What Is Probate, and How Can Our Law Firm Help?

Losing someone you love is difficult enough without having to navigate court paperwork, financial accounts, and questions about who inherits what. If you have been asked to handle a loved one’s estate, you may feel overwhelmed—or simply unsure where to begin.

Probate is the legal process used to administer a deceased person’s estate. It provides a framework for identifying estate assets, addressing debts and taxes, and transferring the remaining property to the people entitled to receive it. Our law firm can help you understand the next steps and navigate the process with greater confidence.

What Does the Probate Process Involve?

Although every estate is different, a Washington probate generally involves these key tasks:

1. Reviewing the Will and Opening the Estate

The first step is determining whether probate is needed, locating any will, and identifying who should serve as the estate’s personal representative. If probate is appropriate, paperwork is submitted to the court to request appointment of the personal representative and admission of any valid will.

The personal representative—sometimes called an executor—is responsible for administering the estate. Being named in a will is not the same as having court-issued authority to act.

2. Identifying and Valuing Estate Assets

The personal representative identifies and safeguards the property that belongs to the probate estate. This may include real estate, bank accounts, investments, and personal belongings.

Washington law generally requires a personal representative to prepare a verified inventory and appraisement within three months after appointment, unless the court allows additional time. Understanding what the estate owns and what those assets are worth is an important foundation for the rest of the administration. See RCW 11.44.015.

3. Addressing Debts, Expenses, and Taxes

Before distributing inheritances, the personal representative must address applicable creditor procedures, valid estate obligations, administration expenses, and tax requirements. Not every bill should automatically be paid, and distributing assets too early can create problems.

Legal guidance can help the personal representative understand which obligations need attention, what deadlines apply, and when distributions may be appropriate.

4. Distributing Property and Closing the Estate

After the necessary administration tasks are completed, remaining estate property is distributed under the will or, if there is no valid will, Washington’s inheritance laws. The personal representative also completes the applicable steps to close the estate.

The closing procedure depends on the estate and the authority granted to the personal representative. Washington law includes procedures allowing qualifying estates to close through a declaration of completion, subject to applicable notice and other requirements. See RCW 11.68.114.

Does Every Estate Need Probate?

Not necessarily. Whether probate is needed depends on the assets, how they are titled, beneficiary designations, and other circumstances. Some assets may transfer outside probate, and some estates may qualify for an alternative procedure.

Having a will does not automatically eliminate the need for probate. A will generally directs how probate property should be distributed; it does not, by itself, transfer every asset.

How Long Does Probate Take?

There is no single timeline for every estate. The time needed can depend on creditor procedures, tax issues, property sales, missing information, and disagreements among interested parties.

Our firm can help you understand the steps that apply to your situation and what may affect the estate’s progress—without promising a result or completion date that cannot be guaranteed.

How Our Law Firm Can Help

You do not have to figure out the probate process alone. Our firm can help you:

• Determine whether probate is necessary and evaluate available alternatives.

• Prepare court filings and seek appointment of the personal representative.

• Understand your responsibilities when handling someone else’s estate.

• Organize asset information and address inventory requirements.

• Navigate notices, creditor issues, and deadlines.

• Coordinate with tax and financial professionals when appropriate.

• Address questions or disagreements that arise during administration.

• Prepare for distributions and estate closing.

Our role is to make the legal requirements clearer, help you avoid preventable mistakes, and provide guidance during a difficult transition.

Take the Next Step With Support

Whether you have recently lost a loved one or have been named as a personal representative, getting guidance early can help you understand your responsibilities before making important decisions.

Contact our law firm to discuss your loved one’s estate and learn how we can help you navigate the Washington probate process.

This article provides general information about Washington probate law and is not legal advice. The appropriate process depends on the estate’s circumstances.

What Is an A/B Trust - and Why Is It Important?

What Is an A/B Trust—and Why Is It Important?

You want your spouse to be financially secure—and you want the legacy you built together to reach the people you choose. An A/B trust can help accomplish both goals. For some married couples, it can also be an important estate-tax planning tool.

