Wills
A will does six important things for the deceased person’s estate:
- Appoints an executor, a person whom you trust to carry out your wishes contained in the will.
- Directs the estate to take care of any debts, bills, liabilities, medical and funeral costs before distributing any assets to beneficiaries.
- Contains any instructions for what you would like to happen to your physical remains.
- Determines who the remaining assets are given to, and how much.
- Provides a list of tangible personal items and whom you would like those items to go to. (My yellow lion cookie jar to my niece Jennifer etc.)
- MAY contain a letter of wishes, explaining in plain language what your intent is regarding anything you are worried about or feel you need to explain. If you have minor children, this can express your wishes for guardianship. These are all reasons why you should consider getting these things completed as soon as possible!
Without a will, the State decides who gets your property. Not having a will leaves your family open to fighting and stress in trying to figure out what you wanted to have happen to your things, your minor children and your remains. It leaves open the possibility of fighting in court amongst family members or between your family and creditors.
Many attorneys charge a flat fee to prepare a will, others will charge by the hour. A will preparation rarely costs more than $1000. It is money well spent, as it is just as much an investment in your family’s emotional well-being as it is in your peace of mind.
No, not everything. Things like bank accounts, retirement plans, life insurance policies, and investments do not pass through a will as those already have beneficiaries in place. Creating your will with an attorney’s help can help sort out your assets to ensure everything gets passed on according to your wishes.
It is a good idea to have one even if you are married. When making your will, you will be considering where you want your stuff to go if your spouse dies before you, and whether you want your spouse or someone else to be the executor of your estate. Finally, some kinds of property do not automatically go to your spouse and a will can make things easier for your spouse as well as your relatives.
You should still put down your wishes in your Washington State will. Usually, out-of-state property would need to be probated in that state. Completing a will can help uncover complicated assets you may not have realized.
People are not required by law to have a will. Even if you are not wealthy, a will can take the burden off of family members to decide who is in charge, who gets certain mementos, who should talk to creditors, and who will talk to the funeral home. Creating a will is essential to ensure that those things are carried out according to your wishes.
You should complete a will and designate power of attorney. Feeling like you have to protect yourself from a relative is awful. Having your documents in place now will ensure that only people you trust will have a say in your affairs.
Yes, but I don’t recommend this. The purpose of choosing is to simplify things during times when emotions may run high, and not to make sure people don’t feel “left out.” Most people pick a first choice and an alternate for both roles in case the first person (usually a spouse) either cannot or does not want to have that role.
Yes! You always have the power to change your estate plans. Sometimes it’s simple, sometimes it requires the drawing up of new documents. But you always have the power to make those changes. It’s important to not wait around. Have these things ready now, knowing you can make changes later.
Yes, it is scary, and that’s ok. Let me know if you have struggles with this topic and what you need from me to be able to talk about these ‘what-ifs.’ My goal is to help make you comfortable with your power to ensure your needs are documented, and that the people you want to take care of you have your back.
Probate is a court process for settling a person’s affairs after death.
No. Probate must happen if an unmarried person dies and they own real estate, or if a person has $100,000 or more in personal property. Even if that is the case there are some options available to avoid probate.
By choosing your executor and picking your beneficiaries, you will help create stability and far less hassle for your loved ones even if your estate does go through the probate process.
By choosing your executor and picking your beneficiaries, you will help create stability and far less hassle for your loved ones even if your estate does go through the probate process.
Whether you make your own will or hire a lawyer, estate planning will always involve some work. An attorney can help you think about things you may not have thought of and organize your options in order to make the best choices for you and your loved ones.
Power of Attorney
Only if you want it to be. Once you designate someone as your agent, you can revoke that power in writing.
You can have the POA become effective upon the happening of a traumatic event or immediately. When trauma happens, you want your agent to be able to act quickly on your behalf. I generally recommend power-of-attorney to be effective immediately. Should your designated POA exercise those powers without your permission while you are of sound mind, you can revoke that power and they could face legal consequences.
It is a good idea to formalize this even if you are married. Even if you choose your spouse as your agent, it is a good idea to also designate an alternate person in case your spouse dies before you or your spouse does not want to act as your agent for whatever reason.
Medical Directives
The people who care for you can be placed in an emotionally challenging position without a medical directive. Completing a medical directive relieves the burden from people who care about you having to make decisions regarding nutrition or breathing if healthcare professionals determine that your recovery is not possible.
No, a medical directive deals with whether or not life-sustaining treatment is utilized during a terminal condition. A Do-Not-Resuscitate order deals with whether or not CPR is utilized.
