Estate Planning & Probate

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...

If you’re facing a divorce, you know that it can cause stress, anxiety, and frustration. The last thing you may want while going through this process is something else on your plate to deal with. But you should take some time to review your estate plan. Ignoring it during this pivotal time can result in losing control over your assets and legacy. 1. Update Your Will Most married people chose...

The reality is that estate planning involves several complicated phrases and documents, like “executor” and “power of attorney.” Perhaps two of the most asked about documents are the estate planning tools of the Will and Trust. While there are definite distinctions between the two, it’s likely that your estate plan should include both and a skilled estate planning lawyer can help you make the...

Life constantly changes. One result is that there’s a good chance your personal affairs have probably changed since you first created your estate plan. No problem whatsoever. All you need to do is take a few steps to tidy matters up. Taking the time to do so will only benefit your family and loved ones. Ensure that All Your Estate Plan Documents are Current A thorough estate plan will usually...