But an A/B trust is not the right fit for every family. Understanding how it works—and the tradeoffs—is the first step.

What Is an A/B Trust?

An A/B trust is an estate-planning arrangement for married couples that divides trust assets into two separate trusts when the first spouse dies. The division follows the trust’s instructions; it is not necessarily an equal split.

Although terminology varies, the two trusts commonly work like this:

• Trust A—the survivor’s trust: Generally holds the surviving spouse’s share of the assets. The surviving spouse typically retains the ability to change or revoke this trust.

• Trust B—the bypass or credit shelter trust: Generally receives assets allocated from the deceased spouse’s share. It usually becomes irrevocable at the first spouse’s death, meaning the surviving spouse generally cannot freely rewrite its terms.

The surviving spouse may still receive income or principal from Trust B under the trust’s distribution rules. “Irrevocable” does not necessarily mean the assets are unavailable to support the survivor. A properly structured bypass trust generally keeps its assets outside the surviving spouse’s taxable estate. Source: Estate-planning commentary on bypass trusts.

Why Can an A/B Trust Be Important?

1. It Can Help Preserve Estate-Tax Benefits

Leaving everything outright to a surviving spouse can be simple, but it may miss opportunities to use the first spouse’s estate-tax exclusion.

This is particularly important in Washington, which has its own estate tax and does not allow portability of a deceased spouse’s unused Washington estate-tax exclusion. In other words, the survivor cannot simply add the first spouse’s unused state exclusion to their own. A properly designed and funded bypass trust can help address that issue. Washington Department of Revenue, Estate Tax FAQ.

Federal rules are different: qualifying estates can elect to transfer a deceased spouse’s unused federal exclusion to the surviving spouse. That election generally requires filing a federal estate-tax return. Federal portability does not replace Washington-specific planning. IRS, Instructions for Form 706.

2. It Can Support a Spouse While Preserving an Inheritance

An A/B trust can provide support for the surviving spouse while directing that the remaining bypass-trust assets eventually pass to designated beneficiaries.

For blended families, that can be especially valuable. A spouse may want to provide for their husband or wife while also preserving an inheritance for children from an earlier relationship.

The protection depends on the document’s actual terms—including distribution standards and any authority to change the ultimate beneficiaries.

3. It Can Keep Future Growth Outside the Survivor’s Taxable Estate

When properly structured, assets held in the bypass trust—and their subsequent appreciation—generally remain outside the surviving spouse’s taxable estate. That can matter when investments, real estate, or business interests increase substantially in value. Source: Estate-planning commentary on bypass trusts.

What Are the Tradeoffs?

An A/B trust is not automatically a tax-saving solution for every couple.

Potential disadvantages include:

• Less flexibility: The surviving spouse generally cannot freely change the bypass trust.

• Additional administration: Separate accounting, tax filings, and professional assistance may be necessary.

• Income-tax consequences: Bypass-trust assets generally do not receive another basis adjustment merely because the surviving spouse dies. That can affect capital-gains taxes when beneficiaries later sell appreciated assets. Source: Estate-planning commentary on bypass trusts.

Is an A/B Trust Right for Your Family?

The answer depends on your assets, family relationships, tax exposure, and how much flexibility you want the surviving spouse to retain.

The goal is not simply to create two trusts. It is to create a plan that supports your spouse, protects your intended beneficiaries, and accounts for both estate taxes and income taxes.

If you already have an A/B trust, have it reviewed periodically. A plan that made sense when you signed it may need updating as your family, assets, and tax laws change.

Ready to understand your options? Schedule an estate-planning consultation to discuss whether an A/B trust fits your family’s goals.

This article provides general information about Washington estate planning and is not individualized legal or tax advice.

Good Neighbors, Clear Agreements: Why Shared Property Use Needs a Formal Easement

Good Neighbors, Clear Agreements: Why Shared Property Use Needs a Formal Easement

Sharing a driveway, private road, or access path with a neighbor can be convenient—and may work smoothly for years. But what happens when the driveway needs expensive repairs, someone installs a gate, or one of the properties is sold?

