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Why Every 18-Year-Old Needs an Estate Plan

Tue, 10 Mar 2026 20:56:19 GMT

Turning 18 is a monumental milestone, a rite of passage filled with new freedoms and responsibilities. In Washington, 18 is the legal age of majority, meaning that at this age a person is considered an adult for nearly all legal purposes. Other states may define the age of majority differently, but in Washington the shift is immediate and significant: the moment the clock strikes midnight, your child is no longer a child in the eyes of the law. They are an adult with full autonomy over their legal, medical, and financial decisions.

While this is a proud moment for parents, it often comes with a startling realization. Many parents assume that because their child is still in high school, heading off to college, or living under their roof, they maintain the same legal "control" they had during the child's minority. This is a common misconception. Without the proper legal documents in place, a parent cannot access their adult child’s medical records, speak to doctors during an emergency, or manage their financial affairs, regardless of who is paying the tuition or the health insurance premiums.

The Power of Proactive Planning

Turning 18 is a major transition for every young adult, but proactive planning becomes especially important for those with physical disabilities who have full mental capacity. These young adults are fully capable of making their own decisions, yet may continue to rely on their parents for logistical support or assistance navigating complex medical, educational, or financial systems. Without a plan, parents may find themselves locked out of the very processes they’ve been managing for nearly two decades, simply because their child is now legally an adult.

The good news is that preparing for this transition is far less complicated than it may seem. At a minimum, every new adult should have two essential documents:

Financial Durable Power of Attorney: This allows the young adult to designate a trusted person, often a parent, to handle financial matters or sign legal documents on their behalf if they are unable to do so.
Healthcare Power of Attorney (and HIPAA Authorization): This ensures that if a medical emergency occurs, doctors can speak to a designated person, again often a parent, and that person can make healthcare decisions for the young adult if the young adult is unable to do so.

Avoiding the Guardianship/Conservatorship Trap

When people talk about the “legal rights” of 18 yearolds, the conversation often jumps straight to guardianship or conservatorship. These courtsupervised arrangements are designed for individuals who lack the capacity to manage their own financial and/or medical affairs. They can be essential in the right circumstances, but for a young adult with full decisionmaking capacity, guardianship or conservatorship is not only unnecessary, it can be overly restrictive, expensive, and burdensome.

For most young adults, including those with physical disabilities who may still rely on parents for certain types of support, there is a far better option than a guardianship or conservatorship. By putting a Durable Financial and Medical Power of Attorney in place, the young adult keeps full control over their rights and independence while choosing who can step in to help if needed. This approach avoids the loss of autonomy that comes with court-supervised arrangements and provides a flexible, costeffective safety net.

At Brothers Henderson Durkin in Seattle, our estate planning attorneys understand the power of proactive planning. Contact us today to learn more about Powers of Attorney, and all of our estate planning services.

Major Changes to Washington Estate Law Are In Effect: What Residents Need to Know

Tue, 10 Mar 2026 20:56:17 GMT

At Brothers Henderson Durkin, we are committed to keeping our community informed about the legal shifts that impact their families and legacies. Recently, Washington state has seen two major developments that impact estate planning and probate law: a landmark fraud case that serves as a warning to everyone regarding the importance of having a Will; and legislative updates that change how estates are taxed, which started July 1, 2025.

Here is how these updates affect you.

1. The Warning: Protecting Against "Probates for Profit"

A high-profile case in King County, Washington v. Elliott, Sunde, et al., recently concluded with a judge ordering over $7 million in penalties against a group that operated a "probates for profit" scheme, to gain control of deceased strangers’ estates and divert money away from their rightful heirs.

Between 2019 and 2024, these individuals identified 200 deceased strangers, who had no Wills—and maneuvered to be appointed as administrators (executors) of the estates of those strangers. They then sold at least 90 estate homes collectively worth more than $28 million, collecting large and unjustified commissions and fees for themselves, sometimes moving money between various trust accounts to cover their tracks. They also took or sold multiple personal items from the estates, including a Jaguar sedan, a Mazda Miata, a Rolex, jewelry, firearms, furs, and furniture. Rightful heirs were often unaware of these probate cases and the associated profits the defendants were deriving from them.

This case highlights the danger of "intestacy" (dying without a Will). When there is no clear plan or designated executor, the door is left open for third-party strangers to petition the court for control of your assets.

2. Legislative Reform: The Estate Tax

A Higher Estate Tax Exclusion (The Good News)

Beginning July 1, 2025, the individual estate tax exclusion amount—the amount you can pass on before the state begins to tax your estate—rose from $2.193 million to $3 million.

Automatic Inflation: Starting in 2026, this $3 million floor will be adjusted annually for inflation.

The Nation’s Highest Estate Tax Rate (The Caution)

While the exclusion is rising, so is the tax rate for larger estates. The top estate tax rate is jumping from 20% to 35%—currently the highest in the United States. This rate applies to the portion of a taxable estate valued over $9 million above the exclusion amount.

3. "No Portability"

Perhaps the most important thing for married couples to remember is that Washington still does not allow "portability." In federal law, if one spouse dies and doesn't use their full tax exemption, the surviving spouse can use that unused portion when they pass. Washington state does not allow this. If you do not use your $3 million exemption at the time of the first spouse's death, it is lost forever.

For many married couples, a Credit Shelter Trust (often called a Bypass Trust) remains the gold standard. This allows you to "capture" the first spouse's $3 million exclusion, effectively allowing a couple to pass down $6 million tax-free instead of just $3 million.

Is Your Plan Ready?

These changes represent both an opportunity to shelter more of your assets, and a risk of higher taxes if your estate is large. If you are a Washington resident and curious how these new estate laws will impact your family’s financial future, contact our Seattle-based estate planning attorneys at Brothers Henderson Durkin today.

Brothers Henderson Durkin Welcomes Katie Marrs and Amy Spitzer as Partners

Tue, 10 Feb 2026 22:09:50 GMT

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.”

Katie L. Marrs

Katie Marrs’ practice focuses on the complex legal needs of individuals with disabilities and those requiring long-term care, as well as their families. She provides effective and practical planning tailored to each client's unique situation. Katie’s comprehensive legal services in the areas of elder and disability law include benefits advocacy, long-term care planning, guardianship/conservatorship, estate planning, and estate & trust administration. She started her practice at Northwest Elder Law Group PLLC in 2017 and then joined Brothers Henderson Durkin as an associate in 2021. Katie is currently serving on the Board of Directors for the Washington Academy of Elder Law Attorneys. She has been named a “Rising Star” by Washington Law & Politics since 2022.

Katie received her J.D. from University of Washington School of Law in 2017 and her B.A. from University of Washington in 2014, double majoring in English and Law, Societies & Justice.

“Since joining Brothers Henderson Durkin in 2021, I have found a professional home that shares my dedication to serving the elder and disability communities,” said Katie. “Becoming a partner is a proud milestone that allows me to further my commitment to providing compassionate and quality representation to my clients, while strengthening the firm's impact within our community. I am honored to continue my practice alongside colleagues who are so sincerely dedicated to integrity and service.”

Amy Spitzer’s practice focuses on the representation of professional guardians and other fiduciaries. She also assists healthcare facilities in navigating complex patient issues, including petitioning for guardianship and conservatorship for patients in need. With over ten years of experience in guardianship and healthcare law, Amy has overseen various matters as an adept and passionate advocate for fiduciaries and healthcare entities. She is a past Chair of the King County Bar Association Guardianship and Elder Law Section and has since served continuously on the Executive Committee. Amy has been named a Super Lawyers “Rising Star” in Elder Law by her peers every year since 2021.

Amy earned her J.D., cum laude, from Seattle University School of Law in 2014, where she was a member of Seattle University Law Review. She received her B.A. from University of Washington in 2008, double majoring in Law, Societies & Justice and Women’s Studies.

“I’m honored to join the partnership and continue advocating for professional guardians, fiduciaries, and healthcare providers navigating some of the most complex and sensitive issues in our legal system,” said Amy. “In my new role, I look forward to expanding Brothers Henderson Durkin’s commitment to serving vulnerable individuals navigating guardianship and healthcare law.”

Amy N. Spitzer

Brothers Henderson Durkin, P.S. provides compassionate, high-quality counseling for individuals, families, and professionals in all aspects of planning, fiduciary management, and conflict resolution relating to aging, disability, death, and the passing of wealth between generations. The firm’s client relationships often span generations to provide consistency for clients, their families, and their loved ones.

Top 5 Things To Pay Attention To In An IEP

Tue, 04 Mar 2025 23:44:54 GMT

An Individualized Education Program (IEP) is a detailed document that outlines the educational plan for a student eligible for special education, specifying the special education and related services tailored to meet their unique needs.

When parent(s)/legal guardian(s) attend an initial IEP meeting, they are (or should be) given a draft of a large document filled with information that may be new and somewhat intimidating to them. Subsequent IEPs are similarly packed with information. Given the extensive material that fills an IEP, it may be hard to know what to pay particular attention to in it.

Here are my top five things to focus on in an IEP:

1. There should be two different signature pages on initial IEPs:

a. Parents sign to document their attendance at IEP meeting.

b. Parents sign a second page at the end of the meeting to agree to the IEP and the services to be provided under it. Note regarding the 2 ^nd signature page:

Parents should not sign the second page until they have had all questions answered and they are in agreement with the services to be provided.
If parents disagree with the IEP, they should discuss it with the IEP Team and ask for changes to be made.
Special Ed. services typically will not begin until parents have signed this page.
This second signature page is typically not required beyond the initial IEP.
At IEP meetings with only one signature page, parents should clearly state the intent of their signature, e.g. “I am signing just to indicate that I am in attendance at the meeting, right? Not that I necessarily agree with the contents yet?”

2. Present Levels/Goals/Objectives – this is documentation of what the student can do now, what the team wants the student to be able to do over the course of a year, and how the SPED staff plan to help the student make progress toward that goal.

Present Levels of Functioning (or Performance) – In reviewing these, parents should ask themselves:
Does this appear accurate?
Does it include the child’s strengths as well as challenges?
Is there anything they’d like added?
Are there other details about the students present functioning/performance that would help the IEP team to decide on appropriate goals or services?

Parents are part of the IEP team, so don’t be afraid to ask that information be added or altered.

Goals & Objectives -- All goals and objectives need to be SMART (Specific, Measurable, Achievable, Relevant, and Time-bound). Look at what is being worked on with the student and how it’s being worked on.

SPECIFIC. What exact skill is being worked on in the goal? What exact requirements must the student demonstrate to meet the goal?

MEASURABLE .
What method(s) will be used to track the student’s progress?
How will teachers and parents know when the goal is met?
Make sure the methods of measurement are specific and clear and that progress is noted by some form of documentation (e.g. “as measured by teacher observation” is vague and it’s not clear if/how the teacher will keep track of the observations or if there is any structure to the observations and data collection).
If the staff is not collecting data, ask how they can tell if the student is progressing toward the goals? (The answer is, they really can’t do so in a valid and reliable way that has meaning.)
Ask to see the data being collected . Parents should be able to see the data collected upon request (make sure to ask for it during/throughout the school year, as schools often throw data sheets out at the end of the school year).

ACHIEVABLE. Is the goal realistic for the student to reach within a year’s time? Does it seem too difficult or too easy?

RELEVANT. Is the goal something that will really help the student? Is it useful to the student to learn the skill the goal addresses?

TIME-BOUND. Does the goal contain a start date and end date?

OTHER THINGS TO WATCH FOR:

Are the goals the same (or very similar) year after year with little or no change? There should be no need to repeat the same goal over and over if it’s not working for the student (i.e. progress isn’t being made). This is a sign that the goal is not working and should be revised or scrapped for a completely new one.
Do the goals address all areas of the student’s needs as identified in the evaluation report? The areas of recommended specially designed instruction – SDI -- (i.e. the goals) should be stated in the evaluation report. The IEP drafter(s) then take those recommendations and create goals from them based on the student’s specific and unique needs.
If parents think a goal needs to be changed or tweaked a bit, tell the IEP Team at the meeting (or beforehand if they get an early draft of the IEP).

3. Accommodations – these are changes to the student’s learning environment that help them access the curriculum.

Think of the student’s needs in completing schoolwork/tasks at home, getting through the school day, approaching challenging tasks, maintaining focus, calming down when stressed, etc. Are there any accommodations the student needs (or would benefit from) that are missing? Ask to have them added.
Take note of whether each accommodation is for the classroom, testing settings, or other times/aspects of the school day. If parents think anything is missing, they should discuss it with the IEP Team and ask that it be added.
Do the accommodations seem reasonable and make sense?
Do you understand from the written document when and specifically how the accommodations will be provided?

4. Service matrix pages (including placement, ESY, transportation, ERP and PE).

Services: This information is usually presented in a grid format in the latter part of the IEP, and it documents the various services, number of minutes the services are provided, and by whom.
Note areas of SDI being provided, by whom, in what setting (General Ed. or Special Ed.), and for how many minutes in the school day/times per week.
Is SPED teacher, a paraeducator/aide, or someone else providing the minutes?
Any Related Services provided? In what areas and how many minutes/times per week? If they are held on a day the student often experiences particular difficulty (such as more difficulty focusing or having meltdowns, etc.) at the start of the week or the end of the week, ask if it’s possible to change to a different day.
Are any Supplementary Aids and Services being provided? What are they, when, where and by whom? If the student has a 1:1 paraeducator/aide, that service will typically be listed in this area of the service matrix chart.
Placement: Students need to be placed in the Least Restrictive Environment for their learning (i.e. we don’t want to overload them with services and supports they don’t really need, but we also want to provide those services in the general setting if reasonable and we do not want to underserve students).
Time: Check the percentage of time the student will spend in General Ed. vs. Special Ed. classes. Does it seem like too much, too little, or just right?
Transportation, ESY, PE and ERP: Notice whether the boxes providing for special transportation, extended school year (ESY), special PE, and/or an Emergency Response Protocol (ERP) for the student were checked.
Are any checks missing that should be there? Are any present that shouldn’t be, or that you have questions about? Talk to the IEP team about it, ask questions, and make sure you understand why any of these boxes are/are not checked.
If ERP is checked, ask for a copy of it. If school doesn’t have it in writing, it should be put in writing and parents should have a copy.

1. Related Services are supportive services provided to a student to help the student to benefit from special education services. WAC 392-172A-01155(1) formally defines them as: Transportation and such developmental, corrective, and other supportive services as are required to assist a student eligible for special education services to benefit from special education services, and includes speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in students, counseling services, including rehabilitation counseling, orientation and mobility services, behavioral services, and medical services for diagnostic or evaluation purposes. Related services also include school health services and school nurse services, social work services in schools, and parent counseling and training.

2. Supplementary Aids and Services are supports that help students with disabilities be educated with non-disabled students. WAC 3920172A-01185 formally defines them as: “…aids, services, and other supports that are provided in education-related settings to enable students eligible for special education services to be educated with nondisabled students to the maximum extent appropriate in accordance with the least restrictive environment…”

5. Prior Written Notice. This is easy to miss because it’s located at the end of the IEP, but this is an important page that should state what was discussed at the IEP meeting and what the team determined.

