Frequently Asked Questions

If you pass away without a Will in Washington state, your assets will be distributed according to state laws through a process called intestate succession. This means the court will follow specific rules outlined in RCW 11.04.015 to decide who inherits your property and in what amounts. Generally, this distribution prioritizes your closest relatives, such as your spouse, children, parents, or siblings, depending on your family situation.

Additionally, if you have minor children and the other parent is unavailable or unable to care for them, the court will decide who becomes their legal guardian. This decision may not reflect your personal wishes or what you believe is best for your children.

Without a Will, you lose the ability to control who receives your assets or who will care for your children. Creating a Will ensures your wishes are followed and helps avoid confusion or conflict among your loved ones.

A Last Will and Testament is an essential legal document that allows you to provide for your loved ones by deciding how your assets will be distributed after your death. It enables you to leave specific items or heirlooms to particular people or organizations that are important to you, appoint guardians for your minor children to ensure they are cared for by someone you trust, establish trusts for your children or other beneficiaries to provide financial security, and specify your funeral and burial preferences so your family knows how to honor your wishes.

Having a Will also eliminates uncertainties and potential conflicts by clearly documenting your intentions. Without a Will, the court will follow state laws to divide your assets and determine guardianship, which may not reflect your personal wishes. By creating a Will, you retain control over these critical decisions and provide peace of mind for your loved ones.

Probate is the legal process of managing and settling a decedent’s estate (a decedent is someone who has passed away) to ensure their assets are distributed appropriately. If the decedent left a Will, the court will validate it and oversee the distribution of assets according to its instructions. If no Will exists, probate ensures that assets are distributed according to state law.

The probate process involves identifying and inventorying the decedent’s assets, paying any outstanding debts, taxes, or expenses, and distributing the remaining property to the rightful beneficiaries or heirs. It also provides a formal framework to resolve disputes, such as challenges to the validity of the Will or disagreements among beneficiaries.

A Personal Representative (commonly called an Executor in other states) is the person responsible for managing and administering the decedent’s estate during the probate process. Their duties include gathering and inventorying the estate’s probate assets, safeguarding and managing those assets, paying any debts or taxes owed by the estate, and distributing the remaining property to the rightful beneficiaries as directed by the Will or state law.

Choosing the right Personal Representative is an important decision, as they play a critical role in ensuring that your estate is handled efficiently and in accordance with your wishes. The person you select should have traits that indicate they would carry out these responsibilities effectively. Key qualities to look for include honesty, common sense, financial responsibility, proximity, and age/health.

While a family member may seem like the natural choice, you can also select a trusted friend, professional fiduciary, or financial institution if you feel they are better suited to the role. Ultimately, the best choice is someone who is reliable, trustworthy, and capable of handling the complexities of the probate process.

Estate tax is a tax imposed on the transfer of property at the time of death. When you pass away, your estate may owe estate taxes depending on its total value and applicable laws. There are two types of estate taxes: the Washington State Estate Tax and the Federal Estate Tax.

It’s important to note that married couples can often take advantage of certain provisions, such as portability for the federal exemption or state-specific planning tools, to minimize or eliminate estate taxes. Additionally, lifetime gifts, trusts, and other estate planning strategies can be used to reduce the taxable value of your estate.

Understanding and planning for both state and federal estate taxes is essential to ensure that your loved ones inherit the maximum value of your estate.

A trust is a legal arrangement in which you, as the creator (also known as the grantor or settlor), appoint a third party (the trustee) to manage and hold assets or property on behalf of one or more beneficiaries. The trustee is legally obligated to follow the rules and instructions you set for the trust to ensure your wishes are carried out.

There are many different types of trusts designed to serve various purposes, such as reducing estate tax liability, protecting property from creditors or legal claims, providing for loved ones with special needs, and avoiding the time-consuming and costly probate process.

Whether you need trust depends on your unique circumstances and goals. For example, if you have minor children, a trust can be an effective tool to ensure their financial care and support. A trust allows you to designate how and when funds should be used for your children, such as for education, healthcare, or general expenses. It also eliminates the need for court-imposed bonds and ongoing court supervision over the children’s inherited assets, which can simplify the process and reduce costs.