A friendly understanding is a good beginning. A properly drafted and recorded easement, paired with clear maintenance terms, helps protect both your property rights and your relationship with your neighbors.

A Handshake Leaves Important Questions Unanswered

“Of course you can use our driveway” may sound straightforward. But it does not necessarily answer:

• Who may use the driveway—owners, tenants, guests, or delivery vehicles?

• Is the shared area for access only, or is parking allowed?

• Who pays for potholes, drainage problems, snow removal, or resurfacing?

• Can either neighbor install a gate, widen the road, or change its location?

• What happens when a new owner moves in?

Without clear written terms, neighbors may have very different expectations—and discover those differences only after a problem develops.

An Easement Defines the Right to Use the Property

An easement generally gives someone a defined right to use another person’s property for a specific purpose, such as access. It does not ordinarily transfer ownership of that land.

For Washington property owners creating an express easement, the legal formalities matter. Washington law generally requires conveyances of interests in real estate to be made by deed. An informal note or verbal promise should not be assumed to create the same protection as a properly executed easement. RCW 64.04.010.

A carefully prepared easement can identify the affected properties, describe the location of the shared area, and explain exactly what uses are permitted.

Access Rights and Maintenance Responsibilities Should Work Together

Knowing you can use a shared driveway does not necessarily resolve who must maintain it.

A well-drafted arrangement should address both the right to use the property and the responsibility to care for it. Depending on the property and the neighbors’ needs, useful terms may include:

• Routine upkeep: Who handles grading, vegetation, drainage, and snow removal?

• Cost sharing: How are ordinary maintenance and major repair expenses divided?

• Approval procedures: When must neighbors approve work before it begins?

• Emergency repairs: Who can authorize urgent work, and how is reimbursement handled?

• Damage: Who is responsible when a particular owner, guest, or contractor causes damage?

• Improvements: How will paving, widening, or other upgrades be approved and funded?

• Disagreements: What process will the neighbors use if they cannot agree?

There is no single cost-sharing formula that fits every property. The important point is to establish clear terms before a repair bill arrives.

Recording Matters—Especially When Ownership Changes

An agreement should account for more than the current neighbors. People move, properties are inherited, and relationships change.

Proper drafting can help establish rights and obligations intended to continue with the properties. Recording also matters: Washington’s recording statute can leave an unrecorded conveyance vulnerable to a later good-faith purchaser or mortgagee who gives value and records first. RCW 65.08.070.

Recording is not a substitute for sound drafting. The easement and maintenance provisions still need to be structured properly, including how they will apply to future owners.

Clear Agreements Can Protect Good Relationships

Putting an agreement in writing is not a sign of distrust. It is a way to prevent misunderstandings.

When everyone knows where access is allowed, what activities are permitted, and how expenses will be handled, neighbors have fewer reasons to argue. Clear documentation can also help reduce uncertainty when a property is sold or refinanced.

Put the Agreement in Place Before There Is a Problem

The best time to discuss shared-use and maintenance terms is while everyone is getting along—not after access is blocked or a major repair becomes necessary.

If you share a driveway, private road, or other access area with a neighbor, have your existing title documents and arrangements reviewed by a Washington real estate attorney. A properly prepared easement and maintenance agreement can help preserve access, clarify responsibilities, and prevent avoidable disputes.

This post provides general information about Washington law and is not legal advice for a specific property.

General information only; not legal advice.

What is a Power of Attorney, and Why Do You Need One?

What Is a Power of Attorney—and Why Do I Need One?

If you couldn’t speak for yourself tomorrow, who would handle the decisions that can’t wait?

An unexpected illness or accident can interrupt your life without warning. Bills still need attention, financial matters still need managing, and medical decisions may arise. A power of attorney helps you plan for those moments—by choosing someone you trust before a crisis happens.

What Is a Power of Attorney?

A power of attorney, often called a POA, is a legal document that authorizes another person—your agent—to act on your behalf. You decide what authority to grant and, within the law, when that authority begins.

