as part of their estate plans. There are several advantages to using a RLT over simply relying on a Will or joint ownership of assets.

Many people use a Revocable Living Trust as part of their estate plans. There are several advantages to using a RLT over simply relying on a Will or joint ownership of assets, such as increased flexibility, avoiding the probate process, saving your heirs time and expense, and keeping your estate matters private and out of the public eye. One important thing to remember, however, is that you are not finished with the process just by signing a Trust Agreement; the Trust will need to be funded.

Funding your Trust is the process of transferring your assets from you to your trust. To do this, you physically change the titles of your assets from your individual name to the name of your Trust. If you are married, you and your spouse might change the titles of your jointly owned assets to your Trust. You may not be able to transfer all of your assets to your Trust, however. For example, retirement plans such as IRAs cannot be owned by your Trust while you are alive. However, you can change the beneficiary designation for your IRA to your Trust as primary or contingent beneficiary to receive retirement benefits after your death.

If you have signed your Trust Agreement but have not changed titles and beneficiary designations, you are unlikely to avoid probate. Your Trustee can only immediately control the assets you have put into the Trust. You may have a great Trust instrument, but until you fund it, it does not control anything. If your goal in having an RLT is to avoid probate at death and court involvement at incapacity, then you must fund it now, while you are able to do so.

You may transfer some assets and your lawyer may handle the transfer of others. A lawyer will likely need to be involved in transferring real estate and completing more complex beneficiary designations, but then provide you with instructions for transferring your other assets, such as bank accounts. Ideally, your lawyer will review each asset with you and determine what steps need to be taken and who will be responsible for each step. If you have a good understanding of the process, you may decide to handle many of your assets yourself. However, saving on legal fees should not stop you from involving your lawyer as needed to ensure that assets are properly transferred and beneficiary designations are properly completed.

If you have questions about Revocable Living Trusts or any other estate planning tools or techniques, give us a call at 253.858.5434 to set up an appointment today.

If you're considering transferring wealth to grandchildren, you may elect to give money outright or pay tuition or medical expenses on their behalf. However, you may also choose to establish a Trust.

For those who are considering transferring wealth to grandchildren, some may elect to give money outright or pay tuition or medical expenses directly on their behalf. However, others may choose the option of establishing a Trust. In certain instances, a Trust may provide you with more alternatives for determining how and when your grandchildren receive funds.

Establishing and funding a Trust for your grandchildren may enable you to:

* Set guidelines on how you’d like the money to be used.

* Distribute funds at key milestones — like graduating from college, getting married, or turning 35 — over the grandchild’s lifetime, rather than all at once.

* Help protect their inheritance from potential depletion due to lack of financial literacy or other financial challenges.

* Help your grandchild meet specific goals, such as buying a home or starting a business.

ESTABLISHING A TRUST. Trusts require careful thinking about what you’d like them to accomplish. Trusts established during your lifetime primarily to transfer funds to family members are typically created as irrevocable Trusts — once you’ve established them, you typically can’t change your mind and reclaim your money.

Since Trusts for grandchildren are legal structures, you’ll work with a lawyer to establish them. However, you may also want to discuss wealth planning and investment options with your financial planner or wealth manager.

Selecting a Trustee also requires thoughtful analysis. The Trustee is the individual or entity that is typically responsible for approving distributions from the Trust. In addition, Trusts also require recordkeeping and reporting, and the Trustee is responsible for those tasks as well. Although you may want to name a family member or friend as Trustee, it can sometimes be beneficial to work with an objective third party.

Discuss with your lawyer whether to appoint an individual Trustee, a corporate Trustee, or both as part of the estate planning process. Factors such as nature and size of assets and family dynamics are all considerations.

CHOOSE THE RIGHT TRUST OPTION. If you decide that a Trust is the right choice for transferring assets to your grandchild, there are many considerations and ways to structure the terms, with advantages and disadvantages depending on the size of your family. The following are only a couple of limited examples. You should consult with your lawyer to discuss the most appropriate terms to accomplish your unique goals.

1. A FAMILY "POT TRUST" FOR ALL YOUR DESCENDANTS. With a "Pot Trust," a single Trust is established for all of the Trust beneficiaries. The terms of the Trust then may give discretion to your Trustee to determine when and how much money to distribute from that single pot of money to each of your grandchildren or other descendants (if they are beneficiaries as well) based on a specific standard or desired objective written into the Trust. The Trust Agreement may specify that all of the beneficiaries be treated equally, or it may allow the Trustee to make unequal distributions among the beneficiaries based on their individual needs. You can also use this kind of Trust to leave a continuing financial legacy for multiple generations of your family.

2. SEPARATE SHARE TRUSTS FOR EACH GRANDCHILD. Many grandparents choose to create separate Trusts for each grandchild and put equal amounts of money into each grandchild’s individual Trust. The Trustee can then decide when and how much money to distribute to each grandchild from their individual Trust based on the standards written into the Trust instrument.

GIVE INSTRUCTIONS. One of the advantages of establishing Trusts for grandchildren is that you can work with your lawyer to draft specific language in the Trust. These provisions are helpful to the Trustee in the administration of the Trust for the benefit of the grandchildren.

