Frequently Asked Questions

  • The short answer is YES. A Will allows you to state how you want your assets and personal belongings distributed after your death and who you want to handle your estate. Without a Will, Washington law determines how certain assets are distributed, which may not match your wishes. A Will can also help provide clarity for your loved ones and reduce uncertainty during an already difficult time.

  • A Power of Attorney allows you to appoint someone you trust to make financial, legal, or other decisions on your behalf. Depending on how the document is drafted, it can give your agent authority to handle matters such as banking, real estate, business affairs, and other financial transactions. Having a Power of Attorney in place can help ensure someone you trust can step in if you are unable to manage your affairs yourself.

  • A Medical Directive, sometimes referred to as a Living Will, allows you to communicate your wishes regarding certain medical treatment if you become unable to make or communicate your own decisions. It can provide guidance to your loved ones and healthcare providers and help ensure your wishes are considered when important medical decisions need to be made.

  • Probate is the legal process for administering a person's estate after they die. Depending on the circumstances, probate may involve validating a Will, identifying assets, paying debts and taxes, and distributing property to beneficiaries. Not every asset necessarily needs to go through probate, and proper estate planning may allow certain assets to pass outside of the probate process.

  • In some circumstances, estate planning can reduce or avoid the need for probate for certain assets. Strategies may include the use of trusts, beneficiary designations, joint ownership, and other methods of transferring property. Whether avoiding probate makes sense depends on your assets, family situation, goals, and the costs and benefits of the available options. An estate plan should be designed around your specific circumstances rather than simply trying to avoid probate at all costs.

  • A good estate plan addresses more than simply who receives your property. You should consider who you trust to make financial and medical decisions if you become unable to do so, who should manage your estate after your death, and who you want to receive your assets and personal belongings. It is also important to consider real estate, financial accounts, beneficiary designations, family heirlooms, charitable giving, and potential Washington estate tax considerations.

  • When someone dies without a Will, their estate is generally distributed according to Washington's intestacy laws. This may result in assets going to family members in a way the deceased person would not have chosen. The absence of a Power of Attorney or other planning documents can also create difficulties if someone becomes incapacitated. Creating an estate plan in advance can give you greater control over these decisions and help reduce the burden on your family.

  • An attorney can help guide a personal representative through the probate process, including identifying and administering estate assets, addressing creditor claims, preparing required documents, dealing with real estate, and distributing assets to beneficiaries. Legal assistance can be particularly valuable when an estate involves real property, significant assets, family disputes, complicated ownership, beneficiary issues, or potential tax consequences. Our firm can also assist with related matters such as real estate transfers, Quit Claim Deeds, Quiet Title issues, and other legal needs that may arise during estate administration.

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