Two important areas to consider are:

• Financial matters: A properly drafted POA can authorize your agent to handle banking, access accounts, and manage financial transactions within the authority you grant. RCW 11.125.300

• Health care: A POA granting health care authority can allow your agent to access health information and consent to care on your behalf, subject to legal limits and the document’s terms. RCW 11.125.400

These powers deserve thoughtful planning. The right document should reflect your needs—not simply provide the broadest authority possible.

What Does “Durable” Mean?

A durable power of attorney is designed to remain effective if you become incapacitated.

That distinction matters in Washington. A power of attorney generally terminates upon incapacity unless it includes language showing that the authority is intended to continue—or become effective—despite incapacity. Simply signing a document labeled “power of attorney” is not enough to ensure that protection. RCW 11.125.040

You can also address when your POA takes effect. In Washington, it generally becomes effective when signed unless the document provides for a later date or triggering event. Durability and effective date are separate decisions. RCW 11.125.090

Why Should I Have One?

Because planning ahead gives you a voice in who helps you—and how.

A thoughtfully prepared power of attorney can help you:

• Choose your decision-maker. Identify someone you trust rather than leave your preferences uncertain.

• Keep everyday matters moving. Give your chosen agent appropriate authority to address financial responsibilities when you need help.

• Prepare for difficult medical conversations. Name a health care agent and discuss your values before an emergency.

• Reduce uncertainty for loved ones. Make your choices and the scope of your agent’s authority clearer.

This is not just a retirement-planning issue. Younger adults, parents, business owners, and people living alone can all benefit from considering who would step in if they needed assistance.

How Do I Choose the Right Person?

Look for someone who is trustworthy, reliable, available, and willing to follow your wishes. Financial skills may matter for a financial agent; the ability to communicate calmly with medical providers may matter for a health care agent.

Before naming someone, talk with them about the responsibility. Consider naming a backup, too, in case your first choice cannot serve.

Does a Power of Attorney Last After Death?

No. A power of attorney terminates when you die. It is a tool for assistance during your lifetime, not a substitute for planning how your estate will be handled after death. RCW 11.125.100

Put Your Wishes in Writing Before You Need Help

A power of attorney is more than paperwork. It is an opportunity to make intentional choices about your finances, your care, and the people you trust.

Contact our office to schedule an estate-planning consultation. We can help you prepare—or review—powers of attorney that reflect your wishes and fit your overall plan.

This article provides general information about Washington law and is not legal advice. Your circumstances and the terms of your documents determine what planning is appropriate for you.

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Why Should Every Parent Have Power of Attorney Documents for Their Minor Children?

Why Should Every Parent Have Power of Attorney Documents for Their Minor Children?

If you’re a parent, here’s a question worth asking: If something unexpected happened today, who could legally care for your child?

A Power of Attorney for Minor Children allows you to temporarily give a trusted adult the legal authority to care for your child if you are unavailable.

Life is unpredictable. Having these documents in place ensures your child is protected in situations like:

Medical emergencies when you can’t be reached

Unexpected travel or hospitalization

• Military deployment

• Natural disasters or other emergencies

• School or childcare decisions when a parent is unavailable

Without proper documentation, even close family members may not have legal authority to make medical, school, or emergency decisions for your child.

These documents can help ensure your child’s caregiver can:

• Authorize medical treatment

• Communicate with schools and daycare providers

• Handle day-to-day care decisions

• Provide stability during emergencies

The best part? These documents are simple, affordable, and can be prepared in advance so your family is protected before a crisis happens.

Your child’s safety and stability shouldn’t depend on last-minute decisions.

Message us to learn how to set up a Power of Attorney or Emergency Guardianship plan for your minor children today.

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425.920.0539

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#Parents #Children #EstatePlanning #FamilyProtection #PowerOfAttorney #EmergencyGuardianship

Why Create a Special Needs Trust for a Loved One With a Disability?