Pay special attention to what is written here, as it is the page documenting what the school proposes to do to help the student.
It should also document any salient issues that were discussed at the meeting and what the team decided (e.g. Parents asked for writing support, but test results show student performs well in classroom and does not qualify for SDI in written expression; teacher will monitor progress and the team will meet to reconsider writing evaluation if classroom challenges are seen).
If something of particular importance to parents was discussed at the IEP meeting but not documented on the PWN, ask that it be written in. If parents asked for a service or support that was granted or denied by the school, that should be documented as well.

FINAL THOUGHTS ON THE IEP…

Do not be hesitant to ask about anything in (or missing from) the IEP!!! Parents are their child’s #1 advocate and they have a right to get answers to their questions and to actively participate in preparing an IEP. Much of the time, the school staff will be happy to answer questions and have the respectful participation of thoughtful parents. However, if they don’t, it’s important for parents to know that they have rights and it never hurts to keep asking questions until they’re satisfied.
If you don’t agree with something in any IEP:
Talk to the team and ask for change.
Make sure it’s addressed in the PWN.
Parents can write own comments and ask that they be included with the IEP record.
Put things in writing and keep copies of all written communications.

LAWYERS AND ADVOCATES ARE HERE TO HELP WHEN NEEDED, BUT YOU AND YOUR STUDENT ARE ALMOST ALWAYS BEST SERVED IN THE SHORT AND LONGTERM BY WORKING WITH THE IEP TEAM AS A CRITICAL MEMBER OF THE TEAM . TRY TO BE RESPECTFUL, POSITIVE AND PRODUCTIVE IN YOUR ADVOCACY FOR YOUR STUDENT; AVOID BLAMING AND “OTHERING.” FOCUS ON THE TEAM’S COLLECTIVE GOAL TO SERVE YOUR STUDENT WITH AN APPROPRIATE EDUCATION.

What happens if a guardian breaches their fiduciary duties?

Wed, 05 Feb 2025 21:19:02 GMT

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.

Discipline protection for Washington students with disabilities

Wed, 22 Jan 2025 21:12:36 GMT

Students with disabilities in Washington state have legal protections when facing disciplinary action. These protections ensure fair treatment and prevent discrimination.

Schools must follow federal and state laws to safeguard the educational rights of students with disabilities. If your child with special needs is facing suspension or expulsion, it is important to know how you can advocate for their rights.

How IDEA protects students with disabilities

The Individuals with Disabilities Education Act (IDEA) outlines specific procedures schools must follow. When a student with a disability faces a suspension or expulsion that lasts more than ten school days, schools must conduct a manifestation determination review (MDR). This review examines the relationship between the student’s disability and the behavior in question.

During the MDR process, a team reviews the student’s Individualized Education Program (IEP). This team includes parents, educators and other professionals. They will work to answer two important questions:

Was the behavior caused by, or directly related to, the student’s disability?

Did the school’s failure to implement the IEP contribute to the behavior?

If the team determines that the behavior resulted from the student’s disability or a failure to follow the IEP, the school cannot proceed with the suspension or expulsion. Instead, the school must develop or modify the student’s behavior intervention plan and work to prevent future incidents.

When disciplinary action is admissible

If the behavior was not related to the disability, the school may apply the same disciplinary actions used for other students. However, the school must still provide educational services to the student during the suspension or expulsion period. These services allow the student to continue progressing in the general education curriculum and working on IEP goals.

Families play a valuable role in advocating for their child’s rights during the disciplinary process. They can request an independent evaluation or additional meetings if they disagree with the MDR’s findings. These protections ensure equal opportunity in special education , even when facing disciplinary challenges.

5 common mistakes to avoid when setting up a special needs trust

Fri, 10 Jan 2025 21:06:58 GMT

Setting up a special needs trust is a critical step in securing the financial future of a loved one with disabilities. Avoiding these common mistakes ensures that a special needs trust provides long-term support without jeopardizing government benefits. Careful planning and professional guidance help families secure their loved one’s financial future.

1. Failing to choose the right type of trust

Many people make the mistake of choosing the wrong type of trust. Special needs trusts come in two main types: first-party and third-party trusts. The beneficiary’s assets fund a first-party trust, while parents or relatives fund a third-party trust. Selecting the wrong type directly impacts eligibility for government benefits.

2. Naming an unsuitable trustee

Selecting the wrong trustee can lead to mismanagement of trust assets. The trustee should have financial knowledge, understand government benefit rules, and act in the best interests of the beneficiary. Many families benefit from using a professional trustee or co-trustees to ensure proper administration.

3. Failing to fund the trust properly

Setting up a trust but not funding it is a costly mistake. Ensure that assets intended for the beneficiary, such as life insurance or inheritance, are directed to the trust. Avoid giving assets directly to the beneficiary, as this could disqualify them from receiving government benefits.

4. Ignoring the impact of government benefits

A special needs trust must be structured to maintain the beneficiary’s eligibility for programs like Supplemental Security Income (SSI) and Medicaid. Mismanaging the trust or failing to follow the rules can result in a loss of these critical benefits. Working with a knowledgeable attorney can help avoid these issues.

5. Neglecting regular updates

Family and financial situations and the law change over time. Failing to update the trust to reflect these changes can create problems for the beneficiary. Regularly review the trust to ensure it meets current needs and complies with evolving laws.

What kinds of probate disputes arise in blended families?

Fri, 13 Dec 2024 19:27:01 GMT

Blended families often face unique challenges when it comes to probate matters. These challenges can lead to disputes that may require legal intervention.

Understanding the common types of probate disputes that arise in blended families can help you with your estate planning.

Disputes over inheritance rights

In blended families, conflicts frequently occur regarding who has the right to inherit . Children from a prior marriage may contest a will if they believe a stepparent unfairly excluded them.

Washington’s intestacy laws, which govern inheritance when no will exists, may also lead to disagreements, as they prioritize biological and legally adopted children over stepchildren unless stated otherwise in estate planning documents.

Will contests

Challenges to the validity of a will are common in probate cases involving blended families. Disputes may arise over claims of undue influence, especially if one spouse in a blended family had significant control over the other’s decisions. Questions about the deceased’s mental capacity or allegations of forgery can also spark will contests.

Conflicts over non-probate assets

Non-probate assets, such as jointly owned property, payable-on-death accounts, or life insurance policies, can create disputes if beneficiaries are not clearly designated or if multiple family members believe they are entitled. Washington law allows these assets to bypass probate, but this can lead to confusion and contention among family members.

Disagreements about executor decisions

Executors in blended family situations often face scrutiny over their decisions. Family members may accuse the executor of favoritism, mismanagement, or breaching fiduciary duties. These disputes can delay probate proceedings and increase costs for everyone involved. Seeking guidance from an experienced probate attorney familiar with Washington state law can help protect your interests and facilitate a resolution.

Resolving disputes effectively

Probate disputes in blended families can become emotionally charged and legally complex. However, working to address those issues as you plan your estate can help reduce these issues.

Can you get guardianship/conservatorship over your adult sibling?

Mon, 25 Nov 2024 19:16:59 GMT

Acquiring legal guardianship/conservatorship over your adult sibling is often the best way to ensure their health, safety and happiness. However, it typically involves a lengthy legal process as well as several key factors you need to consider.

Becoming a guardian/conservator is a big decision, but the journey will be easier when you know what to expect. Here are some of the most important things you need to know.

The requirements for guardians/conservators and wards

First, you have to determine if your sibling truly needs a guardian/conservator. People are presumed to have capacity to make their own decisions. Generally, a “ward” or someone under guardianship/conservatorship cannot make certain decisions for themselves and therefore needs another person to make those decisions for them.

Usually, people needing guardianship/conservatorship are those with:

Mental or intellectual disabilities
Severe mental illness
Serious injury or illness
Age-related diseases

On the other hand, you must be 21 years old to qualify as a legal guardian/conservator under Washington law. Additionally, you must not have any criminal convictions involving abuse, dishonesty or neglect.

The process of acquiring guardianship/conservatorship

You will need to file a petition in court, outlining the reasons for seeking guardianship/conservatorship and why you are a suitable candidate. Consider consulting an attorney who specializes in guardianship/conservatorshipe law. An attorney can help you navigate the guardianship process and collect requirements specific to your area.

They can also help you with potential roadblocks that may arise, such as a living yet unsuitable parent disputing your petition.

The duties of a legal guardian/conservator

Once you have guardianship and/or conservatorship over your sibling, your overall duty is to care for them and make decisions that align with their best interests , while taking into consideration their express or historical wishes or preferences. You might be responsible for a number of things, such as taking care of their daily needs, making medical decisions and overseeing their finances, among many others.

With all this information at hand, you now have a better understanding of what you need to do care for your sibling. Ultimately, becoming a guardian/conservator is a serious commitment, but it can provide invaluable support and protection for your loved one.

What should you look for in a trustee for a special needs trust?

Mon, 11 Nov 2024 19:02:25 GMT

Choosing the right trustee for a special needs trust is crucial for ensuring a loved one receives the care and financial support they need. The trustee’s role involves managing the funds and making decisions in the beneficiary’s best interest. To ensure success, it’s essential to understand the qualities and considerations involved in selecting a good trustee.

Look for experience and understanding

A trustee should have experience with managing finances, investments, and record-keeping. Knowledge of the specific needs of individuals with disabilities is also important. An ideal trustee understands government benefit programs, like Supplemental Security Income (SSI) and Medicaid, and how to manage the trust so that eligibility remains intact. If family members lack these skills, consider professional trustees, such as small trust companies or banks.

Consider reliability and trustworthiness

Reliability and trustworthiness are essential traits for a trustee. The trustee must act in the beneficiary’s best interest and make ethical choices regarding the trust’s funds. Choosing a responsible individual or company who can be depended upon to follow through on duties is critical. This person will handle sensitive decisions that impact the quality of life for the beneficiary.

Balance family ties with objectivity

Family members are often selected as trustees because of their close relationship with the beneficiary. This personal connection can help the trustee make informed decisions about care. However, it is also important that the trustee remains objective and makes decisions without emotional bias. Sometimes appointing a family member in a more limited role than trustee helps achieve the right balance between familiarity and expertise.

Understand the benefits of a professional trustee

Professional trustees, such as trust companies or banks, offer expertise and reliability. They understand regulations and manage trust assets according to legal requirements. While professional trustees charge fees, they provide consistency and avoid the emotional challenges that family members might face. Families should weigh these benefits against the costs when considering a professional trustee.

Choosing the right trustee can feel overwhelming, but focusing on the needs of the beneficiary and seeking the right balance of expertise and empathy will help ensure the right outcome.

How do private schools work for students with special needs?

Tue, 22 Oct 2024 10:44:21 GMT

Private school placements can be an important option for students with special needs when public schools cannot meet their educational needs. In Washington state, the Individuals with Disabilities Education Act (IDEA) allows for private placements under certain conditions.

Understanding how private school placements work can help families make informed decisions.

When is private placement an option?

Private school placement is an option when a public school cannot provide an appropriate education for a student with special needs . The IEP team plays a major role in deciding whether a private school placement is appropriate. The team includes educators, specialists, and the student’s parents.

If a student’s I ndividualized Education Program (IEP) team determines that the public school cannot meet their specific needs, the school district may place the student in a private school at no cost to the family. This decision must be based on the student’s individual needs and the services required to support their learning. This placement is often made to ensure the student receives the services and support necessary for their education.

Funding for private school placements

In Washington state, if the school district recommends a private placement, they must cover the cost. However, if parents decide to enroll their child in a private school without the district’s approval, they may not be eligible for reimbursement. In these cases, parents must prove that the public school failed to provide an appropriate education or was unable to provide one. This can be challenging, has specific requirements for notice to the school district and other procedures, and may require legal action.

Finding the right placement

Private school placements can offer specialized support for students with special needs, but they require careful consideration. Families should work closely with the school district to explore all options and ensure that their child receives the best possible education to meet their unique needs.

What assets are subject to probate?

Wed, 09 Oct 2024 10:41:45 GMT

When a person passes away, their estate may need to go through probate, the legal process of distributing assets. However, not all assets are subject to probate. Understanding what assets must go through this process can help families manage the estate efficiently.

Probate assets

Any asset without a designated beneficiary or joint ownership is typically categorized as a probate asset . Probate assets are those owned by the deceased and can include bank accounts, real estate, and personal property such as vehicles or jewelry. If the deceased did not have a will, the court uses Washington’s intestacy laws to determine how to distribute these assets. Probate laws require the executor to gather and list all probate assets before they can distribute them to the beneficiaries.

Non-probate assets

Non-probate assets avoid the probate process. These include assets where a beneficiary is designated, such as retirement accounts, life insurance policies, annuities, and payable-on-death bank accounts. Jointly owned property with rights of survivorship, such as a house or car, also skips probate and transfers directly to the surviving owner.

The role of trusts

Trusts play a significant role in keeping assets out of probate. When someone places assets in a living trust during their lifetime, these assets do not go through probate. Instead, the trustee manages and distributes them according to the terms of the trust when the person passes away. A trust can be a useful tool to avoid probate in certain circumstances. However, while probate is avoided, tasks are still required to administer the trust.

Navigating probate

Effectively managing an estate requires attention to detail and understanding the legal processes involved. Keeping clear records and staying organized can help ensure a smooth transition of assets. Proper estate planning and administration can provide peace of mind for families during a difficult time.

Who is responsible for a person with dementia in Washington?

Tue, 24 Sep 2024 10:39:06 GMT

When a person develops dementia, their ability to make decisions and care for themselves declines over time. Determining who takes on this role depends on the individual’s situation and the legal steps already taken before the person’s condition worsens.

Guardianship for a person with dementia

Guardianship often becomes necessary when a person with dementia can no longer make sound decisions. A family member, friend, or professional may petition the court for guardianship. This gives the appointed person control over the individual’s finances, healthcare, and personal well-being. Guardians must act in the best interest of the person with dementia and follow state laws when managing their affairs.

Role of a power of attorney

If the person with dementia signed a durable power of attorney before their condition worsened, this document grants someone else the authority to handle financial and healthcare decisions. Unlike guardianship, the court does not supervise the actions of the person with power of attorney, so they must act with honesty and integrity.

Family involvement in care

Family members often take responsibility for a loved one with dementia. In many cases, a spouse, adult child, or other relative takes over caregiving duties or oversees decisions. This includes managing medications, medical appointments, and finances. Families often share the burden, but they may still require legal authority, such as guardianship or power of attorney, to handle more complex issues.

Navigating future care decisions

Caring for a loved one with dementia requires thoughtful preparation and proactive decision-making. By understanding the options and responsibilities, families can create a supportive environment that meets their loved one’s needs as the condition progresses.

3 Reasons Why its Time to Get a Power of Attorney

Tue, 13 Aug 2024 10:11:02 GMT

Creating a will is an important step in planning for the future. A will ensures the distribution of a person’s assets according to their wishes.

However, a power of attorney can provide additional protection and clarity. There are three signs that can indicate that it is time to get a power of attorney in place.