For instance, you can set up your trust to distribute funds when the beneficiaries attain certain ages — such as 35, 45, 55 — rather than all at once. You can also leave recommendations for your Trustee, asking your Trustee to consider approving distributions for paying college tuition, buying a home, or addressing other goals such as starting a business. Alternately, you could ask the Trustee to match your grandchild’s funds to buy a new car, rather than pay for the entire car, for example.

To help the Trustee understand your intentions, a commonly used standard for discretionary distributions is "health, education, support, and maintenance." The Trust document may include a broader standard or no standard at all. Sometimes the Trustee is directed to make distributions by another party such as a distribution committee or Trust Advisor. Your lawyer can help you understand the benefits of these different distribution standards.

DISCUSS WITH FAMILY. Just as important as coming up with all the stipulations for a Trust is a frank family conversation about the concept. You may also want to discuss with the parents how much information to provide your grandchildren about the Trusts you’re creating for them. Talking openly to children about inheriting wealth rather than keeping it confidential until they’re older can give your family time to educate your grandchildren about responsible money management.

However, each family needs to decide for themselves the best time to speak to grandchildren about Trust funds and the best way to communicate the information so that awareness of the Trust does not remove the incentive for a grandchild to become financially independent or financially responsible.

For more information about establishing Trusts for your grandchildren, give us a call at 253.858.5434 to set up an appointment today.

When you are starting up a new business, it's a good idea to have an experienced lawyer on your team.

When you are starting up a new business, it's a good idea to have an experienced lawyer on your team. We can help draft Articles of Incorporation, bylaws, Certificates of Formation, operating agreements, and shareholders' agreements, and advise you regarding customer contracts, leases, employee policies, and more. We have been representing small and medium-sized businesses and nonprofits for more than 26 years. If we can be of service to you, your family, friends, neighbors, or coworkers, give us a call at 253.858.5434 to set up an appointment today. We proudly represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

In thinking through your estate plan, a document you should consider is a Durable Power of Attorney, which gives someone else the power to sign documents and make decisions on your behalf.

In thinking through your estate plan, a document you should consider is a Durable Power of Attorney (DPOA). This is a document that gives someone else the power to legally sign documents and make decisions on your behalf. Without adequate safeguards, this can be a dangerous document because that person could possibly use it against your better interest.

The primary purpose of a DPOA in estate planning is to name someone else (usually your spouse or friend or family member you trust) as your attorney-in-fact (your agent), to become effective if and only if you ever become mentally incapacitated in the future. If you never lost capacity, this document could never be used. If you do become incapacitated, your DPOA could take care of your personal and financial affairs without the necessity of petitioning the Court to set up a guardianship. You can have a DPOA for financial matters and separate power of attorney for health care decisions. In Washington, you can also have a power of attorney to appoint someone to make health care decisions for your minor children in the event you and the other parent become incapacitated or are otherwise unavailable.

Another consideration is to have a DPOA for an adult child (over age 18) who is not married. If they do not have a power of attorney, and become incapacitated (as a result of an illness or injury), then it may be necessary to go thought the expense of a guardianship to legally care for them. They are no longer minors that you have the legal authority over. This becomes relevant as they graduate from high school or enter life on their own.

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

A Will is a document that provides instructions on how to distribute your assets after death. While writing a Will helps outline your plan, it will not be binding unless it is signed correctly.

A Will is an important estate planning document that provides instructions on how to distribute your assets after death. While writing and compiling this document helps outline your estate plans, it will not be legally binding unless it is signed -- and signed correctly.

Below are three simple steps to keep in mind during the final signing of your Will.

1. The Will Must Be in Writing. The individual writing the Will, known as the testator, can only create a valid Will if they are over 18 and are of “sound mind.” The Will must in writing – either typed or entirely handwritten. Handwritten Wills, known as "holographic Wills," are not recommended, however. This is largely because holographic Wills are difficult to amend and can pose many problems when reaching probate court. Often these issues concern the authenticity of the Will – an accusation that can spark a Will contest or a lengthy probate process.

2. The Testator Must Sign. Next, in the presence of two competent and disinterested witnesses, the testator must sign the Will. The testator must also note the date of these signings and include it with their final signature.

3. The Signatures of Two Witnesses. Because a Will is a legal document, it must go through a validation process. At the very least this process involves two witnesses, but it can also include notarization from a notary public. In the case of witness signing, Washington has three requirements: these witnesses must be at least 18 years of age, of sound mind, and must affirmatively witness the signing of the Will.

These witness signatures validate the will – proving the document was indeed signed by the testator. Therefore, the witness signatures appear as the final signatures on the document. Like the testator, witnesses must also include their date of signing on the document to preserve the information for posterity.

Other Considerations. When making a Will, it is a good idea to keep the document up-to-date. It is highly recommended that you use the services of a lawyer to help with this process. By working with a lawyer, you reduce the likelihood of any improper organization, missing assets, or missed steps, in your Will. Having your estate documents compiled correctly will then reduce the likelihood for a messy probate process at a later point in time.

Having an experienced lawyer draft your Will saves time and effort for you and your loved ones. With nearly three decades of experience, we can organize your assets to ensure your affairs are in order, giving you peace of mind.

Call 253.858.5434 or email us at steve@aitalaw.com to schedule an appointment and get the estate planning help that is right for you.