When you care about someone with a disability, planning for the future means more than leaving money behind. It means thinking about their independence, their access to care, and the experiences that make life meaningful.

A special needs trust, sometimes called a supplemental needs trust, can help turn those goals into a lasting plan. When properly drafted, funded, and administered, it can provide financial support while helping preserve eligibility for needs-based public benefits.

Protect Benefits While Providing Additional Support

An outright gift or inheritance may seem like the simplest way to help. But for someone receiving benefits tied to financial eligibility, receiving assets directly can create problems.

Supplemental Security Income (SSI) and certain Medicaid programs apply financial eligibility rules. Federal law provides exceptions for certain qualifying trusts, allowing families to plan for additional support without necessarily making the trust assets count as the beneficiary’s available resources. These protections depend on meeting the applicable requirements—not simply naming a document a “special needs trust.” See 42 U.S.C. § 1382b(e) and 42 U.S.C. § 1396p(d)(4).

For Washington families, state rules specifically recognize that a third-party trust is not an available resource when the beneficiary lacks the power to access or control its assets or distributions as described in the governing rules. See WAC 182-516-0140(5)–(6).

The goal is to supplement available benefits, not accidentally jeopardize them.

Support a Fuller, More Independent Life

Public benefits may provide essential assistance, but a person’s needs and goals extend beyond basic support.

Depending on the trust’s terms and the rules governing the beneficiary’s benefits, trust funds may help pay for items and services such as:

• Education, tutoring, and skills development;

• Transportation and accessible equipment;

• Computers, communication devices, and assistive technology;

• Recreation, hobbies, and community activities;

• Additional personal support and services not otherwise covered.

These are potential uses, not blanket assurances that every payment is permitted or benefit- neutral. A knowledgeable trustee should review distributions before making them.

A thoughtful plan focuses on the individual: their preferences, relationships, abilities, and goals. A disability does not mean someone cannot manage money or make decisions.

A trust should address actual needs while respecting the beneficiary’s autonomy.

Create Continuity When Family Circumstances Change

Parents and other loved ones often ask: “Who will help when I can no longer do it?”

A special needs trust can establish a structure for managing funds over time. The trust can identify a trustee, name successors, and explain how resources should be used for the beneficiary’s support.

Choosing the right trustee matters. The role may involve investments, recordkeeping, tax filings, benefit reporting, and careful distribution decisions. Families should consider the trustee’s experience, availability, fees, and willingness to work with the beneficiary and their support network.

A separate letter of intent can also describe routines, preferences, important contacts, and personal goals. It does not replace the trust, but it can help future supporters understand the person behind the paperwork.

Give Relatives a Coordinated Way to Help

Grandparents, siblings, and friends may all want to contribute to a loved one’s future.

Without coordination, a well-intentioned gift or beneficiary designation can undermine the family’s planning.

An appropriate third-party special needs trust can provide a destination for gifts and inheritances. Wills, life insurance beneficiary designations, and other estate-planning

documents should be reviewed so they work together. Retirement accounts require additional tax and distribution analysis before naming a trust as beneficiary.

This can also avoid relying on an informal arrangement in which someone leaves money to a sibling with the expectation that the sibling will use it for the person with a disability. A formal trust provides clearer directions and accountability.

Choose the Right Type of Trust

The source of the money is a critical distinction.

Third-party special needs trusts These trusts generally hold assets contributed by someone other than the beneficiary, such as a parent or grandparent. They are often used in family estate planning. Washington’s third-party trust rule does not require the state to be named as a remainder beneficiary-allowing an appropriately drafted trust to direct remaining assets to other beneficiaries.

Assets belonging to a beneficiary’s spouse require separate analysis. See WAC 182-516-0140.

First-party special needs trusts

These trusts hold the beneficiary’s own assets, which might include settlement proceeds or an inheritance already received. The federal exception for an individual first-party special needs trust has specific requirements, including an under-age-65 requirement and Medicaid repayment provisions at the beneficiary’s death. See 42 U.S.C. § 1396p(d)(4)(A).

