A Durable Power of Attorney (DPOA) is an important legal document, and the choice between immediate effectiveness and effectiveness upon incapacity carries its own set of pros and cons.

A Durable Power of Attorney (DPOA) is an important legal document, and the choice between immediate effectiveness and effectiveness upon incapacity carries its own set of pros and cons. Opting for immediately effectiveness provides flexibility, allowing the appointed individual to act on your behalf swiftly. This is advantageous in situations where quick decisions are necessary. However, it also comes with the risk of potential misuse or decisions not aligned with your wishes. On the other hand, a DPOA effective upon incapacity ensures a trusted person takes control only when you cannot make decisions yourself, providing a layer of protection. Nevertheless, the drawback lies in potential delays during critical moments. Ultimately, the decision hinges on personal preferences and the level of trust in the designated agent.

If you have questions about Durable Powers of Attorney or other estate planning documents, 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.

Allocating assets in an A-B Trust is a crucial aspect of estate planning for clients with taxable estates, designed to optimize tax benefits and ensure a seamless transfer of wealth to beneficiaries.

Allocating assets in an A-B Trust is a crucial aspect of estate planning for clients with taxable estates, designed to optimize tax benefits and ensure a seamless transfer of wealth to beneficiaries. In this strategy, a married couple establishes a Trust that splits into two upon the death of the first spouse to die - the "Survivor's Trust" (Trust A) and the "Decedent's Trust" (Trust B). Careful consideration must be given to the allocation of assets between these Trusts, as it directly impacts tax implications. Typically, the surviving spouse's Trust (Trust A) may include marital assets and be eligible for the unlimited marital deduction, while the decedent's Trust (Trust B) could house assets up to the available estate tax exemption amount. Striking the right balance requires a thorough understanding of the couple's financial situation, current tax laws, and the long-term goals for wealth preservation, emphasizing the importance of seeking professional advice for optimal asset allocation within an A-B Trust.

If you have questions about estate planning to save federal and state estate taxes, give us a call at 253.858.5434 to set up an appointment.

Navigating personal injury cases can be a legal labyrinth, especially when counterclaims and cross-claims enter the arena.

Navigating personal injury cases can be a legal labyrinth, especially when counterclaims and cross-claims enter the arena. Counterclaims occur when the defendant responds to the plaintiff's allegations with their own set of charges, often seeking damages or asserting a different version of events. On the other hand, cross-claims involve co-defendants turning against each other, introducing an additional layer of complexity to the litigation. These legal maneuvers add intricacy to an already challenging process, requiring astute legal representation to the unravel the intricacies and ensure fair resolution. Whether it's a driver accused of negligence in an auto collision or a slip-and-fall scenario, understanding the nuances of counterclaims and cross-claims becomes paramount in the pursuit of justice and compensation in personal injury claims.

If you or someone you know has been injured due to someone else's negligence and you suspect counterclaims or cross-claims may come into play, give us a call at 253.858.5434 to set up an appointment for a free initial consultation today.

Need a show to binge watch? Here are 5 TV shows that talk about estate planning and are absolutely binge-worthy!

We’re in the thick of the winter months, and sometimes nothing feels better than cozying up on the couch with a beverage and a TV show to binge watch. If you’re going to get horizontal and enjoy some passive entertainment anyway, why not choose something that can be of value? Here are 5 TV shows that talk about estate planning and are absolutely binge-worthy.

SUCCESSION. HBO’s "Succession" is an estate planning must watch. It’s right there in the title, people! The series tells a dramatic story about the dysfunctional Roy family, owners of the media conglomerate Waystar RoyCo. Logan Roy is the patriarch of the family and the Waystar company, while his adult children Kendall, Siobhan, and Roman battle to become their father’s successor. To make matters worse, Logan is getting some twisted enjoyment out of pitting his children against one another. Logan is aging and deals with health issues throughout the show, leaving viewers to beg the question of why he hasn’t made a decision and drawn a line in the sand.