Trusts can also be used to manage assets for adult beneficiaries who may not be financially responsible, to provide for loved ones with disabilities without jeopardizing their eligibility for government benefits, or to ensure privacy and avoid the public nature of probate.

A power of attorney (POA) is a legal document that establishes an agency relationship, allowing one or more individuals (referred to as your “agent” or “attorney-in-fact”) to act on your behalf. With a valid power of attorney, your agent can take any actions specifically authorized in the document, including managing finances, signing legal documents, or making medical decisions, depending on the type of POA.

A power of attorney allows you to choose who will act for you and clearly define their authority and its limits. It’s important to note that the term “attorney” in this context does not mean “lawyer.” Your agent can be anyone you trust, even if they have no legal training or professional background.

A power of attorney is often used to prepare for situations where you may be unable to act on your own behalf, such as during extended travel, illness, or incapacity. For example, a durable power of attorney remains in effect even if you become incapacitated, ensuring that someone you trust can handle your affairs when you cannot.

Creating a power of attorney is an essential part of a comprehensive estate plan, as it provides peace of mind knowing your personal, financial, and medical matters will be handled according to your wishes. It is important to work with an attorney to ensure the document is properly drafted, meets your needs, and complies with state laws.

A Healthcare Directive (also known as a Living Will) is a written document where you express your preferences for medical treatment in certain situations, particularly when you are unable to communicate for yourself. It allows you to specify how you want to be treated in extreme medical circumstances, such as at the end of your life or if you are seriously ill or injured.

For example, you can state whether you want to receive life-sustaining treatments if you are terminally ill or injured, decide in advance whether you wish to be provided food and water through intravenous (IV) devices, and provide other specific medical instructions about your care. This directive ensures that your wishes are clearly communicated to both your doctors and your family, so they will know how to proceed without having to guess or make difficult decisions on your behalf.

Having a Healthcare Directive gives you control over your medical care, especially during critical times when you cannot speak for yourself, and provides peace of mind for both you and your loved ones.

If you don’t have a Health Care Directive (also known as a Living Will), and you’re unable to communicate your medical wishes due to illness or injury, your family or doctors may have to make difficult decisions on your behalf. Without clear instructions, there can be confusion or disagreements about your care. Having a Health Care Directive ensures your wishes are known and followed, giving both you and your loved ones peace of mind in critical situations.

In Washington state, both a Will and a Revocable Living Trust are useful tools for estate planning, but they serve different purposes and have some key differences.

A Will is a legal document that outlines how you want your assets to be distributed after your death. It also allows you to name guardians for your minor children and appoint an executor to manage your estate. However, a Will must go through the probate process, where the court oversees the distribution of your estate. In Washington, our probate system is cost-effective and relatively simple, so for many people, a Will is sufficient. It’s important to note that probate in Washington is typically quicker and more affordable compared to other states, which often require more complex procedures.

A Revocable Living Trust works a bit differently. It allows you to transfer ownership of your assets into the trust during your lifetime, and those assets are then managed by a trustee (whom you appoint) for the benefit of your beneficiaries. One of the main advantages of a Trust is that it doesn’t go through probate, which can be beneficial for people who want to avoid public court proceedings or speed up the distribution of assets. However, in Washington, where probate is more efficient, the benefits of avoiding probate may not be as significant as they might be in other states with longer probate processes.

Ultimately, the choice between a Will and a Revocable Living Trust depends on your individual goals. For many Washington residents, a Will combined with good estate planning can be sufficient. However, if you have complex financial or family situations, a Revocable Living Trust might provide additional flexibility and control over your estate.

Yes, you can make changes to your estate plan at any time while you are still alive and mentally competent. This is one of the benefits of having an estate plan—it can grow and change with your life circumstances. If you experience major life events like getting married, having children, or changing your financial situation, it’s a good idea to update your estate plan to reflect those changes.