1. Health issues are becoming more frequent

Chronic illnesses, sudden accidents, or other medical conditions can impair someone’s ability to make decisions. When health issues arise frequently, a trusted individual can help manage personal and financial matters. A power of attorney grants a designated person the authority to make decisions on behalf of the individual if they become unable to do so themselves.

2. There are complex financial affairs

Managing finances can become complicated over time. This is especially the case when dealing with investments, property or business interests. A power of attorney allows a designated person to handle financial transactions, pay bills and manage investments. This prevents any disruption in financial management and protects assets from potential mismanagement.

3. Family dynamics are challenging

Family relationships can sometimes be difficult to navigate, especially during stressful times. If there are challenging family dynamics, having a power of attorney can help prevent disputes. It provides clear legal authority for one person to act on behalf of another. This can help avoid conflicts among family members about who should make decisions or how to manage affairs.

Adding a power of attorney is a practical step, particularly when it comes to end-of-life planning . It ensures that personal and financial matters proceed according to your wishes. Being mindful of these signs can help you better prepare for the future and provide peace of mind for yourself and your loved ones.

Related services: Supporting your child beyond the IEP

Tue, 30 Jul 2024 10:08:26 GMT

As a parent or legal guardian of a child with special needs, you are likely no stranger to the Individualized Education Program (IEP) process. While the IEP is a vital tool in ensuring your child receives a tailored education, it is not the only path to accessing support. There is a whole world of related services that can further support your child’s learning and development.

What are related services?

Related services are developmental, corrective and other supportive services that can help a child with a disability to benefit from special education. These services can include:

Therapy services: Such as speech-language therapy, occupational therapy, physical therapy and counseling services
Transportation: Specialized transportation or accommodations to access transportation
Assistive technology: Provision of devices or equipment that help a student participate in school

These services often go b eyond traditional academic support . Related services can also be provided in alternative settings, such as at home or in the community.

How are related services determined?

Related services are determined by the IEP team, which includes parents, teachers and other education professionals. During the IEP meeting, the team will discuss your child’s strengths, needs and goals, and determine which related services are necessary to support their education. As a parent, you play a critical role in this process and should advocate for the services you believe your child needs.

Why are related services important?

Related services can have profound impact on your child’s ability to access and participate in their education. For instance, a student with a physical disability may require physical therapy to develop the necessary strength and mobility to participate in classroom activities. Similarly, a student with a speech-language impairment may need speech therapy to effectively communicate with their peers.

Facing roadblocks?

While schools are responsible for providing related services, you can still encounter obstacles when requesting access to these services. If your child is facing barriers to accessing necessary related services, know that you are not alone. You can consult with an experienced special education lawyer who can provide guidance and support in advocating for your child’s needs.

Remember, you are your child’s strongest ally, and accessing the right support can make all the difference in their educational journey.

Handling debts and creditors’ claims in probate

Thu, 18 Jul 2024 10:05:53 GMT

When a person passes away, their estate must go through a process called probate. During this time, the court addresses creditors’ debts and claims. This ensures that they settle the deceased’s financial obligations before distributing any remaining assets to beneficiaries.

Identifying the deceased’s debts

The first step in handling debts during probate is identifying what the deceased owed. It involves gathering all bills, statements, and financial records. You may also need to contact banks, credit card companies, and other financial institutions to find all outstanding debts.

Notifying creditors and reviewing claims

Once you identify the debts, you must notify the creditors. In Washington, creditors are typically given four months to submit their claims against the estate after you notify them. You can put the notification in a public notice in a local newspaper, ensuring that you inform all potential creditors.

After receiving the claims, the personal representative or executor will review them to determine their validity. This step is crucial because it’s possible to get invalid claims. You must carefully examine each claim to ensure it is legitimate and accurate.

Prioritizing and paying valid debts

Not all debts are equal. In Washington, certain debts have priority, such as funeral expenses, administrative costs, and taxes. You must pay these debts first before other claims.

The estate’s assets will go to paying off any legitimate debt. It can include outstanding bills, credit card balances, and any other owed amounts. In some cases, selling estate assets might be necessary to cover these debts. The personal representative is responsible for making these payments, ensuring they settle any valid debt.

Navigating the final steps

Probate can be a complex process, especially when dealing with debts and creditors’ claims. It’s essential to follow the legal steps carefully to ensure you meet all obligations.

Different types of guardianship explained

Wed, 03 Jul 2024 08:20:47 GMT

Guardianship involves a person or entity legally responsible for caring for someone unable to care for themselves due to age, disability, or other reasons. When you start planning for the future, it is crucial to consider who will look after your loved ones in your absence.

This is why it is important to understand the different types of guardianship.

Full guardianship

Full guardianship grants a guardian complete control over personal and financial decisions for the ward (the person under guardianship). It is often used when the ward cannot make safe or sound decisions due to their condition. The guardian takes responsibility for everything from healthcare to managing finances.

Limited guardianship

Unlike full guardianship, limited guardianship restricts a guardian’s power to certain areas of the ward’s life. For example, if the ward can handle some daily activities but struggles with complex financial decisions, limited guardianship might be appropriate. This arrangement helps maintain the ward’s independence while providing necessary support.

Temporary guardianship

Sometimes, emergency situations need temporary guardianship. This type is short-term and arises when the ward requires immediate decisions. The temporary guardianship usually ends once the emergency is over and those involved consider long-term solutions.

Guardianship of the estate

This type focuses on managing the ward’s finances. The guardian oversees all financial aspects, including assets, investments, and day-to-day transactions. This is often set up when the ward can make personal decisions but needs help with complex financial matters.

Guardianship of the person

This type involves overseeing the ward’s well-being and daily needs, such as healthcare, nutrition, and living arrangements. It is suitable when the ward can manage their finances but needs help with personal care.

Understanding the different types of guardianship helps ensure your loved ones receive the right care and support. By choosing the most appropriate guardianship, you can provide for their needs and secure their future well-being.

Managing digital assets: Challenges fiduciaries face

Mon, 17 Jun 2024 08:09:42 GMT

Managing digital assets can be complex for fiduciaries. It is especially hard given the variety of asset types and the evolving legal landscape. Digital assets include cryptocurrencies, digital accounts, and intellectual property, each posing unique challenges.

Cryptocurrencies

Cryptocurrencies like Bitcoin and Ethereum are hard to manage. They are decentralized and use b lockchain technology . This makes them tough to trace and access without proper keys. Their value can change quickly, which adds more complexity. Securing them requires knowledge of digital wallets, which people can lose. People can also hack these wallets. The legal status of cryptocurrencies also varies, making it even more complicated.

Digital accounts

Digital accounts include social media, email, and cloud storage services. These accounts often have personal and sensitive information. Fiduciaries may have trouble accessing these accounts due to privacy policies. Managing data according to the owner’s wishes while following privacy laws is challenging. These policies and terms of service agreements determine if fiduciaries can transfer accounts.

Intellectual property

Intellectual property includes copyrights, patents, and trademarks. These assets need special knowledge to manage well:

Valuation: Determining the value of intellectual property can be tough due to its intangible nature.
Licensing and royalties: Managing ongoing licensing agreements and royalties needs constant attention.
Legal protection: Protecting intellectual property rights involves complex legal processes.

Navigating the digital asset landscape

Digital assets are only growing in popularity. As such, fiduciaries managing digital assets face a tough landscape. The complications of handling these modern forms of wealth often require outside guidance. To handle these assets appropriately, fiduciaries might need support from legal professionals. It’s crucial for fiduciaries to feel prepared to preserve these assets for years to come.

Risks of inheritances for adult children with special needs

Wed, 29 May 2024 07:59:50 GMT

Parents usually want to provide for their children, including those with special needs. However, leaving a large inheritance directly to an adult child with special needs can cause major problems.

This approach might seem like the best way to ensure financial security. However, it can lead to unintended consequences. These outcomes can undermine the child’s long-term well-being and financial stability.

Impact on government benefits

Many individuals with special needs use government programs such as Supplemental Security Income and Medicaid. These programs have strict income and asset limits.

If an adult child receives a large inheritance directly, they might become ineligible for these benefits. Losing access can be a major blow. These programs often provide medical care, housing assistance and other vital services. Regaining eligibility can be a complex and lengthy process, leaving the individual without necessary support in the interim.

Financial management challenges

Managing a large sum of money can be overwhelming for anyone, but it poses unique challenges for individuals with special needs. Some may lack the financial literacy or the capacity to handle substantial funds responsibly. This can lead to mismanagement or exploitation by others, resulting in the rapid depletion of the inheritance.

Emotional and social consequences

A large inheritance might create an imbalance in relationships, both within the family and with others. Siblings or other relatives might feel resentment or jealousy. Additionally, having a significant amount of money without the skills to manage it can cause stress and anxiety for the individual with special needs, potentially exacerbating their condition.

Long-term concerns and solutions

Long-term financial security for an adult child with special needs requires careful planning. Parents should consider financial strategies that provide consistent support throughout the child’s life.

Estate planning approaches such as special needs trusts, guardianships or conservatorships, A BLE (Achieving a Better Life Expe rience) accounts , structured financial gifts and life insurance policies are some possibilities.

Parents can explore these alternative methods to the various challenges of providing support. Proactive planning goes a long way.

4 ways parents can advocate for IEPs with transition planning

Tue, 14 May 2024 07:54:25 GMT

Parents want their children to have the support they need to transition from school to adulthood. In Washington state, IEPs can play a major role in this process.

For example, a well-crafted transition plan outlined in an IEP may address areas such as education, employment, independent living skills and community engagement.

1. Collaborate with the IEP team

As a parent, you are an essential member of your child’s IEP team. Collaborate with your child, educators, counselors and other professionals to ensure that the transition plan reflects your child’s unique strengths, needs and goals. Actively participate in IEP meetings. Share insights about your child’s interests, preferences and aspirations.

2. Advocate for early and ongoing transition planning

Transition planning should begin early, ideally by age 14, and evolve as your child progresses through high school. Advocate for regular assessments of your child’s skills, interests and goals to inform the development and refinement of the transition plan. Encourage the IEP team to set measurable objectives and provide the necessary supports and services to achieve these goals.

3. Explore resources and services

Washington state offers various resources and services to support transition planning. They include vocational rehabilitation programs, job training initiatives and community-based organizations. Familiarize yourself with these resources and advocate for your child’s access to them.

4. Monitor progress and make adjustments as needed

Transition planning is an ongoing process that requires regular monitoring and adjustments. Stay actively involved in your child’s education and transition planning. Regularly review their progress toward their goals and advocate for any necessary modifications to their IEP.

If you encounter resistance from the IEP team, remain persistent and assertive. The Individuals with Disabilities Education Act should ensure that your child receives a free and appropriate public education, including comprehensive transition planning.

By understanding the importance of transition planning, parents can empower children to lead fulfilling lives beyond the classroom.

Does destroying a new will revive an old will?

Thu, 09 May 2024 07:48:00 GMT

If you stand to gain an inheritance from a deceased family member, you might find yourself dealing with confusing questions if there are disputes over a will. For instance, your relative may have written a new will to revoke an old one, but since destroyed or revoked the new will. You may wonder if the old will goes back into effect.

Fortunately, the state of Washington addresses this question as part of its estate laws.

When a destroyed will stays inactive

When it comes to estate planning, the legally expressed wishes of a person are what counts. So if an individual creates a new will that expressly voids an old will but later destroys the new will, it does not mean the old will becomes valid again. This is because revoking a new will does not automatically communicate any desire to revive an old will.

Actions that can restore an old will

According to state law, it must be the intention of the testator that an old will is revived. Therefore, there must be a legally provable document that states a desire to reactivate a destroyed will. Alternatively, a testator may make a succeeding declaration of intent to reactivate an old will, or the circumstances of revoking the will may provide evidence of such intent.

Additionally, a person can revive an old will by revoking a codicil, which is an amendment to an existing will that changes its terms. If an abolished codicil revoked a will in full or in part but is no longer in effect, the terms of the old will impacted by the codicil shall become legally valid once more.

Probate can wade into uncertain waters, which is why gathering every document and statement made about a will can make a difference if there is genuine doubt about whether a particular will truly expresses the wishes of its creator.

Guardianship and Conservatorship for adults with autism

Fri, 05 Apr 2024 07:31:10 GMT

Guardianship and Conservatorship are important topics for families with adults who have autism. It is a legal process which gives a responsible person the authority to make decisions for an adult who is unable to do so alone.

In Washington, guardianship aims to protect and support the well-being and rights of adults with autism, ensuring they live fulfilling lives. Conservatorship provides financial protections and authority.

Understanding the process

This is a legal process resulting in the appointment an individual to make personal, medical (guardianship) and financial (conservatorship) decisions for another person deemed unable to make these decisions independently. This role is significant for adults with autism who may face challenges in understanding complex situations, communicating their needs, or making informed decisions. The scope of a guardianship and/or conservatorship can be tailored to the individuals actual needs.

Making the decision

Deciding to pursue guardianship/conservatorship is significant and requires careful consideration. Families must assess the adult’s ability to make decisions and their level of independence. The goal is to support the individual’s autonomy and rights while ensuring their safety and well-being. It is a decision that requires thought about what is best for the adult’s future.

Understanding the process

In Washington, the process starts with filing a petition f in court. There are evaluations by professionals to assess the adult’s needs and capabilities. The court then reviews the case, considering the individual’s best interests. If the court establishes guardianship and/or conservatorship, it assigns a guardian/conservator to make decisions on the adult’s behalf.

Supporting autonomy and rights

Guardianship and conservatorship do not mean taking away all decisions from an adult with autism. Instead, it is about providing the necessary support for them to lead as independent a life as possible. Guardians and conservators can help make important decisions while encouraging the adult’s participation and respecting their preferences and rights.

Guardianship and Conservatorship are mechanisms designed to support and protect some of the most vulnerable members of our community, allowing adults with autism to lead safe and healthy lives.

How to talk to your parents about estate planning

Thu, 28 Mar 2024 07:24:10 GMT

Estate planning remains an important yet frequently overlooked conversation within many families. It requires decisions about transferring an individual’s estate after their death, including distributing assets and caring for dependents.

Although the topic might feel sensitive and uncomfortable, initiating this discussion with your parents can ensure the honoring of their wishes, reduce potential conflicts among siblings and lessen the stress and confusion associated with managing an estate after a loved one’s passing. This conversation demands tact, respect and understanding, as it addresses not only the logistics of wills and assets but also emotional readiness and family dynamics.

Choose the right time and place

It is important to look for an appropriate moment to discuss estate planning. Aim for a calm, quiet time without interruptions or time pressures. This conversation deserves everyone’s full attention and should take place in a private, comfortable setting where your parents feel secure and relaxed.

Express your intentions clearly

When you start the conversation, make sure to clarify that your aim is to support them and ensure respect for their wishes. Emphasize that estate planning brings peace of mind to everyone involved, and assure them of your assistance, not intrusion or control.

Listen and offer support

Be ready to listen more than you speak. Your parents may share concerns or wishes they have never expressed before. Show empathy and understanding, and suggest your help in navigating the process. Whether this involves researching options, organizing documents or simply discussing their wishes, your involvement can make the process less daunting for them.

