Washington Wills Trusts Lawyer - Attorney at Law - Wills Trusts Probate Healthcare Directives Power of Attorney Guardianship Elder law - Serving Everett Lake Stevens Edmonds Arlington and Lynnwood in Snohomish County WA

A will is a legal document that sets out an individual’s (the ‘testator’) testamentary wishes for the distribution of their estate upon death. Wills can name one or more persons to receive assets and special gifts, and also provide for who will manage the estate, and how one’s remains will be handled. A will must be probated upon the death of the testator, and can be as simple or as complicated as is necessary to accomplish the distribution desired. A will can also create a trust, which is often advisable where assets are passing to minors or persons otherwise incapable of handling their own finances. Because of the important nature of these documents, not only must be they be individually tailored to the client’s wishes and the laws concerning will-interpretation, but they must be executed in accordance with State law to be effective. This is seldom possible with pre-made form wills that are sold retail.

A trust is an artificial entity, into which legal title of property is transferred for the benefit of another. The person creating, managing, and benefitting from the trust is often the same. The primary benefit of trusts is that as a separate entity, assets owned by the trust often do not have to pass through probate. Trusts can operate to manage someone’s assets during their lifetime, if they are unable or do not desire to do so themselves, or can simply provide for the distribution of assets following death, and much more. Trusts can also be important tools in planning for Medicare qualification.

While no one enjoys planning for their own passing, estate planning is an important step to securing your wishes for your property, and provides peace of mind for what will occur. In my practice, I listen to the client’s wishes and concerns for their estate with care, and explain the legal options available before any decisions are made. Finally, great care is taken to assure that all the testamentary wishes are fulfilled at a reasonable and agreed-upon cost.

Probate

Probate is a mandatory legal process for the administration of estate, whether they are controlled by a will, or by the State’s intestacy laws (which provide for distribution of assets if there is no will). The process includes notice and payment to creditors, and notice and distribution to heirs, and payment of expenses. Probate is also the only opportunity for persons to object to the manner in which an estate is being managed, or to contest the validity of a will or trust.

Health-care Directives

An advanced heath-care directive, otherwise known as a ‘living will’, is effectively prior written consent to your physicians to provide or cease various treatments. As well as the basic statutory form, many physicians and hospitals provide their own forms for this type of planning, and people contemplating end-of-life decisions should consult with both a physician and an attorney to ensure comprehensive and effective planning.

Powers of Attorney

Power of attorney allows a person to appoint someone to make various decisions on their behalf, while still living. The powers can be effective immediately, or reserved for when the person making them becomes incapacitated, which is often called a ‘durable’ power of attorney. The person holding power of attorney can be empowered to make health-care and financial decisions, as narrowly or as broadly as the person creating them wishes. Power of attorney is an important tool in the estate planning kit, and can fill many gaps between various other documents.