At the Law Office of Wynnie Johnson, PLLC, we understand that time and money can be significant roadblocks to completing an estate plan. Our goal is to make the process simple and affordable. We offer cost-effective estate planning packages tailored to meet your needs at a price that fits your budget.

Our office would be happy to send you a client intake form that will help us in meeting your estate planning goals. In the meantime, some questions to think through would be:

• How much do we have in assets? (real estate, vehicles, investment accounts, bank accounts, etc)
• Who would you appoint as your Personal Representative?
• Do you want to make sure particular belongings go to certain people?
• If you have minor children, who would you want their guardian to be?
• Would you like to create a trust for your minor children?
• If you create a trust, who would you pick as the trustee to manage the money in your trust?
• Who would you trust to manage your money for the benefit of your children?

Our business office is conveniently located in Issaquah, right off the I-90 exit.

Estate planning documents are dynamic documents that should be updated whenever your life changes. For instance, if you have a new child, experience a change in your marital status or your health status shifts, it’s a good idea to review and adjust your documents to make sure they still reflect your wishes and needs.

Probate is the legal process of settling someone’s estate after they pass away. This process ensures that debts are paid and the remaining assets are distributed to the rightful beneficiaries according to the person’s Will or state law if there is no Will. In Washington, probate is generally a straightforward and cost-effective process compared to other states. Whether or not you need to go through probate depends on the assets you leave behind. If your assets are solely in your name and exceed a certain value, probate will likely be required.

The length of the probate process can vary depending on the complexity of the estate and other factors. Once the Personal Representative is appointed, they will have immediate access to the probate assets. However, the distribution of assets to beneficiaries may take some time, as it is important to first pay any outstanding debts, taxes, or other expenses. The process can be influenced by things like whether there are any disputes, how quickly creditors respond, or if all required paperwork is properly completed. While the exact timeline varies, the goal is to settle the estate in a timely and efficient manner.

Yes, probate can often be avoided with proper estate planning. There are several methods to help bypass probate, such as holding property jointly with the right of survivorship, designating beneficiaries on accounts, or transferring assets in a way that they pass directly to others without court involvement. However, not all assets can be transferred in this way, and in some cases, probate may still be necessary for certain assets. In Washington, probate is a relatively straightforward and cost-effective process, so while avoiding it can be beneficial in some cases, it is not necessarily something to fear. Working with an estate planning professional can help ensure that your assets are structured in a way that minimizes the need for probate.

The probate process generally involves several steps:

1. File the Will with the court: If there is a Will, it must be submitted to the court to be validated. This step ensures the court acknowledges the Will’s legality.
2. Appoint a Personal Representative (Executor): The court will appoint a Personal Representative to manage the estate. This person is responsible for carrying out the instructions of the Will or following the state’s laws if there is no Will.
3. Identify and inventory assets: The Personal Representative will make an inventory of the decedent’s assets and determine their value. This includes real property, bank accounts, investments, and personal belongings.
4. Notify creditors and address debts: The Personal Representative usually notifies creditors of the decedent’s death. Creditors then have a set period to file claims for any outstanding debts. These debts must be paid before any distribution of assets to beneficiaries.
5. Pay debts and taxes: Any outstanding debts or taxes owed by the decedent must be paid. This includes funeral expenses, medical bills, and any state or federal taxes.
6. Distribute assets: After debts and taxes are settled, the remaining assets are distributed to the beneficiaries according to the Will or, if there is no Will, according to Washington state law.
7. Close the estate: Once everything is settled, the Personal Representative submits a final report to the court. After any final administrative tasks are completed, the estate is officially closed.

In Washington, probate is a structured process designed to ensure that debts are paid and assets are properly distributed.

No, not all assets go through probate. Assets like jointly owned property, accounts with named beneficiaries (like life insurance policies or retirement accounts), and property in a trust typically do not go through probate. Assets that are only in the decedent’s name and do not have a designated beneficiary may need to go through probate to be distributed according to the decedent’s Will or state law. To avoid probate for as many assets as possible, it’s helpful to work with an estate planning attorney to create a comprehensive plan.