Estate and Probate

Wills & Estate Planning

Our office has an estate planning package that includes three documents: 1) A last will and testament, 2) a durable power of attorney, and 3) A health care directive.

Most states, Washington included, have a law that says what happens to the things you own after you die if you had no will; this is called the Rule of Intestate Succession, and Washington’s (RCW 11.04.015) can be found here. “Intestate” means you have no will.

Even if your wishes are the same as what would happen if you had no will, it will probably be easier for your loved ones if you write down what you want done after you pass away. Losing a loved one, even if it is reasonably expected after a long illness, is hard enough without having to try to imagine or remember what that loved one may have wanted. This is especially important if you are interested in the options allowed by Washington’s Death with Dignity laws, also known as euthanasia or (a long time ago!) assisted suicide.

A power of attorney allows you to have the assistance of a person you trust to go about your normal, daily business; for example, financial transactions, buying/selling property, managing your healthcare, etc. Powers of attorney can only help you while you are alive, but if you are in a condition that makes it difficult for you to conduct your daily business, appointing a power of attorney could really help you out.

A health care directive may also be known as a living will; it tells your family and healthcare providers what steps you would like taken in the event you are in a non-responsive state (e.g. a coma), a vegetative state, diagnosed with a terminal condition, or suffer mortal injuries, from which you are unlikely to improve or recover. You will indicate if you want CPR, feeding tubes, hydration, and pain medication. This is where we include advice of your wishes regarding Death with Dignity.

Once your estate planning documents are prepared, we will provide you with a safe envelope to keep them in, and as many copies/packets for your relatives as you would like. It is a good idea to let your relatives know, especially your executor and heirs, what your wishes are in advance, so they will not be surprised by anything while they are dealing with the shock of your passing.

Probate

Probate is the court process that oversees an executor’s work to carry out a deceased person’s will. Typically, probate is needed when there are significant property items (real estate, vehicles, bank accounts) still in the decedent’s name, which you should or would like to change to another person’s name. There are some situations when you don’t need to file a probate case in the court, such as if you are the sole heir and married to the deceased person, or if the decedent’s estate is worth less than $100,000; in those scenarios, you can use a notarized affidavit to be able to change the ownership of any property left in the decedent’s name.

To open probate, you need the deceased person’s original will (if you can find it), a death certificate, and a few completed forms; if they don’t have a will, you can still open a probate with the other two items, but the forms will be slightly different. Once probate is open, you can open an estate bank account, and begin the process of consolidating the decedent’s property. The process is slightly different for estates that are solvent (have enough money to pay their debts) versus estates that are insolvent (owe more debts than there are assets).

Many people are unaware that the estate is supposed to pay estate attorney fees, so keep that in mind when you are considering whether you would like the assistance of an attorney. We can help as much or as little as you like; we prepare paperwork to open, progress, and close the estate, and can operate as a place where any estate related correspondence can be sent. We will advise you regarding your duties as executor, including transferring assets to beneficiaries and paying debts, among others, which may be very valuable if you are not exactly sure what you are required to do, or not allowed to do.

Please feel free to give us a call to discuss your loved one’s will, and we can give you guidance as to what steps it may be best to take next.