Address the benefits

Highlight the benefits of estate planning, such as preventing complications, ensuring the distribution of assets as per their wishes and protecting the family from potential conflicts. Realizing these positive outcomes can motivate your parents to take action and make the necessary arrangements.

With a careful approach, this conversation can strengthen your relationship and ensure peace of mind for everyone involved.

How can I calculate future costs for my special needs child?

Tue, 27 Feb 2024 08:31:53 GMT

You know at some point you will not be around to provide care for your special needs child, which has probably already led you to consider taking out a life insurance policy that will pay out benefits to cover the care of your child. A first step is to determine how much money your child’s care will require.

Forecasting the ongoing and lifetime costs associated with caring for someone with special needs is going to vary depending on the family involved. Still, there are some general guidelines any parent can benefit from.

Assess current ongoing needs

When evaluating the continual needs of your child, you should consider the regular expenditures you currently make on your son or daughter. Your child may require medic al care , therapy sessions, specialized equipment and caregiver support, all of which should go into a cost forecast. Also consider transportation costs for medical appointments and other essential activities.

Forecast lifetime costs

In addition to immediate needs, project the lifetime costs of caring for your child. Medical treatments, therapies and any other foreseeable expenses are bound to add up through the lifetime of your child. Also consider the living arrangements of your offspring and how much it will take to sustain them for the life of your loved one.

Deduct government assistance

When calculating life insurance coverage, deduct any support your child receives from government assistance programs, such as Medicaid and CHIP. These programs reduce your financial burden and allow for a more accurate assessment of the coverage needed to bridge the gap between your available resources and the needs of your child.

At the same time, you should build protection into your estate plans so your child does not lose out on government benefits. You could structure your life insurance policy to pay out to a special needs trust. This trust will manage the funds on behalf of your child without jeopardizing access to government assistance.

With your care calculations in mind, you may also directly place money in the trust in addition to planning for a future life insurance payout. Thanks to the flexible nature of estate planning, you have a variety of options to work with.

When a trustee has the right to sell trust property

Mon, 26 Feb 2024 08:29:17 GMT

Acting as a trustee involves understanding the legal basis for you to make certain decisions regarding a trust. This can include selling off property contained in the trust.

Without established authority to sell off trust assets, you could end up in probate court if the trust beneficiaries decide you lack the power to conduct any sales of trust property.

Trust documents as authorization

A trust is a legal arrangement where a trustee manages assets for beneficiaries. The terms of the trust, outlined in trust documents created by the trust creator, provide the rules and instructions you as the trustee must follow.

The trust documents give the trustee authorization to manage trust assets, which may include selling some or all of the trust property. The trust instructions should also tell you what to do with the profits, if you are to invest them or distribute them to beneficiaries, among other possibilities.

Beneficiary permission

If the trust documents grant you explicit powers and even requirements to sell trust assets, you should not need permission from beneficiaries unless the trust states otherwise. Still, having beneficiaries sign off on the property sales could further secure your position and prevent objections later on.

Trustees selling to themselves

You might also be a beneficiary of the trust. If other family members are beneficiaries, you may seek approval before selling trust assets to avoid conflicts. This can be especially important if you wish to sell trust property to yourself.

Since selling trust assets to yourself could be a problematic situation, it may be prudent to examine the trust documents carefully as they might forbid you from selling assets to yourself or to another trust you administer. However, this is less of a problem if you are also the trust creator and placed the property in the trust in the first place.

Managing a trust entails making sure you do not violate your fiduciary duty to trust beneficiaries. Maintaining transparency and avoiding financial decisions that appear to serve your interests above the beneficiaries can keep you from unnecessary litigation.

Tips on avoiding will contests

Thu, 01 Feb 2024 08:24:52 GMT

With estate planning, clearly outlining your wishes can prevent disputes. If there are questions, your loved ones may choose to contest your will, which will put strain on your family.

While you cannot always avoid will contests, taking certain actions can greatly reduce concerns regarding your estate plan.

Be clear and specific in your language

One of the key reasons for contested wills is ambiguity. However, clear and precise language ensures a greater understanding. Clearly identify your beneficiaries and state how to distribute assets. Also, avoid vague terms that may lead to disputes.

Update your will regularly

Ensure that your will reflects your current situation by reviewing and updating it regularly. Major life events such as marriages, births or deaths should prompt a review of your will to ensure it remains accurate and relevant. Remember, life is dynamic, and so are your circumstances.

Choose a reliable executor

Selecting the right executor is another important factor in avoiding will contests. Your executor must carry out your wishes, so choose someone trustworthy, organized and capable. Also, discuss your decision with the chosen individual to ensure they are willing to take on the role.

Clearly state reasons for exclusions

If you choose to exclude someone from your will, provide clear reasons for doing so. This can help deter potential challenges and provide transparency. While you are not required to justify your decisions, explaining your choices can reduce the likelihood of disputes.

Include a no-contest clause

A no-contest clause stipulates that anyone who contests the will and loses will forfeit their inheritance. While not enforceable in every jurisdiction, a no-contest clause can act as a deterrent.

The right steps help ensure that your loved ones can navigate a difficult time without the added stress of a contested will. Proper planning now can lead to a smoother transition for your family in the future.

Impacts of labelling children as ebd

Mon, 15 Jan 2024 08:22:51 GMT

Children with emotional difficulties that impact their behavior at school sometimes receive a diagnosis of Emotionally and Behaviorally Disturbed. The U.S. Department of Education reported that in the 2018 to 2019 school year, 5.45% of disabled students had this type of problem.

An EBD label can have lasting repercussions on a child’s future. Whether these effects are positive or negative depends upon many factors.

Educational challenges and opportunities

Children with an EBD label may encounter educational hurdles. Schools often implement special education programs to address their needs, but the stigma attached to the label may limit their opportunities for mainstream learning experiences. However, these specialized programs also offer tailored support and have the potential to unlock a child’s academic potential.

Social implications

Labeling children as EBD can influence their social dynamics. Peers may treat them differently, and forming connections might become more challenging. However, some schools have programs to promote inclusivity . These strategies encourage students to embrace differences and see beyond labels.

Professional and career outlook

As children transition into adulthood, the effects of labels may extend into their professional lives. Some employers may hesitate to hire individuals with a history of emotional and behavioral challenges. However, the resilience they develop through overcoming these challenges can be an asset. Some employers may appreciate the strength of character that EBD students develop.

Hidden costs of remaining undiagnosed

While avoiding the EBD label might seem appealing, parents should consider the hidden costs of remaining undiagnosed. Without a proper diagnosis, children may not receive the necessary support and accommodations. This lack of intervention can hinder their personal and academic growth. It can also impact their future success.

Parents must continuously advocate for their children. Acknowledging their struggles without allowing teachers to define them by a label allows for a more comprehensive approach to their development.

Why you should not delay your special needs planning

Mon, 08 Jan 2024 08:20:58 GMT

Special needs planning is essential for securing your loved one’s future, but it is never too early to start the process. It is often in your best interest to consider special needs planning as early as possible.

The sooner you begin planning, the more options will be available to you.

You have greater flexibility

The sooner you start special needs planning, the more tools and strategies you can put in place. Beginning the financial and legal preparations while your child is young gives you more flexibility. For example, you may be able to fund a special needs trust or ABLE account that can grow over time. Starting early also allows you to research and understand the options completely.

You can develop financial strategies

Special needs financial planning tools, such as ABLE accounts and special needs trusts, have greater benefits when established early. ABLE accounts, for instance, allow individuals to save up to $100,000 without impacting needs-based government benefits.

You can plan for future changes

The earlier you start saving, the more funds will be available for your child’s future. With a special needs trust, you can place more assets into the trust if you create it early in the individual’s life.

Special needs planning is complex, but it can give you peace of mind for your loved ones. As of the third quarter of 2020 , there were approximately 75,000 ABLE account holders and each account held an average of $6,000 in savings. The sooner you start planning, the more you can save for future needs.

Valuable qualities to look for in a legal guardian

Tue, 02 Jan 2024 08:18:31 GMT

Selecting a guardian for a loved one is a weighty task. Assessing candidates and determining which is most suitable can be a delicate job.

The final verdict should account for all the characteristics that make a guardian not just a caregiver but a true advocate for the individual.

Empathy and understanding

Compassion remains a highly desirable quality in those caring for someone. Any appointed guardian should be able to understand and connect with the unique experiences and challenges that the person regularly faces. Those who practice empathy have what it takes to provide emotional support and create a healthy environment.

Restraint and adaptability

Patience is a virtue, especially when working with people who may be frail. Desirable guardians demonstrate self-control throughout the caregiving process. The needs of the dependent may change over time. Guardians who are easygoing adjust faster to evolving circumstances than those who feel the desire to be in control.

Financial responsibility

Guardianship often involves managing complex fiscal matters. This issue is of particular importance when it comes to people who have special needs, as only 51% of working-age individuals with disabilities say they can pay their bills. One should pick a guardian with a strong history of maturely and honestly handling money.

Effective communication skills

Desirable guardians are excellent at interacting with medical professionals, educators and others. The ability to convey information, ask questions and collaborate with the dependent’s broader support network remains paramount.

Selecting a guardian for a family member requires intense consideration. The more judiciously one makes this choice, the greater the likelihood that the dependent will receive optimal care.

4 signs of a good nursing home

Wed, 06 Dec 2023 08:13:36 GMT

Ensuring your loved ones receive the care they deserve in a nursing home is a top priority.

It is important to identify signs that indicate a facility’s commitment to providing excellent care.

1. Staff-to-resident ratio

One vital sign of a quality nursing home is a sufficient staff-to-resident ratio. Adequate staffing ensures that each resident receives personalized attention and timely assistance. When staff members can devote time to understanding individual needs, it fosters a more supportive and responsive environment. The U.S. Department of Health and Human Resources recently proposed new minimum staffing requirements, which would require nearly 75% of nursing homes to increase their staff.

2. Clean and well-maintained facilities

Cleanliness speaks volumes about the overall quality of care in a nursing home. A well-maintained facility not only promotes a healthy environment but also reflects the level of respect and dignity the staff has for the residents. Check for cleanliness in common areas, bedrooms and bathrooms.

3. Engaging activities and social interaction

An essential aspect of resident well-being is engagement in meaningful activities. A good nursing home provides a range of activities tailored to residents’ interests and abilities. Look for evidence of organized events, social gatherings and recreational opportunities. Residents should have the chance to participate in activities that enhance their physical, mental and emotional well-being.

4. Transparent communication with families

Effective communication between the nursing home and families is a necessity. Look for signs that the facility is transparent about residents’ care plans, health updates and any changes in their condition. Regular meetings or updates, either in person or through written communication, demonstrate a commitment to keeping families informed.

Carefully observing these signs can help you make an informed decision when selecting a nursing home for your loved ones.

What factors can lengthen the probate process?

Tue, 07 Nov 2023 07:19:24 GMT

Closing an estate and distributing the inheritance to heirs helps a family achieve closure, which is why many people attempt to reduce time in probate. Still, unforeseen events sometimes push probate into additional weeks, months or possibly beyond a year.

It is possible to anticipate certain situations before they delay the distribution of an estate. Here is a look at three common issues that prolong probate.

Missing documents or information

Any instance where an executor lacks the financial records of the decedent may slow down probate. An executor might have to contact financial institutions, government agencies or family members to locate assets and debts. The probate court could delay approving any distributions until the court believes the executor has carried out a diligent search.

Retrieving a will and other estate documents from a safe deposit box can also require more court time. According to U.S. News and World Report, executors generally need court authority to open a safe deposit box. However, an executor needs an original copy of the will for a judge to grant authority, so this could create a legal quandary.

Tax problems and complications

Income taxes can complicate probate in some cases. If the decedent owed taxes, the executor must file returns and pay the amounts due. If the estate earns interest or dividends while in probate, the executor may need to file additional income tax returns. Any disputes with tax authorities will also delay the completion of probate.

Additionally, the state of Washington is one of 17 states with an estate tax . An estate with a value above $2.2 million will incur a rate of 10% to 20%. This is something executors must deal with if the estate is wealthy.

Legal challenges

Probate also presents opportunities for litigation. Beneficiaries can object to how the executor values the estate assets or makes business decisions. Lawsuits against the estate by creditors or other claimants are also possible. Even minor legal issues such as correcting errors in documents can consume more time.

Spending extra time in probate can be necessary to account for any complications. However, proper estate planning should help a family avoid unneeded and persistent delays.

3 benefits of special needs long-term care planning

Fri, 03 Nov 2023 07:17:02 GMT

For aging parents with adult children who have special needs, the need for long-term care planning is undeniable.

Taking the initiative to plan ahead is a proactive approach that can benefit your family in numerous ways.

1. Financial stability

Financial stability is a cornerstone of any successful long-term care plan. By initiating the planning process now, you can establish a solid financial foundation to support your loved ones. Without careful planning, the costs associated with special needs care can be overwhelming. Early planning allows you to identify available resources, make informed decisions and explore various financial options, such as insurance, savings, and government assistance programs.

2. Tailored care solutions

Each family is unique, and the needs of your loved ones are equally distinct. Commencing long-term care planning early affords you the opportunity to create tailored care solutions. Whether it is finding the right care facilities, in-home care providers, or special education programs, early planning ensures that you have the time and resources to identify and implement the best options for your family’s specific circumstances.

3. Emotional and mental preparedness

Caring for a family member with special needs can be emotionally and mentally challenging. Initiating long-term care planning early can give you and your family the necessary time to adjust to these challenges. It also allows you to establish a support system, seek counseling or therapy, and access community resources that can offer emotional and mental support for the journey.

Along with planning for your child’s future, it is also important to consider your potential long-term care needs. A person turning 65 has a 70% likelihood of needing some form of support and care during the remainder of their life.

How do you obtain an iep for your child?

Mon, 23 Oct 2023 07:14:19 GMT

Around 14% of public school students receive special education services, including Individualized Education Plans, according to U.S. News and World Report.

An IEP is a legal document that can advocate for your child’s unique educational needs. Your child can receive accommodations like extended test time and specialized instruction that enable intellectual development and academic success.

Initiating an evaluation

Obtaining an IEP begins with an evaluation to identify your child’s educational needs. You or your child’s teachers can request this assessment. After the request, schools usually have a set period to complete the evaluation, which varies by state. This step helps determine if your child qualifies for special education services under the Individuals with Disabilities Education Act.

Creating the IEP document

The school arranges a meeting once the evaluation confirms the need for an IEP. This meeting involves you, special education teachers, general education teachers and school administrators. Your child’s school must provide you with enough notice before the meeting and schedule it conveniently for all parties.

The team collaborates at the meeting to develop an official IEP document. This document outlines your child’s educational performance, specific goals and necessary accommodations. It includes details like the support your child will receive and the length and location of services.

Following the plan

Once you and the school complete and sign the IEP document, the school can implement the plan. The teachers and school officials involved are responsible for carrying out the services and accommodations specified in the IEP.

Federal law requires an annual review of each IEP to assess whether your child is meeting their goals and to make any necessary adjustments. Additionally, a comprehensive reevaluation should occur at least once every three years. You or your child’s teachers can also request an IEP meeting at any time to propose changes to the plan.