Why hasn’t Logan publicly named a successor? Is there something in his Trust, Will, or business succession plan that he’s scheming but hasn’t divulged? Has he orchestrated these political struggles to see which child will eventually come out on top as the worthy successor of the multi-billion dollar empire?

DOWNTON ABBEY. If you think an English period piece would be boring, think again. "Downton Abbey" received acclaim from critics around the world and won many awards, including three Golden Globes and a Primetime Emmy Award. (The series received 27 nominations, the most of any international series in TV history.)

"Downton Abbey" tells a story of the fictional Crawley family and the hereditary Earls of Grantham. Earl Robert and Countess Cora of Grantham have three daughters and no sons. However, English law in the early 20th century required that the title and estate of Downton Abbey be passed to a male heir. The first season follows the Granthams as they search for their next living male heir, who happens to be a distant cousin named Matthew Crawley. The story unravels as the family and their servants adjust to this new heir who refuses to embrace the aristocratic lifestyle.

INSECURE (Season 2). "Insecure" is a comedy series created by and starring Issa Rae. Issa and Molly are two best friends living in LA and the series follows their unique story arcs as they deal with their own flaws, insecurities, and challenges. This is all the while trying to embrace adulthood in their 30s, navigating awkward situations, and keeping true to one’s own identity. This show is not only hilarious but it also touches on an important variety of social and racial issues.

One of the subplots of Season 2 relates to Molly and her aging parents. As a lawyer, she finds it pressing that her parents establish an estate plan. She feels even more pressed when her mother suffers a stroke and she finds out that it wasn’t her first. Over the course of the season, Molly has open and honest conversations with her parents about estate planning. She struggles when her parents seem hesitant and uncomfortable when the topic is brought up, and initially, they try to procrastinate and sweep it under the carpet. She eventually enlists the help of close friend Kelli to serve as a neutral third party who can help rally around her parents to help them get their estate plan in order.

"Insecure" portrays one of the most realistic and relatable depictions of what it’s like to be is worried about our aging parents, realizing that our parents won’t live forever. At times, we need to “parent up,” when our parents are not ready to face this reality themselves. The series does an excellent job of depicting this narrative. Ultimately, Molly succeeds by encouraging open and honest conversations and enlisting the help of an expert.

MODERN FAMILY. Who doesn't love "Modern Family"? This show is hilarious, and yet it manages to tackle some sensitive topics included blended families, adoption, and same-sex couple family planning. The series takes a funny but sincere take on modern approaches to managing family relationships, and with that comes the important topic of estate planning.

Want to skip to the good part? “Ringmaster Keifth” in Season 8 centers around Jay, Gloria, and their son, Joe. Jay and Gloria agree that they need to create an estate plan to appoint a guardian for Joe, should anything unexpected happen to them. Hilariously, Gloria laments that putting such a plan in place will make her die faster. All jokes aside, picking a guardian proves to be a difficult task for the couple. The episode follows the couple as they weigh the pros and cons of each of their adult children in raising their youngest son. Luckily, they are able to arrive at a decision based on the advice of a family member.

Although hilarious, this episode tackles the worst fear of many parents: who will take care of their children should they pass away unexpectedly? Selecting a guardian is a difficult but non-negotiable step in your estate plan if you are a parent.

A SERIES OF UNFORTUNATE EVENTS. Last but not least, watch "A Series of Unfortunate Events" if you have a preference for fantasy. This Netflix adaptation of the children’s classic stars Neil Patrick Harris, but not in the way you’d imagine. He portrays the diabolical Count Olaf, who is named the guardian of the Baudelaire orphans: Violet, Klaus, and Sunny. The orphans are investigating their parents’ mysterious deaths, yet they are continuously interrupted by Count Olaf’s vicious attempts to get his hands on their inheritance. Luckily, the children foil Olaf’s plans at every turn, outsmarting him each step of the way. Although the story takes place in a fantasy world, and with imaginary laws, the takeaway is very real: an ineffective estate plan could create a world of trouble.