Trusts
Most folks do not have to worry about this. If you estimate the total value of your estate to be at minimum $2 million dollars, then it is time to talk about trusts and taxes.
Yes, if the trust is formed while you are still alive. With a clear will and a trusted executor, the hassle, time and cost of setting up and then properly managing a trust is not likely worth it just to avoid a standard uncontested probate. There are some other tools to avoid probate as well.
Once a trust is set up, a person should still have a will to capture any assets accumulated since the trust was formed that may not have been added to the trust.
This is a trust that is created by the will. Unlike trusts created during life, a testamentary trust is not created to avoid probate or tax liabilities. The purpose is to manage the inheritance for beneficiaries for specific reasons. Here are some common reasons:
- My spouse does not want or does not have the ability to manage the finances of our household so I would like my assets to be placed in trust for his or her benefit.
- This beneficiary is not to have access to these benefits until they reach age 25 etc.
- This inheritance could cause this beneficiary to lose government benefits, such as a disqualification of Medicaid benefits, so those assets should be held in trust to ensure compliance with income rules.
- This person receives disability benefits that could be lost if they receive this inheritance (Special Needs trust).
Contracts
A contract is a legally binding document, meaning that if you break its terms, the other party can take you to court for monetary damages or to make you perform your obligation.
Are there provisions if there is a disagreement between the parties? Is a person excused if performing the work becomes impossible? Does the contract ask someone to break the law? These are some of the things I can look for, and then assess what your risks are. You can always negotiate for better terms if you spot possible problems.
Yes. Contracts are made all the time without the help of lawyers. But a lawyer can help spot issues that you may not think of that leave you open to unneeded liability. Let’s collaborate and draft a contract that protects you and meets the needs of your business.
Business Formation and Advising
If you are serious about getting your dream off of the ground, you should also be serious about getting it structured in a way that will protect you personally if things go wrong. Giving a legal structure to your business will create a shield between you and your business, protecting you and your family. I can help with that.
By being licensed as opposed to being under the table you will be able to legally offer a broader range of services or products, with less liability on you personally. Some products or services are illegal to offer without being licensed. Being fined or shut down simply because you do not have the required paperwork is a real bummer. Talk with me and we will find out all of the steps you need to take to get up and running.
A limited liability company is often the best structure for a new small or solo business. While the owner(s) are responsible personally for taxes, they are protected from being personally liable for business-related lawsuits. It offers the protection of a corporation with the simplicity of a partnership (or sole proprietorship). Let’s see if this structure makes the most sense for your business plan.
Yes, absolutely. Sometimes though, it’s easy to feel lost, frustrated, overwhelmed or scared of these processes. By working together, I can help make sure we have considered all of the options in order to choose the one that makes the most sense.
Non-Traditional Family Support
In this case a will is an absolute must! If you pass and do not leave a will, a non-married partner will not have any legal right to your assets. Estate planning is probably the single strongest area allowing for the protection of non-married partners.
I will do my best to research all of the options and see what creative solutions are available. Every situation is different, and there are no perfect solutions to this issue available at law just yet. Whether we are talking about financial or custodial issues, we will safely collaborate together to get you on the path of stability.
HR Consulting for Small Business and Non-Profits
Employment law covers all the laws and regulations that govern the employer-employee relationship. Labor law deals with the laws and regulations pertaining to organized labor and management. HR law focuses on employment law from the perspective of the employer as opposed to the employee.
In Washington State, a hostile work environment is one where an employee experiences harassing language or conduct on the basis of the employee’s age, creed, disability, marital status, national origin, race, religion, gender, sexual orientation, honorably discharged veteran status, or military status. The language or conduct either concerns or is because of the employee’s belonging to one or some of those identities. The language or conduct is unwelcome because it is undesirable, offensive, unsolicited, and is not incited by the employee. The language and conduct is so offensive that it alters the condition of the employee’s employment and either management participated in the harassment or knew about it and failed to take reasonable steps to stop it, or management should have known about it because it was so pervasive and they failed to take reasonable steps to stop it.
A trauma-informed workplace has 3 important components:
- It realizes the widespread impact of trauma and understands potential paths for recovery;
- It recognizes the signs and symptoms of trauma in clients, families, staff, and others involved with the workplace; and
- It responds by fully integrating knowledge about trauma into policies, procedures, and practices, and seeks to actively resist re-traumatization
When the principles of trauma-informed care are applied to the way an organization runs itself, wonderful things can occur. Turnover drops, satisfaction is high, and everyone feels safe and empowered to do their best job. This way of running things internally will also shift how the organization interacts with the people they serve, yielding higher satisfaction of performance.