By understanding these steps, you can more effectively navigate the IEP process. Your involvement ensures your child receives adequate educational support.

How can co-trustees manage a trust?

Wed, 04 Oct 2023 07:11:21 GMT

A trustee is responsible for administering a trust. However, what happens when there is more than one trustee involved? If you are the beneficiary of a trust with multiple trustees, you should know how all the people running your trust manage your assets.

Co-trustees are individuals who share the responsibility of managing a trust. Their dynamics can vary depending on the terms of the trust document.

Unanimous decision-making

In some cases, co-trustees must all act together . Every decision concerning the trust must be a mutual one reached by the trustees. This approach ensures that no single trustee has more power or influence than the others, helping to promote fairness and transparency. It also prevents hasty decisions that may not align with the long-term goals of the trust.

Majority vote

Alternatively, co-trustees can operate under a majority vote system. In this scenario, a majority of the trustees make the decisions. For example, if there are three co-trustees, a decision would require at least two of them to agree. This system allows for quicker decision-making but can also result in situations where the opinion of a single trustee holds more weight than the others.

Unequal power dynamics

In some trusts, there might be a lead trustee with more authority and responsibilities than the other trustees. Often, a grantor sets up a trust this way because one trustee possesses the right expertise or experience to make autonomous decisions but still needs the assistance of co-trustees.

While having a prominent trustee can streamline decision-making and provide clear leadership, power imbalances might still lead to conflicts among co-trustees. No matter the working relationship, a trustee has a fiduciary relationship with the beneficiaries of the trust, so a breakdown of performance by any trustee could lead to legal problems.

The State of Washington provides a legal framework to resolve trust conflicts and other estate disputes through the Trust and Estate Dispute Resolution Act. While a trust conflict can involve a negotiated settlement, arbitration or mediation, these methods may still consume time and money. Composing a trust document with the proper safeguards, which may include a specific dispute resolution process, may avoid legal trouble between trustees in the first place.

When does an elderly parent require a nursing home?

Thu, 28 Sep 2023 07:02:08 GMT

Determining when an elderly parent needs a nursing home can be a challenging decision.

By observing certain indicators and considering different factors, families can ensure their elderly parents receive the appropriate level of care.

Declining physical health

Seniors above the age of 65 make up 14.8% of the population of the state of Washington. Some may need extra care. The first and most noticeable sign is a decline in physical health. Keep an eye out for unexplained weight loss, difficulty in walking or moving around, and chronic health conditions that are challenging to manage.

Cognitive impairment

Memory loss, confusion, and disorientation are common signs of cognitive decline. If your elderly parent is experiencing difficulties in remembering important details or is showing signs of dementia or Alzheimer’s disease, a nursing home equipped to provide specialized care may be the best option.

Safety concerns

Evaluate the safety of your parent’s living environment. Falls, burns, or other accidents may indicate that the current living situation poses risks. Difficulty keeping up with household chores may also be a sign of your parent’s declining ability to live independently. Nursing homes provide a safe and secure environment, reducing the likelihood of accidents.

Social isolation

Loneliness and social isolation can have detrimental effects on an elderly person’s mental and emotional well-being. If your parent is increasingly withdrawn or lacks social interactions, a nursing home with a supportive community and organized activities can provide much-needed companionship.

Inadequate caregiver support

Assess the capabilities of primary caregivers, whether they are family members or hired professionals. If the demands of caregiving are becoming overwhelming, or if your parent’s needs surpass what caregivers can reasonably provide, a nursing home can offer the necessary level of care and support.

Financial considerations

Evaluate the financial aspect of caring for an elderly parent. This includes weighing the costs of in-home care, medical expenses, and necessary home modifications against the expenses associated with a nursing home. In some cases, a nursing home may provide a more cost-effective solution.

With careful observation and evaluation of the situation, families can make informed decisions that prioritize the well-being and comfort of their loved ones. This decision is a testament to the love and care you have for your aging parent, ensuring they receive the best possible care in their golden years.

How should you choose a guardian for a children?

Thu, 07 Sep 2023 03:23:53 GMT

According to CNBC, only about 33 percent of Americans have put together a will, which is typically one of the first steps in starting your estate plan. When you create a will as part of the estate planning process, this may involve naming a legal guardian for your children. The person you select will step in and take care of your minor children if something ever happens to you.

If you do not designate a legal guardian, who takes over guardianship of your dependents after your death could become a decision left to the court system. Taking time to choose a guardian for your children when you create your will can provide peace of mind and confidence about the future.

Identify your priorities

The first part of choosing a guardian involves figuring out your priorities for your children’s care. Consider their needs, values and the lifestyle you would like them to maintain. Think about factors such as education, religion and personal values that you would want the guardian to uphold.

Assess potential candidates

Next, create a list of people who could assume the role of guardian. These candidates could be family members, close friends or individuals who share your values and are willing to take on the responsibility of guardianship. Consider each person’s stability, maturity and ability to provide a safe and nurturing home life.

Account for practical factors

Practicality plays a role in who you choose as your children’s legal guardian . Consider the potential guardian’s location, living situation and financial stability. It is important that the guardian can provide an environment to meet your children’s needs without disruption.

Remember that circumstances can change over time, so you should regularly review and update your choice of legal guardian. As your children grow and family dynamics shift, you may find it necessary to make adjustments to your initial decision.

How does a special needs trust protect benefit eligibility?

Tue, 29 Aug 2023 03:20:24 GMT

A loved one with special needs may require the help of government benefits such as Supplemental Security Income and Medicaid. However, your relative could lose out on these benefits without a special needs trust.

When someone with special needs receives an inheritance or a monetary gift, it can cause the individual to become ineligible to receive further benefits. Placing inheritances and gifts into a special needs trust may avoid this. A special needs trust has special language that makes it an effective and useful tool.

Giving trust control to another person

A special needs trust is one that the beneficiary does not control. Your special needs relative cannot be the trustee of the trust or exercise any direction over the trust, such as altering the terms of the trust or abolishing it altogether.

The idea of a special needs trust is that the beneficiary does not own the assets in the trust. This helps ensure that the government does not count it in a means test which could disqualify your loved one from benefits.

Limitations on trust payments

It also matters how your special needs relative spends the trust money. If government benefits pay for shelter, food and medical benefits, the trust should not go toward those expenses.

When you establish a trust, you can use the trust documents to direct your trustee to make payments for specific expenses. These can include dental costs, rehabilitation services or any medical treatment not covered by existing benefits.

Crafting the trust with the right language helps ensure your disabled loved one can utilize all sources of financial help to their fullest and avoid a possibly disastrous loss of benefits in the future.

Who inherits your estate if you do not have a will?

Mon, 28 Aug 2023 03:18:08 GMT

Writing a will is one of the most basic components of an estate plan. However, according to a survey by Caring.com, a senior living referral service, nearly two-thirds of U.S. adults do not have a will.

What happens to your estate if you die in Washington state without a will?

Intestate succession rules

If you die without a will in Washington state, the intestate succession rules determine who inherits your estate. Who gets what part of your estate depends on who your surviving relatives are.

When you have a spouse

If you have a surviving spouse, your spouse will get the largest share of your estate. The exact share depends on whether you have surviving children, grandchildren or parents.

If you have no surviving children, grandchildren or parents, your spouse inherits the entire estate; otherwise, your spouse inherits three-fourths of the estate, and your other heirs get an equal share of the remaining estate.

When you have children but no spouse

If you have children but do not have a surviving spouse, your children will each receive an equal share of your estate. If any of your children have died, their share of the estate goes to their children.

When you are unmarried without children

If you do not have a surviving spouse, children or grandchildren, your estate passes to your parents. If only one of your parents is living, that parent receives the entire estate. If both parents are alive, then they split your estate equally.

Succession rules for siblings and other relatives

If you die without any surviving spouse, children, grandchildren or parents, then your estate may pass to your siblings or other surviving relatives. If the state cannot locate any surviving relatives, your estate will pass to the state of Washington.

While the state has a process to distribute your assets if you die without a will, creating a will and taking other estate planning steps provides peace of mind that your estate will pass to who you want it to.

Common elder scams for your loved ones to watch for

Mon, 07 Aug 2023 03:15:22 GMT

The safety and well-being of our loved ones, especially the elderly, is paramount. It becomes a concern when those we care about may fall victim to scams specifically targeted at their demographic. As people grow older, they sometimes become more susceptible to manipulation and fraud due to factors such as cognitive decline, isolation or unfamiliarity with new technologies.

It is important to stay informed about the types of scams that typically target elders. This awareness can help prevent your loved ones from becoming victims and ensure they maintain their financial independence and quality of life.

Telephone scams

Telephone scams are common and often target the elderly. Scammers may pose as representatives from an official institution, like a bank or the IRS, to trick the elderly into revealing sensitive information. They might also pretend to be a family member in need of immediate financial help.

Internet fraud

The increasing use of the internet by elders has led to a rise in internet fraud. Scammers might send emails appearing to be from a legitimate source, requesting personal information. They can also trick elders into downloading harmful software that allows the scammer access to their personal files.

Medicare and health insurance fraud

Healthcare-related scams are especially prevalent. In these scams, fraudulent individuals may pose as Medicare representatives to get elders to give them their personal information. Or, they might offer unnecessary services or fake healthcare services and charge them to the victim’s insurance company.

Homeowner scams

In homeowner scams, scammers may offer home improvement services, insist on immediate payment and then fail to deliver on the work. In other instances, they might trick elders into signing over the deed to their home under the guise of assisting with property taxes or mortgage payments.

Protecting your loved ones from these common elder scams requires staying vigilant and taking preventive measures. Keep open lines of communication with your loved ones about their interactions and transactions. Encourage them to verify any suspicious calls or messages with you or another trusted family member before providing personal information or making any payments.

What end-of-life care info should your estate plan include?

Thu, 27 Jul 2023 03:12:33 GMT

Contemplating end-of-life decisions can be challenging, but it is an important aspect of estate planning. By making these decisions now, you provide a roadmap that guides your loved ones and healthcare providers if you become incapable of expressing your wishes.

Explore the end-of-life decisions that your Washington State estate plan should include. This knowledge will help you develop a comprehensive estate plan that reflects your desires and offers peace of mind.

Healthcare directives

In Washington State, healthcare directives, also known as living wills, allow you to express your wishes regarding medical treatment if you become terminally ill or permanently unconscious. This document outlines the types of care you would like to receive, such as life-sustaining treatment, pain management and organ donation.

Durable power of attorney for healthcare

A durable power of attorney for healthcare allows you to appoint a trusted person to make medical decisions on your behalf if you cannot make them yourself. This representative should understand your wishes and be willing to carry them out, even in difficult circumstances.

Mental health treatment preference declaration

Washington State law allows you to create a mental health treatment preference declaration. This document specifies your preferences for mental health treatment if you are unable to make or communicate those decisions yourself.

Disposition of remains

Your estate plan should include instructions for the disposition of your remains. Whether you prefer burial or cremation, documenting your wishes can spare your loved ones from making these decisions during an emotional time.

Life-sustaining treatment forms

Life-sustaining treatment forms, such as an advanced health care directive, provide instructions to healthcare professionals about your preferences for life-sustaining treatment.

End-of-life decisions are deeply personal and require careful consideration. Make sure you communicate your plans with your loved ones, so they can prepare to respect and carry out your wishes when the time comes.

What are the steps in probate?

Mon, 10 Jul 2023 03:09:44 GMT

Probate can seem like a daunting process, and it often gets a bad reputation. This legal process is actually beneficial to everyone, and it can be incredibly helpful in many cases.

Probate simply provides court supervision on the finalizing of an estate . It involves some simple steps that do not have to take a long time or have to be overly complicated. Although, in some cases, delays and complications can occur.

Filing the will

The first step in probate is always to file the will with the court. It is important to find the most recent and valid copy of the will. Typically, a personal representative or attorney will handle this step. Sometimes, the family must do it. The law requires that this happen within 30 days .

Appoint the personal representative

The court will appoint someone as the personal representative, who acts on behalf of the deceased throughout the process. A person names the PR in their will.

Provide notices

The PR will be responsible for sending out and publishing notices that the estate is in probate. Individuals named in the will or other estate documents and the heirs of the individual must receive a notice, which may require tracking them down.

Accumulate property and pay debts

The PR will have to inventory all property included in the estate and collect that which may not be immediately available. The court will help with the distribution of assets towards debts.

Distribute to heirs

The final action of the PR is to ensure all heirs receive the proper assets. Asset distribution occurs after debt payments, so in some cases, there may not be any remaining assets to distribute.

The court will then close the estate and end probate once it has no remaining assets.

Do your elderly parents need a guardianship or conservatorship?

Fri, 30 Jun 2023 03:06:38 GMT

Growing older brings its own unique set of challenges. For some, these challenges could involve a struggle with tasks that once seemed simple, like managing finances or making decisions about personal care. Cognitive decline or health conditions might inhibit others’ ability to look after themselves.

If these scenarios seem familiar to you in the context of your parents, it might be time to consider guardianship or conservatorship. These options are legal tools designed to assist adults who can no longer manage their own affairs.

What is guardianship?

In a guardianship arrangement, one person (the guardian) receives the authority to make personal decisions for another (the individual). As a guardian for your parents, you would be making decisions about their health and welfare.

For example, you might have to decide where your parents will live, what medical treatments they should get, or even what their daily routines should be like, and having a guardianship in place could assist you in doing so. Bear in mind, the court will only grant guardianship if it feels that your parents truly need it, cannot manage their affairs by themselves, and there are not other alternatives available.

What is a conservatorship?

If you take on the role of a financial conservator for your parents, you would handle their finances, pay their bills, manage their investments, and handle other financial tasks.

You would only assume this responsibility if your parents are no longer capable of managing their own financial affairs. This inability could arise from a cognitive decline, like dementia, or simply because finances have become too complex for them to handle.

Whether your parents need a guardianship, a conservatorship or both, is a decision that demands careful thought. These roles carry many responsibilities and demand serious commitment. Understand your parents’ needs and less restrictive options available thoroughly before making this decision.

4 reasons you should not wait to select a guardian/conservator

Thu, 29 Jun 2023 03:03:16 GMT

Choosing a guardian/conservator is an important decision, especially if you have minor children or dependents. Delaying this decision can lead to complications and uncertainties that can affect your loved ones’ futures.

Here are some reasons why you should not wait to select a guardian for your Washington estate plan.

1. Providing stability and security

Selecting a guardian/conservator is about ensuring that your children or dependents have a stable, secure and loving environment in your absence. If you do not designate a guardian/conservator, the court will do it for you. The court will undoubtedly aim to act in the best interest of your children, but it might select someone who might not be your first choice. By designating a guardian/conservator promptly, you get to choose who you feel is best.

2. Preventing family disputes

Different family members might have varying opinions on who should take care of your children, leading to disagreements and possible legal battles. By promptly choosing a guardian/conservator, you can avoid such disputes and ensure a smoother transition for your children.

3. Peace of mind

Knowing that someone you trust will take care of your children brings peace of mind. By making this decision early, you do not have to worry about the outcome.