There’s no need to feel guilty if you find yourself binge watching any of these shows. Constructive rest is great, and it’s even better if you get any valuable takeaways from it. Our hope is that consuming this entertainment might inspire you to create or update an estate plan of your own. There is much to learn from these larger-than-life stories, with the main idea being that having a set, customized, effective estate plan can save your loved ones from a world of trouble. 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 are available to meet in person, by phone, or via video conference.

In Washington, the enforceability or non-enforceability of no-contest provisions in Wills adds a layer of complexity to the realm of estate planning.

In Washington, the enforceability of no-contest provisions in Wills adds a layer of complexity to the realm of estate planning. No-contest clauses, designed to discourage beneficiaries from challenging the terms of a Will, vary in their effectiveness due to evolving legal interpretations. While provisions aim to maintain the testator's wishes and prevent lengthy legal battles, Washington law scrutinizes their enforceability. Courts carefully assess the circumstances surrounding a contest, weighing factors such as probable cause and good faith challenges. As such, individuals in Washington should be attuned to the nuances of no-contest clauses, seeking legal counsel to ensure the clarity and enforceability of their testamentary intentions.

If you have questions about Wills or Will contests, give us a call at 253.858.5434 to set up an appointment today.

We are not taking any new clients until after February 1. We are currently at capacity and want to make sure that every client's legal matter gets the timely attention it deserves

Just a heads up that the Law Offices of P. Stephen Aita are not taking any new clients until after February 1. We are currently at capacity and want to make sure that every client's legal matter gets the timely attention it deserves. If you have an urgent matter that cannot wait until next month, we'll be happy to refer you to one of our knowledgeable and experienced colleagues. Thank you.

Starting a new business in Washington involves navigating a landscape of licenses to ensure compliance with regulations.

Starting a new business in Washington involves navigating a landscape of licenses to ensure compliance with regulations. First and foremost, entrepreneurs typically require a Washington State Master Business License, a fundamental prerequisite for operating any business. Depending on the nature of the venture, additional licenses may be necessary, such as a professional license for regulated professions or specialized permits for certain industries. Entrepreneurs engaging in sales should obtain a Washington State Reseller Permit, allowing them to collect and remit sales tax. It's crucial to research and identify industry-specific licenses, zoning requirements, and health permits, as the regulatory framework can vary. This include variances between counties and cities, depending on where your business is located. Comprehensively addressing these licenses is pivotal, ensuring a solid legal foundation for the business to thrive in the Evergreen State.

If you're an entrepreneur staring up a new business, give us a call at 253.858.5434 to see how we can be of service.

Leaving a Will is a crucial step in ensuring a smoother probate process for your loved ones once you're gone.

Leaving a Will is a crucial step in ensuring a smoother probate process for your loved ones once you're gone. It's a thoughtful and considerate gesture that provides clarity on your wishes regarding the distribution of assets and responsibilities. Without a Will, the probate process can become a daunting and lengthy ordeal for your family, potentially leading to disputes and added stress during an already challenging time. A well-drafted Will allows you to express your intentions clearly, minimizing ambiguity and providing a legal roadmap that simplifies the settling of your estate. By taking the time to plan and document your wishes, you offer your loved ones a valuable gift -- the gift of a more straightforward and less burdensome probate process, allowing them to focus on supporting each other rather than navigating legal complexities.

If you would like to talk about preparing a Will, 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.

Make 2024 the year you prepare an estate plan, or review and update your existing estate plan!

It's that time of year when people start thinking about making resolutions, plans, and getting things in order for the new year. Make 2024 the year you prepare an estate plan, or review and update your existing estate plan. Protect yourself, your property, and your family by making a Will, Trust, Power of Attorney, Health Care Directive, or whatever other documents are appropriate for your situation.

We can help you out with that resolution. Give us a call at 253.858.5434 to set up an appointment. We proudly represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Yesterday, I got asked a question I've never been asked before: How do you handle estate planning for someone with an OnlyFans page? Let's talk about digital assets and intellectual property rights.

Yesterday, I got asked a question I've never been asked before: How do you handle estate planning for someone with an OnlyFans page? (In the off chance you don't know, OnlyFans is a content subscription service where content creators earn money - sometimes quite a bit of money - from fans who subscribe to their website, often involving content of an explicit nature.) And the answer is, we'd treat that estate plan just like any other one that includes digital assets and intellectual property rights.

