Estate Planning & Probate

Image by benzoix on Freepik An important part of the estate planning process is to protect your assets and care for your loved ones. Many people have heard that an important step in accomplishing these goals is to avoid probate at all costs. However, the majority of us are simply unaware of why this is true. Let’s take a moment to shed some light on the topic. What is Probate? Washington state...

The law can definitely be a source of confusion. One of the reasons is that there are multiple areas of the law that use seemingly foreign words and phrases. Estate planning is one of these areas. To help avoid some confusion, we’ve taken some type to explain a host of estate planning terms. Please contact a skilled estate planning attorney now to create an estate plan or review an existing...

As with any area of the law, estate planning is the source of several myths and misbeliefs. The unfortunate reality is that these misbeliefs often prevent people from completing an effective estate plan in the first place. Please know, however, that everyone should have a plan in place to protect their wishes, assets, and family. Please contact a skilled estate planning lawyer now if you don’t...

Probate refers to the general administration of a decedent’s estate. It involves the paying off of a decedent’s debts and the distribution of his/her assets. While probate can run smoothly, we also know from experience that it can be frustrating and involve conflict and disputes between family members. This doesn’t always have to be the case, though, since there are a few things you can do to...

Estate planning is often overlooked, avoided, or put off for another day. But the reality is that everyone should have a plan in place. This is especially true if you have children and/or own a home. Please note, though, that an effective estate plan does not have to be overly complicated. Rather, you can start with four key necessities and build on from there. These necessities include a...

In response to inflation rates, the IRS recently announced a few gift and estate tax changes that it will begin implementing in 2023. The changes will likely benefit your estate plan. If you don’t have a plan, or are looking to modify your existing plan, please contact a skilled estate planning attorney today! Gift Tax Annual Exclusion Beginning on January 1, 2023, the IRS will increase the...

Under Washington law, “TEDRA” refers to the Trust and Estate Dispute Resolution Act. The statute is set forth in Chapter 11.96A of the Revised Code of Washington. The law sets forth the procedural framework with regards to resolving disputes that arise during the probate of an estate. What is a TEDRA Petition? A TEDRA petition is essentially a claim that you bring before the court that is...

A pour over will is a type of estate planning document that works in concert with a trust. Whether this will is ideal for you simply depends on your particular wishes and assets. Please make sure to consult with a skilled estate planning attorney to ensure your plan is current and is consistent with your desires. The estate planning lawyers at the McWilliams Law Firm are always here to help!...

The quick answer is that the state will decide who gets your assets via the process of “intestate succession.” In general, assets are transferred to your closest surviving relatives. The most likely recipients are your spouse, your children, your parents, or your siblings. If you currently don’t have a will, you should contact a skilled estate planning attorney now. Who Gets What When There Is...

While the vast majority of us should have an updated estate plan, many seniors simply refuse to create one or ignore the thought of creating one. Reasons for these actions could come from a fear of death and worries about the expenses and anxiety involved. If your parents are reluctant to visit an estate planning attorney, you should try to gently intervene. The expenses associated with...