4. Time to prepare

Early selection of a guardian/conservator gives them time to prepare for their role. It can be a significant responsibility, and having time to get ready can be beneficial for both the guardian/conservator and your children.

Delaying the selection of a guardian/conservator for your Washington estate plan is not a risk worth taking. By making a thoughtful and timely choice, you can provide a sense of security and stability for your loved ones.

Do your loved ones have what they need after you die?

Thu, 15 Jun 2023 03:00:18 GMT

Hashing out plans for your death is not something you should take lightly. It involves a lot of thinking and planning to make the experience easier for your loved ones both financially and emotionally.

There are some actions you should take after completing your estate planning documents to ensure that the people you love will know what they should do and how they should do it. Getting your loved ones through the difficulty of your death means making sure they can find what they need to move forward. We suggest leaving a letter of instruction to help facilitate a smoother transition during an emotionally hard time.

Where is your will?

Right after your death, it falls to your family to locate the paperwork they need to begin the probate process. What if they do not know where these items are? When you create your will, you need to decide where to store the original. Not only that, but you should also provide copies to important people so they can refer to it after you die. On these copies, you should indicate where the original is and how they can access it to start probate .

What about passwords?

Dying and leaving instructions to find your will is one way to help your family out. But you should also leave updated passwords so they can access accounts to do things, such as turning off unnecessary utilities or finding assets and debts to list for probate court. Again, give this information or the location of it to one or two trusted people so that they may begin getting your affairs in order after your death.

Is your special needs child receiving the education they deserve?

Fri, 26 May 2023 02:56:06 GMT

Ensuring that every child receives an appropriate education is essential, especially for children with special needs. If your special needs child is not receiving the education they deserve in Washington, it is crucial to take action.

Here are some steps you can take to advocate for your child’s educational rights and seek appropriate support.

Understand your child’s rights

Familiarize yourself with the educational rights of children with special needs. In Washington, the Individuals with Disabilities Education Act and state laws protect these rights .

Communicate with the school

Initiate open and honest communication with your child’s school. Discuss your concerns, share information about your child’s specific needs and inquire about available support services. Collaborative dialogue can often lead to constructive solutions.

Request an evaluation

If you believe the school is not meeting your child’s educational needs, request an evaluation from the school district. This evaluation assesses your child’s strengths, weaknesses and unique needs. The evaluation process helps determine the appropriate level of support and services required.

Develop an IEP

Work with the school’s Individualized Education Program team to develop a tailored plan for your child’s education. The IEP outlines specific goals, accommodations, modifications and related services to ensure your child receives a free and appropriate education.

Seek mediation or due process

If disagreements arise between you and the school regarding your child’s education, mediation or due process may be options to consider. Mediation involves a neutral third party assisting in resolving conflicts, while due process involves a formal hearing to address disputes.

Explore additional resources

Connect with local and statewide organizations that provide resources and support for families with special needs children. These organizations can offer guidance, advocacy and valuable information about available services and programs.

By being an informed and proactive advocate, you can help ensure your child receives the educational support they require to thrive.

How does guardianship & conservatorship impact a ward's rights?

Tue, 16 May 2023 02:51:58 GMT

Watching a parent age is often difficult, and it may prove even more so if that parent is experiencing notable cognitive decline. When an older adult living in Washington starts to become unable to effectively manage his or her own affairs, guardianship and conservatorship may be an effective way to help protect that party and keep him or her safe.

Per NAMI Southwest Washington, guardianship and conservatorship is a formal court proceeding which creates a legal relationship between the individual ( vulnerable adult , or a “ward”) and the person appointed to look after him or her, or the “guardian” or “conservator.”

How are rights impacted?

Guardianship and conservatorship typically involves placing heavy restrictions on a ward’s life; the process typically results in removal of the Individual’s rights. For this reason, those considering guardianships or conservatorships for a parent or older loved one may want to explore alternatives before taking this big step. Once a guardianship takes shape, it may hinder the ward’s ability to vote, marry, make medical decisions, or hold a driver’s license. A conservatorship may also prevent a ward from signing contracts, buying, owning or selling property, or paying bills, among other restrictions.

What alternatives exist?

Because guardianships and conservatorships are so restrictive, those considering them may also want to consider whether certain alternative arrangements might meet their needs without stripping away so many of an individual’s rights. For example, creating a durable power of attorney for health care or finances may make sense in some situations. In others, community services or agencies may be able to step in and help a vulnerable loved one, depending on his or her specific needs and vulnerabilities.

Proving that an individual lacks certain capacities is typically necessary before establishing formal guardianship or conservatorship.

Why should new parents have a will?

Wed, 26 Apr 2023 02:42:55 GMT

Bringing a new child into your family is a time of great joy and celebration. The last thing most people think of is death.

However, new parents need to start thinking about the best interest of their child, and this includes figuring out what to do in the event that you need a will.

Why are wills important?

Forbes discusses the importance of having a will as a new parent . This document will establish how all of your assets end up distributed in the event of your death. You may also name a guardian for your children in this will.

Essentially, without a will, the state will decide where your assets go. While they typically decide based on the best interests of the child, there is no way to guarantee what that will look like in practice. The court may have an entirely different idea of what to do with your assets than you do.

They will also make a determination of who to appoint as guardian, which could completely go against your own ideas as to who is better suited for the task.

The positive aspects of a will

Establishing a safety net can give you great peace of mind, especially as a parent. Needless to say, no one wants to think about what they will do if they get into a sticky, life-threatening situation. However, having plans in place will give you a lot less to worry about in the event that something traumatic and sudden does happen.

Why might your provider deny your long-term care insurance claim?

Tue, 25 Apr 2023 02:40:50 GMT

As you age into the later years of your life, it may become apparent that you need daily support either in your own home or in an assisted living facility. There is no shame in turning to long-term care options, and there are even solutions to help you afford this type of care.

Long-term care insurance exists to reimburse you for some or all of the costs associated with receiving care and assistance in your daily activities. When the time comes to file a claim on your long-term care insurance policy, however, certain factors might lead to the insurer denying that claim.

When can a long-term care insurance claim meet denial?

One common reason for claim denial might be that the provider receives insufficient documentation to prove your claim eligibility. Another possibility is that a misunderstanding arose regarding what types of care the policy covers. On rarer occasions, a denial might occur because the policy contains a prior hospitalization requirement that is not actually enforceable in the state of Washington.

What can you do if an insurer denies your claim?

If you experience a claim denial, your top priority is to organize your records and speak to your doctor so you have all the necessary documentation on-hand to prove your eligibility. You should also carefully review your long-term care insurance policy with help from an insurance professional to ensure that your situation is eligible for reimbursement.

There are significant costs in paying for long-term care without support from your insurance policy. If your provider wrongfully denies your claim, it may be necessary to seek help.

What can a will not do?

Mon, 24 Apr 2023 02:38:38 GMT

A will is a great estate planning document, but it does have some limitations. There are specific items a will cannot handle.

Typically, your will gives personal information and provides for assets not otherwise handled through other legal means. So, there are some assets or items you may not be able to dictate through the will because they have to follow the rules of the other legal entity under which they fall.

Beneficiary accounts are a no-go

If you have accounts with named beneficiaries, you will not put them in your will. You cannot change the beneficiary or dictate any details about these accounts as the account has its own rules. If you wish to change anything about it, you must do so through the original source.

Loans are unchangeable

If you have a loan, you cannot pass it to someone else in your will. A loan is a contract between you and the lender. If one of your heirs wants to take over the loan, they will have to go through the lender and secure their own loan.

Title transfers are not possible

You also cannot transfer a title in your will. While you can leave the property to an heir, if you fully own it, the heir must change the title after your death.

It is important to note a will is not a way to override other laws. If you try to include something you should not, it will not stand up in probate. Your heirs may have problems securing the property or asset if you do not plan ahead properly.

Best practices for vulnerable adults

Fri, 07 Apr 2023 02:35:49 GMT

Adults older than 60 years of age experience neglect and exploitation at higher rates than younger adults. Elderly individuals and their caregivers must retain a reasonable level of vigilance when it comes to avoiding physical, emotional and financial abuse.

Some common sense actions can limit exposure to mistreatment.

Warnings to heed

The Washington State Office of the Attorney General lists some actions an elderly person can take to avoid elder abuse and neglect . For those who live in a group home setting, it is important to consider the stable nature of roommates or acquaintances.

If possible, individuals should avoid roommates who have violent tendencies or who abuse drugs or alcohol. Also, they should keep valuable items hidden away or locked to avoid theft from dishonest workers or from residents who have access to personal rooms.

Older individuals with cognitive difficulties should take care when signing important documents. Therefore, the elderly should seek help from trustworthy relatives, friends or professionals whenever signing a critical document such as tax statements, healthcare directives, financial reports and insurance forms.

Signs to recognize

Caregivers for the elderly should look for signs of abuse and neglect. Victims of mistreatment often exhibit signs of anxiety and depression. They might suffer physical symptoms such as loss of weight due to worries that affect appetite.

Sometimes, victims of financial abuse suddenly can no longer pay bills or buy food. This indicates that an unscrupulous party has siphoned money from an account or tricked someone into making an unsupportable donation.

Following a few best practices can help a vulnerable adult steer clear of mistreatment. Sometimes, legal action becomes necessary to correct wrongful actions.

What are examples of nonprobate assets?

Thu, 30 Mar 2023 02:33:25 GMT

It can take a while to process an estate through probate. When you also factor in the costs involved and the public nature of probate court, you probably want to exclude as much of your estate as possible from the probate process.

Fortunately, U.S. News and World Report describes a variety of ways to allow your family to inherit your property without the need to go through probate.

Accounts with beneficiaries

Just about any of your assets with a beneficiary designation should avoid probate. This is because, upon your death, the asset will pay its benefits directly to anyone named as a beneficiary.

Common examples of beneficiary-assigned assets include retirement accounts such as 401(k)s and annuities. Your workplace may have a pension you can assign to a family member. Your life insurance policy also pays out to whoever you name as a beneficiary.

Transfer ownership upon death

It is possible to make a provision for some of your accounts and properties to transfer ownership to another person after you die. These include pay-on-death and transfer-on-death designations. Similarly, you can own property in a joint tenancy arrangement with a right of survivorship provision to give your ownership interest to a co-owner following your death.

Property in a trust

A trust is a separate form of conveying property and money to beneficiaries. Depending on your priorities, you can create a revocable or irrevocable trust. You may also condition your trust to pay out according to specific thresholds and conditions your beneficiaries must meet.

Employing these methods may decrease the number of assets that go through probate. As a result, probate for your remaining assets could go faster and lessen the burden on your family.

Recognizing the signs that it is time to take the keys

Wed, 08 Mar 2023 02:29:55 GMT

Making the decision to take the keys away from an aging parent takes careful consideration. With dementia affecting millions of adults every year, everyone should know the warning signs that it is time to take the keys from parents.

There are a few indications that safety concerns warrant taking away the keys.

Taking new medications

Stay informed of every medication that your parent takes. Consider side effects that may alter visual acuity, reaction time and rational thinking. If your parent receives a prescription for something that may interfere with driving abilities, be mindful and consider taking their keys.

Trouble driving at night

When you notice progressive challenges with nighttime driving, even if daytime driving seems okay, you should consider having a conversation about limiting driving time.

Getting lost

Even with GPS navigation, cognitive declines can lead to wrong turns, trouble reasoning directions and getting lost. If your parent is getting lost more frequently, discuss the safety concerns and the benefits of taking their keys.

Inability to sustain safe speeds

With age, cognitive performance can slow down. Sometimes, this results in discomfort with routine speeds on the roadways. If your parent is driving significantly slower than other cars on the road, struggling with lane changes and making unsafe turns, that indicates that the time has come to give up those keys.

Keeping your parents and others safe from auto accidents means stepping up and taking away their keys when necessary. Recognizing the signs of trouble can help you intervene before your parents face serious challenges.

What are parent and student rights under idea?

Wed, 08 Mar 2023 02:27:29 GMT

Being the parent of a special needs child can make navigating the education system a challenge. But it should not be this way.

The Individuals with Disabilities Education Act provides you with protections and rights to ensure your child gets the best education possible. It is important for you to take full advantage of IDEA by understanding the rights it affords to you and your child.

Receiving a notice

You have the right to receive a notice that clearly explains how IDEA protects and provides for you and your child. The school must provide this notice to you annually and also at certain times when incidents happen, such as you filing a complaint or when your child undergoes an evaluation.

Consenting

You also have the right to consent to anything that the school wants to happen with your child. The school also must make sure you understand any plans and evaluations. You must approve anything that happens with your child. The school cannot provide your child with special education services without your full consent.

Meetings requests

You also have the right to meet with school personnel to discuss your child and the services he or she receives. You should be able to meet with those who work with your child or make decisions about the services offered.

Your child’s rights

Your child has the right to fair treatment. He or she should not have to undergo anything that is embarrassing or upsetting. Your child should get services that enhance his or her school experience and do not cause harm or stress.

Overall, IDEA works to ensure that you and your child have a beneficial experience with special education services. Your main rights are to be informed by the school and to ensure your child is helped through the services provided.

Rising concerns about nonpublic agencies for special education

Tue, 28 Feb 2023 02:14:01 GMT

Parents of children with disabilities want to ensure optimal educational opportunities are available. Sometimes, public facilities lack the resources or staff to care for a child with special needs.

Washington school districts have turned to nonpublic agencies to care for children with disabilities, and the arrangement raises various concerns.

Reporting practices of NPAs

Nonpublic agencies are private schools that can apply to the Office of Superintendent of Public Instruction to become an NPA. These institutions offer to care for students with special needs who struggle with academic and behavioral issues.

Parents want NPAs to follow the same safety, care and instruction guidelines as public schools do. This duty includes avoiding the use of restraint or isolation except in cases of genuine emergencies.

Families desire more transparency in incident reports at NPAs and increased oversight. Some parents work with the Disability Rights Washington organization in a push for more funding to equip public schools with the resources for special needs students. They also desire NPAs to adhere to state law for public schools.

Use of out-of-state NPAs

Additional concerns arise when out-of-state NPAs care for children with disabilities. This option has been difficult for families, who hate to see their children go to distant locations and desire lawmakers to provide additional in-state options.

Reports raise concerns about the quality of care and the staff at these locations as well. Many parents want to ensure these facilities also comply with Washington State law regarding their children’s educational standards and care.

Parents have the right to guide their children’s education and ensure their little ones get adequate training in a safe and productive environment. When educational facilities try to pass off their responsibility or provide substandard conditions, parents can work to call these institutions to account.

How can you limit a guardianship?

Tue, 14 Feb 2023 09:18:03 GMT

As your parents have gotten older, you have probably observed that they are less able to tackle personal financial matters, perhaps due to memory issues or other cognitive problems. You may believe that at some point you will have to ask a court to approve a guardianship for one or both of your parents.

It is natural to worry that a guardian will have too much power over your parents. Fortunately, the laws of the state of Washington allow for a court to restrict the authority of a guardian.

Full guardianships

According to the Washington courts website, state law establishes specific decision-making powers for guardians and conservators. Under a full or plenary guardianship, a guardian will assume all the authority over an adult granted by the law.