Estate planning is a crucial yet often overlooked consideration for OnlyFans content creators navigating the digital landscape. Beyond the allure of immediate gains, those creators should consider the long-term implications of their digital assets. Establishing a comprehensive estate plan ensures that their copyrights, publishing rights, subscriber lists, and content rights are protected and seamlessly transferred to beneficiaries in the unfortunate event of incapacity or death. From appointing a "digital executor" or "content advisor" to specifying the handling of private content, proactive planning can safeguard the financial interests and intellectual property rights of OnlyFans content creators.

If you have estate planning questions, 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.

In personal injury cases, we prefer using the term "auto collision" over "car accident" for a strategic reason.

In personal injury cases, we prefer using the term "auto collision" over "car accident" for a strategic reason. The choice of language is not merely semantics but a deliberate effort to convey a sense of gravity and responsibility. By framing incidents as "auto collisions," we aim to emphasize the serious nature of the event, subtly shifting the focus from a mere accident to a potentially avoidable collision. This linguistic choice can influence perceptions, highlighting the idea that someone may be at fault or that negligence played a role. Consequently, using the term "auto collision" allows us to shape the narrative in a way that may benefit our clients in legal proceedings, where precise language can carry significant weight.

If you or a friend, family member, neighbor, or coworker have been injured in an auto collision and need legal representation, give us a call at 253.858.5434 to set up an appointment for a free initial consultation today.

When it comes to estate planning, our law firm's adoption of flat fees has proven to be a strategic and client-friendly approach.

When it comes to estate planning, our law firm's adoption of flat fees has proven to be a strategic and client-friendly approach. Unlike traditional hourly billing, flat fees offer clients transparency and predictability in costs, fostering a sense of trust and financial clarity. This billing model incentivizes efficiency on the part of the law firm, encouraging streamlined processes and minimizing the potential for billing disputes. Clients, in turn, appreciate knowing the total cost upfront, eliminating the fear of unexpected charges. Moreover, flat fees often motivate lawyers to work diligently, focusing on delivering quality service rather than prolonging tasks to maximize billable hours. Overall, the shift towards flat fees in estate planning not only benefits clients by enhancing affordability and transparency but also promotes a more collaborative and client-centric legal practice.

If you would like a copy of our current estate planning fee schedule or have other estate planning questions, give us a call at 253.858.5434. We proudly represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.

Using a power of appointment in your estate plan can provide flexibility and control, allowing for adaption to changing family dynamics, tax laws, and unforeseen circumstances.

In the realm of estate planning, harnessing the strategic use of powers of appointment can wield significant benefits for individuals looking to shape the destiny of their assets. A power of appointment is a legal authority granted to someone, often a beneficiary, to determine the ultimate recipients of certain assets within an estate. This nuanced instrument provides flexibility and control, allowing for adaptation to changing family dynamics, tax laws, and unforeseen circumstances. Whether choosing a general, limited, or special power of appointment, individuals can tailor their estate plans to align with their unique priorities and values. By leveraging powers of appointment, one not only navigates the complexities of wealth distribution but also fosters a dynamic and resilient legacy that stands the test of time.

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

If you've been in an auto collision and have a personal injury claim pending, stay off of social media!

In the aftermath of an auto collision, maintaining a low profile on social media is not just a matter of personal well-being but a strategic move that can significantly impact your personal injury claim. Insurance companies and legal adversaries often scour social media platforms for evidence that could be used against your case. Posting updates, photos, or comments about your activities or emotional state may be misinterpreted and used to undermine the severity of your injuries. By abstaining from social media, you protect the integrity of your personal injury claim, ensuring that your online presence doesn't inadvertently jeopardize the compensation you rightfully deserve. Silence on social media can speak volumes in preserving the strength of your case and maximizing the chances of a fair resolution.

If you've been injured in an auto collision and need legal representation, give us a call at 253.858.5434 to set up an appointment for a free initial consultation today.