FEBRUARY 2025
Recent Posts
Washington's estate tax exclusion is now $3M, but the top rate jumped to 35%. Seattle's Brothers Henderson Durkin breaks down what these 2025 changes mean for you.
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Lost a loved one? Seattle's Brothers Henderson Durkin shares what to look for in a Washington probate attorney — from experience to fees to avoiding probate fraud.
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Brothers Henderson Durkin, P.S. proudly announces the promotion of Katie Marrs and Amy Spitzer to partners, recognizing two outstanding attorneys whose leadership, judgment, and dedication to clients exemplify our values. Both Katie and Amy have become trusted leaders within the firm distinguishing themselves through exceptional client service, practice area knowledge, and leadership within the elder law, disability, guardianship, and healthcare communities. Their advancement strengthens our management team and reflects our long-standing commitment to compassionate, high-quality representation. “We are delighted to promote Katie and Amy to partners of the firm,” said named partners Joshua Brothers, Christopher Henderson, and Katrina Durkin in a joint statement. “Both are leaders in disability and elder law and have earned the trust and respect of clients and colleagues alike. As partners, they will continue delivering exceptional client service while taking on expanded leadership roles guiding the firm’s growth and mentoring the next generation of attorneys.”
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A guardian has a legal duty to make decisions that protect and support the person in their care, called the ward. This includes handling money, making medical choices, and keeping the ward safe. Courts choose guardians for people who cannot care for themselves because of age, illness, or disability. Guardians must be honest, careful, and put the ward’s needs first. Ways a guardian can break their duty A guardian breaks their duty when they fail to act in the ward’s best interest . This can happen if they misuse money, ignore the ward’s needs, or make choices that benefit themselves instead. Some common examples include spending the ward’s money on personal expenses, refusing needed medical care, or allowing unsafe living conditions. These actions can lead to serious legal trouble. Legal consequences of breaking fiduciary duty Guardians who do not follow their legal duties can face serious penalties. A court can remove them from their role, make them pay back stolen or misused money, or fine them. If the wrongdoing is severe, they may even face criminal charges like fraud, theft, or abuse. Family members, friends, or government agencies can take legal action to protect the ward. How courts handle guardians who break the rules Courts take violations of fiduciary duty very seriously. If someone reports a problem, a judge may investigate or require the guardian to show financial records. If the court finds wrongdoing, the guardian may be removed and replaced with someone more responsible. Courts may also take further legal steps to punish bad behavior and protect the ward. How guardians can avoid legal trouble Guardians can follow the rules by keeping good records, being honest about their actions, and asking for legal advice when needed. Talking to lawyers or financial professionals can help them make the right decisions. Family members and friends should also stay involved to make sure the guardian is acting responsibly. Being a guardian is a serious job that requires honesty and care. Guardians must act in the best interest of the ward and follow the law. By staying informed, seeking advice, and making ethical choices, guardians can ensure they fulfill their role properly and protect the people who depend on them.