For example, this means if a court appoints someone as a full guardian for your parents, the person in question will have the power to make medical decisions for your parents and decide where they live. This might be more authority than you wish to invest in a guardian, however.

Partial guardianships

If you seek an alternative to a full guardianship, you could petition the court to establish a partial or limited guardianship. Under this kind of arrangement, a court order will spell out the specific authority the guardian will have. For instance, a court order may only give your guardian authority to make medical care decisions for them, while allowing your parents to retain all other rights.

This arrangement helps preserve as much independence as possible for your loved ones. You may rest easier knowing that the guardian for your parents has well-established boundaries.

Insurance to help families with special needs children

Fri, 20 Jan 2023 09:15:38 GMT

Parents who take care of children with disabilities must consider what will happen when they can no longer provide for their loved ones. While a special needs trust can help a disabled child into adult years, different insurance policies may also offer various kinds of assistance.

An important thing to remember is that insurance policies vary in their coverage. A caretaker should consider multiple options to fill in coverage gaps. Policies may compensate parents for lost income or help a special needs child directly.

Disability insurance

A parent who contracts a serious illness or sustains a severe injury might no longer be able to work. Short-term disability insurance can provide assistance for a few months. However, Kiplinger explains that long-term disability insurance may cover a portion of missed income for much longer. This coverage usually pays 40% to 60% of a base salary.

Income protection insurance

Parents interested in covering more of their income might benefit from income protection insurance. In addition to compensating for lost wages, some income protection policies cover bonuses and commissions.

Benefits generally last until the policyholder recovers from an illness or injury, or reaches a maximum benefit period. The loss of benefits happens when one of these two events occurs first.

Whole or term life insurance

A parent who takes out a life insurance policy may direct it to pay out to a child or special needs trust after the parent dies. Policy Genius explains one way parents who pursue this option could manage such a policy, by naming someone to be the custodian of the policy to manage the insurance funds after the death of the parent.

With the variety of insurance policies available, a parent may find one to help complete a special needs plan to help ensure a loved one has provision for years to come. It is important to be thoughtful about how such policies and the proceeds from the policies might be managed, such as through a conservator or through a special needs trust. You should speak with your legal advisor for disability and estate planning issues to help make the best decisions for your family.

What are the different types of trusts?

Wed, 04 Jan 2023 09:12:35 GMT

A trust is a common document in an estate plan. You can use it to create a definitive plan for your assets and protect your wishes for your estate.

It comes with many benefits, and many people use a trust as a means to bypass probate . However, there are many kinds with unique circumstances that can benefit people for varying reasons.

Living trust

A living trust, also known as a revocable trust, goes into effect while you are still alive, but you retain control and can make changes. Upon your death, the person or entity you named as the successor trustee will obtain control of the trust and be responsible for carrying out your wishes.

Special needs trust

A special needs trust is an option if you have a family member with a disability. These typically protect the family member’s ability to continue receiving government benefits after your death to ensure their inheritance will not interrupt those benefits.

Irrevocable trust

An irrevocable trust differs from a living trust in that you cannot change it once it is in effect. The trust is a sovereign entity, paying its own income tax and filing its own return. Many people choose this option to avoid creditors and additional taxes.

Generation-skipping trust

A generation-skipping trust allows you to leave assets directly to your grandchildren, bypassing your children and avoiding estate taxes. There is a generation-skipping tax, but there are exemptions.

As you make your estate plans, you may find it helpful to speak with someone about what options are best for your situation.

How can an executor create an asset inventory?

Wed, 04 Jan 2023 09:08:56 GMT

If you plan on being the estate executor for a parent, you know that you have great responsibilities ahead of you. Organizing the assets of the estate is one of them. You should know what your parent owns so you can distribute the property to heirs.

Creating an inventory of the estate assets is a good first step to managing the estate. However, you should be ready for this process to be hard and time consuming.

Check for an existing list

Some testators create a list of their assets in advance. Kiplinger explains that an asset list should include various information , such as the following:

Accounts
Other assets
Debts and liabilities
Digital asset passwords
Online account passwords

The list may also contain contact information. Your parent might use an asset list to describe how to get in touch with professional consultants, such as a financial advisor who has previously worked with your parent on asset or tax issues.

Gather information from documents

In the event you do not have an existing list to work with, you will have to accumulate information from records and contracts your parent owns. You may have to conduct an extensive search through insurance papers and tax records, and then check anything your parent may have put in storage. A common example would be items in a safe deposit box.

As the years pass, some people forget about accounts they own. You could run across an old account or an asset like a stock certificate that your parent had hidden away under furniture or in an attic. Creating an asset inventory may take careful investigation to ensure the most complete list possible.

How can both medicare and medicaid help your parent?

Thu, 22 Dec 2022 09:06:27 GMT

If you have an elderly parent who is on a low income or has no job at all, the two of you have probably discussed seeking coverage from Medicaid in addition to Medicare. Since a senior could qualify for both Medicare and Medicaid, it may be of benefit to know how these programs may help your loved one.

Medicare and Medicaid are different forms of government assistance, so they do not function in the same way. AARP describes what your parent might expect when receiving benefits from both of these programs.

Coverage order of each program

If you are wondering which program will pay the medical bills of your parent, generally people receive coverage from Medicare first. Since there are different forms of Medicare, you should be aware of what type of Medicare covers your parent. For instance, Medicare Part B offers payment for different outpatient services and visits to a doctor.

Once Medicare has provided coverage, Medicaid will kick in. Generally, Medicaid will pay for copayments, deductibles and other expenses your parent would have to pay for out-of-pocket.

Specific costs covered by each program

Remember that Medicare and Medicaid do not always cover the same expenses. For example, Medicare can pay for rehab services if your parent gets sick or becomes disabled, but not for long-term care in a nursing home. This is where Medicaid can take over.

Depending on the Medicaid rules of the state of Washington, Medicaid may provide payment for other non-Medicare costs such as in-home long-term care, travel to and from a physician, and dental appointments. Understanding what your parent could expect from Medicare and Medicaid can help the two of you create a well-informed care plan.

What does it mean to sue or contest a trust?

Fri, 25 Nov 2022 09:03:44 GMT

Whoever you select to oversee your trust will owe a fiduciary duty to the beneficiaries of your trust. Hopefully, your trustee will not encounter any legal issues while administering your trust. Still, sometimes a trustee cannot avoid a date in court.

Smart Asset explains that someone cannot directly litigate a trust, but a trustee may become the target of a lawsuit . It is possible a person could sue a trust or contest it in court. Here is a look at how these two concepts differ.

Why people sue a trust

A person suing a trust is usually seeking compensation from the assets contained in the trust. To take an example, if your trustee gets into an auto accident while driving a car titled to the trust, the injury victims may sue to collect money from the trust itself as a way to get damages from the trustee. Creditors could also sue your trustee to collect trust money to pay off debts owed by your trustee.

Why people contest a trust

Contesting a trust involves litigating the terms of the trust. This can happen if someone thinks the trust lacks validity, perhaps because a malicious party forged the trust documents or doctored a legitimate trust document.

Sometimes family members suspect the trust creator was the victim of undue influence or elder abuse. They could believe a relative created a trust according to the whims of an abusive party. Relatives of the abused party may try to get a court to remove the trustee.

A good trustee may inspire confidence

The possibility that your trustee may have to deal with litigation is a good reason to select a competent trustee. Someone who acts in a professional and ethical manner may assure your beneficiaries that your trust is in good hands.

Should you agree to be a trustee of a special needs trusts?

Tue, 15 Nov 2022 09:01:43 GMT

If you have a friend who has a relative with a disability or other special needs, your friend may have asked you to be a trustee of a special needs trust. Before you agree to do so, though, you should know exactly what the role involves.

A special needs trust is a unique estate planning tool that allows individuals to set aside funds for the benefit of someone else without jeopardizing that person’s eligibility for needs-based government benefits. As a trustee of a special needs trust, you would oversee and manage the trust. We strongly urge that all trustees of special needs trusts engage an attorney to advise them on this highly complex rol

Keeping the beneficiary eligible for government help

Arguably, the most important duty any trustee of a special needs performs is ensuring the beneficiary continues to qualify for government assistance. According to USA.gov, there are many public benefits programs for which a beneficiary may be eligible. This means you must closely scrutinize all disbursement requests to determine whether they are permissible under the rule of the program that gives benefits to the beneficiary.

Complying with investment, reporting, and recordkeeping obligations

Much of being a trustee of a special needs trust involves investing trust assets and ordinary reporting and recordkeeping. As part of these duties, you may have to invest funds as a prudent investor would, maintain trust records, prepare reports, and file taxes. It is important to note, though, that you do not have to necessarily accomplish all these tasks on your own. Indeed, you can outsource the investing to investment advisors and some of the reporting and recordkeeping duties to accountants or other professionals.

Filling gaps in the beneficiary’s care

As a trustee of a special needs trust, you will have intimate knowledge of the beneficiary’s situation. This can lead to some of the more rewarding aspects of being a trustee. Ultimately, if the beneficiary needs something to thrive, you may have to find social service providers, doctors, therapists, or others to fill the gaps.

What happens if you disagree with your child's iep?

Thu, 03 Nov 2022 08:59:11 GMT

If your child has special academic needs, his or her school may come up with an individual educational plan. According to the University of Washington, an IEP ensures your child receives specialized instruction and other educational accommodations.

A team of teachers, educational professionals and advocates should develop your child’s IEP with your family’s input. Still, when you receive the proposed IEP, you may disagree with its approach or something else.

You can verbally object

You know your child better than anyone else does. Consequently, if the IEP does not seem to be right for your son or daughter, it makes sense to verbally object to it. You may even be able to do so during the drafting stage. Your verbal objection may encourage school professionals to rework the IEP to better suit your child’s needs.

You can officially reject the IEP

If your verbal objections do not do the trick, you may have to officially reject the IEP. To do so, you must sign the rejection portion of the plan and return it to school administrators. If you only object to part of the plan, it may be okay to accept the overall plan and add notations to the provisions with which you disagree.

You can lodge an official complaint

Even after working with the school district, you may not have a meeting of the minds about your child’s IEP. If you reach an impasse and believe your child is suffering some type of harm, you can probably lodge an official complaint based on specific grounds.

Ultimately, to ensure your child receives the special education he or she deserves, you must understand all your options and be ready to fully exercise all your legal rights.

Attending iep meetings with fmla

Thu, 03 Nov 2022 08:56:34 GMT

If a parent needs to develop an Individualized Education Plan (IEP), it can take a lot of time and effort. Since Washington does not have a set standard for IEPs, it may vary hugely between schools and students alike.

How can a parent use the Family and Medical Leave Act (FMLA) to ensure that they get the time they need to create a good IEP?

Understanding IEPs

Washington Office of Superintendent of Public Instruction discusses details about IEP . These plans should exist to allow any student to achieve financial success regardless of any mental or physical disabilities that they may also deal with.

How does the FMLA help parents who need to work on an IEP? Since parents need to attend every IEP meeting to create the best plan, they will likely need to take time away from work. Most of the IEP meetings happen during workdays, after all.

2019 ruling on FMLA and IEPs

In 2019, the U.S. Department of Labor ruled that parents could use FMLA paid leave in order to attend these IEP meetings. They decided this for several reasons, including the IEP being a required document for students enrolling in any special education services. It also includes the fact that people who qualify for an IEP usually have serious and life-altering conditions, and that these meetings will focus on arrangements for care.

Any employer with over 50 employees thusly cannot deny a parent paid time off to attend IEP meetings. They must allow for up to 12 weeks of paid time off in a 12-month period, and they cannot fire a person for taking this time to attend IEP meetings.

What is a citizen complaint?

Fri, 14 Oct 2022 08:54:10 GMT

All parents want to ensure that their children receive the best education possible. When you have children with special education needs, it can cause a lot of stress to determine whether the school can provide your kids with adequate education and care in an environment where they can thrive. Special education is supposed to be as minimally restrictive as possible to help children with special needs learn better than they would in a traditional environment.

According to the office of the governor of Washington, your children have a right to an education and if you fear their rights become violated, you can file a complaint .

What is a citizen complaint?

If you disagree with the school district, a complaint might be your next step. A person may file a complaint because he or she disagrees with the school’s refusal to acknowledge his or her child as disabled. The school may not evaluate the student properly or may not identify him or her in a way that allows the child to receive special education. Other complaints may arise if the school does not deliver special education services as required or if the parents disagree about where the school placed the child.

How can you file a citizen complaint?

To file a citizen complaint, you need basic information about the situation. The information should include the student’s name, the school district and the nature of the problem. In addition to the problem, you should list what you believe could resolve the problem. For instance, you may demand another evaluation of your child if the school fails to recognize him or her as disabled.

When it comes to your children’s education the citizen complaint process allows you to advocate for them when the school fails.

What is IDEA?

Wed, 05 Oct 2022 08:51:54 GMT

A child with a diagnosis of delay or difficulty processing information may require help through schooling and beyond. Fortunately, the federal and state governments have provisional laws to allow children who meet these special needs to receive an equal education.

A family who needs guidance through the special education process may benefit from gathering information from different sources. Learn more about what some laws provide for a child going through public education.

What is IDEA?

The federal government implemented the Individuals with Disabilities Education Act or IDEA to set the standards for special education nationwide. The department sets standards and ensures that school districts comply with the requirements that every student receives equal access to public education.

What is the foundation of IDEA?

Educators and healthcare providers agree that early identification and intervention are vital to ensuring children proceed through school with appropriately designed instruction to address their individualized challenges. In general, schools are required to test children at various intervals along the way to discover underlying processing difficulties. In addition to parent and teacher feedback, private testing, and formal medical diagnoses, the results of these tests may help inform the school of the potential eligibility for a child to receive an Individualized Education Program or IEP.

How can a family ensure a child gets what is necessary?

If a family believes their child may be entitled to special education services, they should ask that the child be evaluated for this purpose. If the student qualifies for special education, the school will propose a course of action and is required to involve the family in the decision making process before adopting one. These supports, along with annual goals, accommodations, information regarding the student’s present levels of performance and more should be documented in an IEP. An IEP does and should change as a child grows and gains necessary educational and social skills and be re-visited annually. If there are sufficient changes in the interim, either the family or the school may wish to update the IEP more frequently.

A family who suspects that a school is not taking all the requisite measures to ensure their child receives the educational opportunity to which he or she is entitled may want to seek the help of a professional well-versed in handling special education disputes through informal steps and resolution, assistance at IEP meetings, or more formal dispute procedures.

Is your child returning to school after suffering a tbi?

Thu, 22 Sep 2022 08:49:41 GMT

Pediatric brain injuries are strikingly common in the U.S. In fact, according to the Centers for Disease Control and Prevention, as many as 60,000 kids require hospitalization for traumatic brain injuries every single year. Many others sustain TBIs but never receive professional medical care, unfortunately.

A pediatric TBI can cause a child to experience a variety of long-term problems, including learning difficulties, mood changes, and visual or auditory impairments. If your child is returning to school after suffering a TBI, he or she may need access to special education.

