I’m not rich, do I need estate planning?

Estate planning isn’t just for the rich. It encompasses creating a will, putting powers of attorney in place, and helping plan for your family and assets upon an incapacity and at death.

How do I name a guardian for my child?

Creating a Last Will and Testament is the only way to name the person that will be your child’s Guardian if you pass away while your child is a minor.

What happens if I die without a will?

If you die without a will, you are considered to die “intestate,” and there is a law in Washington that dictates how your assets pass at death. The law and order of inheritance is at RCW 11.04.015. People are often surprised that, if they die intestate, all of their community property goes to their spouse BUT only part of their separate property goes to their surviving spouse if they have children or parents alive.

I have beneficiaries on all of my accounts, do I still need a will?

If you have minor children, you absolutely still need a will to name a Guardian. If you don’t have minor children, it is still a good idea to have a will as a safety net, in case any property is accidentally forgotten or the beneficiaries named on your accounts predecease you. It also then names the person that will settle your estate (also known as the Personal Representative) if there are any disputes that arise.

What is probate?

Probate is the court-administered process for settling your estate after death. Most estates can be resolved with “nonintervention powers” in Washington, meaning that the courts stay hands off in the process. Probate isn’t fun, but I don’t find it’s worth doing much to avoid it in our state.

I’m married, so I don’t need to do probate after my spouse dies, right?

That depends…(I know, a very lawyerly thing to say). If you have a Community Property Agreement or have your house deeded as Joint Tenants with Right of Survivorship, you likely can avoid it. If not, probate may be needed to take your spouse off title to property.

Why should I hire a lawyer instead of creating a will online?

• Online wills aren’t built for a specific state or your family situation and goals. They try to cover 50 states worth of law and error on the side of adding various trusts and provisions into your will that can actually make the probate process more difficult and can cause your assets to not pass in the way you wanted.

• A lawyer that’s directly working with you will be able to dig deeper into answers you give to questions and delve into your goals to give you documents that are consistent with Washington law and customized to you!

• Additionally, you don’t know how many “wills” I’ve seen that people have gotten online and not executed properly so they aren’t actually effective.