Pooled trusts

A qualifying pooled trust is established and managed by a nonprofit association.

Beneficiaries have separate accounts, while funds are pooled for investment and management. Federal rules govern how remaining funds may be retained by the trust or used to repay Medicaid. See 42 U.S.C. § 1396p(d)(4)(C).

These options are not interchangeable. Selecting the right structure before transferring money can help prevent costly mistakes.

Good Planning Includes Ongoing Administration

Creating the trust is only the beginning. The trustee must administer it in a way that remains consistent with the trust document and applicable benefits rules. Even when trust assets are not counted as resources, particular distributions may affect benefits.

A trust also brings costs and responsibilities. Legal fees, trustee fees, investment expenses, and tax obligations should be considered alongside the amount available to fund it. A special needs trust is not necessary for every person with a disability; the right approach depends on the individual’s benefits, resources, support needs, and preferences.

Plan for Possibilities, Not Just Emergencies

A special needs trust is about more than protecting an inheritance. It can help provide continuity, expand choices, and support a meaningful life long after the person creating the plan is no longer able to help directly.

If you want to provide for someone with a disability, consider speaking with a Washington estate-planning attorney experienced in special needs planning before making a substantial gift, changing beneficiary designations, or directing an inheritance outright. A coordinated plan can help your generosity serve the purpose you intend.

This article provides general information, not legal advice. Trust and public-benefit rules are complex, and the appropriate plan depends on individual circumstances.

Contact us today to schedule a free discovery call with one of our attorneys to discuss your estate planning goals and needs.

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The Commercial Lease Clauses You Might Be Overlooking

You checked the rent. You checked the lease term. But what about the provisions that could make leaving—or staying—much more expensive?

Before signing a commercial lease, business owners should look beyond the headline numbers:

• Operating expenses and audit rights: What costs can the landlord pass through, and can you review the supporting records?

• Equipment replacement: Does your duty to maintain the HVAC system also require you to replace it?

• Relocation rights: Can the landlord move your business to another space—and who pays?

• Business-sale restrictions: Could selling your company or changing ownership require the landlord’s consent?

• Restoration obligations: Will you have to remove approved improvements and restore the space when you leave?

• Renewal notice traps: Could missing a notice deadline cost you the right to renew?

• Service interruptions: What happens to rent if essential services or access are disrupted?

The fine print can affect your cash flow, business flexibility, and exit strategy.

Before you commit, have a qualified attorney review the entire lease—not just the rent page. A clear understanding now can help prevent expensive surprises later.

Contact us today to schedule a free discovery call with one of our specialized attorneys.

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General information only. Lease obligations depend on the agreement and applicable law. This is not legal advice and does not create an attorney-client relationship.

Why does my business need an attorney?

There are many reasons consulting or hiring an attorney can benefit your business. Even if you are a sole proprietor or a real estate agent, an attorney can benefit you not only by ensuring your business is complying with laws and regulations, but also by helping you benefit in learning key ways your business can benefit and profit more.

Some things you can learn from attorneys include the best business formation for you, your rights regarding your intellectual property and brand, taxation, employment agreements if you hire employees, policies and procedures for your business, and many others.

Whether you aspire to hire an attorney as an integral part of your company, or simply seek advice regarding key aspects of your business, a lawyer can help you benefit in many ways.

Contact us to better your business today.
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Do I have legal protection for my intellectual property?

Do you have art, a logo, or trade name that you created? Are you wondering if you have legal protection preventing others from taking and using it without your consent?

Intellectual property includes trademarks and copyrights. Trademarks are generally logos or words and phrases. Copyrights protect art. The best way to protect these forms of intellectual property is to register them, but there may be some protection if someone is infringing even without registration.

There are varying degrees of protection for unregistered and registered trademarks and copyrighted works. A court considers many factors when evaluating whether an unregistered work trumps a registered work or another unregistered work.

If you have intellectual property you would like to register, are looking for legal advice, need assistance enforcing your intellectual property rights, or are seeking defense against accusations of your infringement, contact us today and we can help you achieve your goal.

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