What is special education?

Even under ideal circumstances, many children struggle to learn in conventional classrooms. If your child has a TBI, though, picking up information in such a setting could be downright impossible. Special education includes a spectrum of educational services children can utilize in many different settings.

Often, individuals with specific training and experience work as special education teachers. This means teachers can assess the needs of students in real-time, allowing them to make changes to educating kids who have disability-related educational needs.

How can you ensure your child gets a good education?

You still may be learning to cope with your child’s TBI, so you may feel busier than ever. Still, special education for your child may not land in your lap.

That is, you may have to be an advocate for your son’s or daughter’s educational interests. If your child’s school is unable or unwilling to provide special education, you may have to prepare for a bit of a fight.

Ultimately, understanding your legal options is one of the first steps you must take to ensure your child gets a good education after suffering a TBI.

Class action lawsuit targets administrative delays

Thu, 08 Sep 2022 08:47:25 GMT

There are plenty of hurdles for parents and children in the education system. For those parents supporting their special needs children, those hurdles increase.

When it comes to securing the education of a child, parents will do what they must. If a school district fails to deliver on its promises, parents may band together to seek a resolution.

Families lining up

According to NJ.com, nearly 15,000 families could claim their children have suffered harm over the years due to administrative delays. As the investigation continues, it seems that budget allocation does not provide for enough judges to hear the cases—despite the federal requirement to resolve cases involving special education students within 45 days, not counting adjournments.

Many parents may have the right to declare a lawsuit when it comes to seeking justice for their children. The average case resolution was 212 days. Some families waited more than nine months for the courts to hold hearings.

Flawed systems stacking up problems

Many consider the state systems flawed when it comes to helping educate special needs children. When a state program fails its students, it is up to the parents to call for action. When parents of special needs children face difficulty when it comes to accessing educational services, there are resources available to help.

Those parents looking to provide their special needs children with an education have a lot ahead of them, especially when external factors complicate things. When it comes to securing that fairness and education, it is important for families to communicate and lean on their resources in order to formulate the best defense.

Job training services available for special needs highschoolers

Thu, 01 Sep 2022 08:42:33 GMT

In Washington, students with mental or physical disabilities may have a 504 plan or Individualized Education Plan to help ensure they receive the assistance needed to reach their educational goals. However, as the end of high school approaches, many special needs children and their parents may be wondering how they will make the next step: transitioning from the classroom to the workplace.

One option for students who want to pursue a job is working with the Department of Vocational Rehabilitation. DVR offers young persons with special needs a variety of services to help them with job counseling, training and placement.

Who is eligible for transition services?

Generally, eligible students are currently enrolled in a recognized secondary or postsecondary education program and have a 504 plan, IEP or documented disability . While there is no strict age requirement, eligibility may depend on a student’s assessed ability to transition to work.

What transition services are available?

Transition services available to special needs youth include:

Job exploration: students learn more about different types of jobs and identify their own interests, skills and work preferences
Workplace preparation: students develop job-related skills for living independently, such as time/money management, resume writing, interviewing and accessing support
Work experience: students gain real-world experience through job shadows, workplace tours, internships and other activities

DVR’s pre-employment services also emphasize the importance of self-advocacy. In addition to learning skills to help them live and work independently, special needs students learn how to speak up for their own rights while knowing when to ask for assistance or services they need as they transition from school to work.

Does your child qualify for special education?

Wed, 24 Aug 2022 08:39:25 GMT

A child who struggles with completing tasks that others fly through may need help getting through school. The good news is that if your child meets qualifications set by the law, the resources available may expand to include special education.

Special education is a program overseen by federal laws that afford accommodations in public schools for children with disabilities. Whether your child has a diagnosis allowing entry or is on the cusp of getting one, discover some of the finer points of special education laws.

What are the federal laws that govern special education?

Two laws set at the federal level help level the playing field when it comes to public education. Section 504 (a part of the Rehabilitation Act) and IDEA (Individuals with Disability Education Act) sets out protections, accommodations and rights of children with disabilities to access public education. Your child may qualify for special education under one or both of these laws.

What does the law consider a disability?

IDEA provides a much narrower definition for disability than its counterpart. As such, it is more likely that a child will qualify under both or only IDEA. Under IDEA, some of the conditions for special education include:

Hearing impairment
Speech impediment
Traumatic brain injury
Autism

The list for qualifying conditions is extensive under IDEA, but within each are further qualifications. Section 504 allows for a broader range of conditions by including any mental or physical limitation or impairment that substantially impedes at least one life activity.

Applying the law to help your child gain access to help in school is within your right. If your child qualifies under one or both of these federal laws, then the State of Washington and the education department should afford you the requisite assistance.

Disabled students and section 504 violations

Tue, 09 Aug 2022 08:31:03 GMT

Students with disabilities attending public schools in Washington State have a right to an education. They also have a right to learn among their peers. There several laws which protect these rights – the focus of the post is just one. The Rehabilitation Act’s Section 504 requires public schools to provide accommodations so all students may participate in their schools’ activities.

Students are entitled to a “free and appropriate education” under the Individuals with Disabilities Education Act (IDEA). Other laws, including Section 504 and laws prohibiting discrimination protected related rights for students with disabilities. This includes participation in a school’s sports or extracurricular activities. Disabled students must also do so without facing discrimination. Denying a qualified student from an athletic team because of an impairment violates the federal Rehabilitation Act. The law also protects disabled students from bullying.

Schools must provide accommodations for disabled students

Section 504 of the Rehabilitation Act requires educators to provide their disabled students with reasonable accommodations when needed. Accommodations may include aids or services to help them participate in the school’s activities. The University of Washington website lists some common accommodations . One or more of these accommodations could allow a disabled student to maintain his or her involvement in a school’s curriculum. Teachers may, for example, include books with large print or other visual aids.

Installing text-to-speech software on classroom computers could help students with disabilities. In some cases, sign language may reflect an appropriate accommodation. Instructors could also modify their disabled students’ homework assignments. Students with cognitive impairments may then take extra time to work through the material.

Parents of disabled students may take action if needed

The National Education Association notes that procedures exist to protect students from exclusion. Students with disabilities requiring special facilitation may receive them without harassment or discrimination. In some cases, an educator or school district could fail to provide a reasonable accommodation. Parents of disabled students may, however, take action to resolve disputes.

New law could ease financial burden of healthcare on some seniors

Mon, 08 Aug 2022 08:27:34 GMT

About two-thirds of people who file for bankruptcy in America do so because of medical debts. Older Americans, who face high healthcare costs and often live on fixed incomes, are particularly vulnerable.

A new law that expands Washington’s charity care program may ease this financial burden for many seniors in the state.

What the law does

Legislation that took effect on July 1, 2022, requires large hospital systems to provide a higher level of financial assistance to residents of the state who qualify. An estimated four million people in the state may qualify for free or discounted care.

Who qualifies for assistance

Washington state residents whose income is between 0% and 300% of the federal poverty level will have no out-of-pocket costs at the majority of Washington state hospitals. People with incomes that are between 301% and 350% of the federal poverty level will receive a 75% discount and people in the 351% to 400% income bracket will get a 50% discount.

Impact of the law on estate planning

Planning for healthcare costs is an important component of any estate plan. The high cost of healthcare can erode many seniors’ savings, leaving them reliant on Medicaid and other programs for healthcare. Seniors who qualify for free or discounted healthcare may be able to reduce their overall medical costs, leaving more money for other expenses, such as long-term care.

Many seniors who face rising healthcare costs on a fixed-income stand to benefit from this expansion of the charity care program. However, it is still important to plan for healthcare expenses as you age.

Brothers & hendersons, p.S. Welcomes special education attorney, m. Heather kolbly to the firm

Fri, 29 Jul 2022 08:24:02 GMT

As part of our continued growth, Brothers & Henderson, P.S is pleased to welcome M. Heather Kolby to the firm as an Associate Attorney. She earned her Juris Doctor from Santa Clara University School of Law, her Master of Science degree in School Psychology from San Jose State University, and her Bachelor of Arts degree in Psychology from California State University, Northridge.

Ms. Kolbly’s practice at the firm will focus on Special Education law and estate planning. Her background includes 13 years as a school psychologist in the California public school system and then most recently on the public schools on the Eastside of Seattle. From that experience she gained a deep understanding of how schools and school districts function and the learning differences, disabilities, and emotional and psychological challenges that students face every day in their continued learning. Prior joining Brothers & Henderson, she managed her own solo-practice law firm for 10 years.

Alzheimer’s disease and elderly parent guardianship

Wed, 27 Jul 2022 08:07:26 GMT

Adult children of aging parents often experience a variety of emotions when they realize their mothers or fathers can no longer care for themselves, especially when an Alzheimer’s diagnosis confirms cognitive problems may not improve. Alzheimers.net notes that seeking legal guardianship of an elderly parent suffering from Alzheimer’s can authorize you to make decisions on that individual’s behalf, which may streamline choices related to medical care and financial issues.

Individuals seeking guardianship of this type must take several legal steps before they can receive power of attorney and attempt to maintain an elderly parent’s quality of life.

The benefits of guardianship

Elderly parents who suffer from Alzheimer’s usually experience a decline in memory and other cognitive functions that can affect their overall health. They may suffer from lapses in hygiene and suffer from poor nutrition when they can no longer cook for themselves. Seeking guardianship has several benefits for both the elderly parent and the adult offspring seeking guardianship, including:

Improved nutrition/meal program placement
Improved health through assistance with hygiene/dressing
The ability of the elderly parent to age with dignity

Legal guardianship also gives adult children the opportunity to direct care for comparative elderly parents who may believe they do not require such assistance, despite evidence to the contrary.

Steps to guardianship

Once an elderly parent’s family receives an Alzheimer’s diagnosis for that individual, the next step takes place in court, where the adult child seeking guardianship must prove his or her parent can no longer make sound decisions or perform daily tasks that support good health. The petitioner must also prove that he or she has the capacity to act in the best interests of the person suffering from cognitive decline.

Putting a legal guardian in place as soon as possible for an elderly person suffering from Alzheimer’s can prevent ill health and exploitation from individuals or companies that may take advantage when no one is there to offer protection or guidance.

504 plans and ieps – what are they?

Mon, 25 Jul 2022 08:04:59 GMT

As a parent of a child with a disability, you may be wondering how the school can support them, or you may have had a medical or psychological professional recommend pursuing a 504 Plan or an IEP for your child in school. What are these things? How can they help your child? How do students qualify for them? Read on for answers.

The 504 Plan

504 Plans are governed by Section 504 of the Rehabilitation Act of 1973, which is a civil rights law that guarantees equal access to the educational program for students with disabilities. A 504 Plan is a legal document providing for specific accommodations (typically within the classroom, but potentially elsewhere at school) that a disabled student is entitled to receive. To qualify for one, a student must (1) have a physical or mental impairment that (2) substantially limits (3) a major life activity. Common examples of accommodations may include extra time to take tests or complete assignments, allowing the use of a “fidget” item to help your child focus in class, frequent teacher checks for understanding, or reducing the length of assignments.

There are many more accommodations that can go into a 504 Plan. Whatever accommodations are chosen, they should be reasonably calculated to address the student’s specific needs based on their disability. It is also important to realize that the inclusion of some accommodations poses the risk of additional – and potentially bigger – problems, so care needs to be used in choosing accommodations that will really benefit the student. For example, being allowed to use extra time to complete assignments may sound great, but taking too much extra time to finish assignments can result in the student’s assignments piling up and becoming unmanageable as the class moves on to future lessons. Thus, you may want to make sure certain parameters are documented in the Plan about the use of an accommodation like this one, such as allowing up to one or two additional days to complete assignments rather than leaving the time frame open.

It is also important to know that a student need not use every accommodation every single day; they are simply there for the student to use whenever needed. Failure to use a particular accommodation should not result in the school being allowed to deny its use in the future. Of course, if an accommodation remains on the student’s Plan year after year and is never used, that can be an indication that it’s not really a needed one for the student, and teachers and parents may want to discuss deleting it from the Plan. In any event, it’s important to realize, however, that the student has a legal right to use any and all of the accommodations in their 504 Plan, regardless of how often they need them.

As students go into middle and high school, it is also important to make sure students know what their 504 Plan entails and even take part in choosing the accommodations in it. As students go into those upper grades, it is helpful for them to self-advocate for the use of their accommodations. A student on a 504 Plan has a legal right to those accommodations, and the school must offer them. All of this knowledge can empower students in learning to advocate for their own rights as they get older.

IEPs

“IEP” stands for “Individualized Education Plan,” and these plans are governed by the Individuals with Disabilities Education Act (IDEA). IEPs are a function of the school’s Special Education program, as opposed to 504 Plans, which are outside the realm of Special Ed. An IEP is a legal document containing a detailed plan of instruction to be given to a student, along with accommodations for that student. The accommodations in an IEP are the same or similar to those in a 504 Plan; but the IEP also includes the extra support of specially designed instruction tailored to the student’s specific needs.

There are several ways in which a student may qualify for Special Ed. services (an IEP), depending on the student’s disability and particular challenges. Some students will qualify based on a clearly observable disability, such as being deaf, blind, or physically disabled. Many other students qualify based on a disability that is much less observable, such as a learning disability affecting their reading, writing or math skills, autism, or Attention Deficit Hyperactivity Disorder (ADHD), among many other disabling conditions. Simply having a disability alone does not mean a student will require or qualify for an IEP. In general terms, to qualify for an IEP, a student must be shown to have a disability that meets criteria in the IDEA (codified in Washington State in WAC 392-172A-01035). WAC 392-172A-01035 provides a listing of the various disability categories the schools use to qualify students for IEPs, along with each category’s requirements. Once a student is found to qualify for an IEP, the school’s Special Ed. teacher (and/or other Special Ed. professionals in the school, if warranted) will create an IEP detailing the services and accommodations to be provided. Services should include instruction that is designed specifically for the individual student according to their needs. Such instruction may address deficits in reading, writing, math, organizational skills, behavior, social-emotional functioning, or other areas. If the student qualifies for speech and language, occupational (fine-motor) or physical (gross-motor) therapies, those will also be addressed in the IEP.

IEPs can continue through 12th grade, and they expire when the student graduates from high school. IEPs can last up to age 21 for students who are severely disabled or otherwise do not graduate by the typical age of 18. The IEP does not transfer to college or trade school, although students can request that these schools honor the accommodations listed in their IEP.

NOTE: THIS POST IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONTAIN ANY LEGAL ADVICE. THE INFORMATION CONTAINED HEREIN SHOULD NOT BE USED OR RELIED UPON WITH RESPECT TO ANY PARTICULAR FACTS OR CIRCUMSTANCES WITHOUT FIRST CONSULTING WITH AN ATTORNEY.

Do not delay long-term care planning

Tue, 19 Jul 2022 08:00:04 GMT

The fact is that most people require long-term care once they reach a certain age. According to the Administration for Community Living , 70 percent of people over 65 need some form of long-term care.

You should begin planning for professional elder care sooner than you think. The severity and costs will vary, but it is better to overprepare than get caught without the necessary health care arrangements.

Do not burden your children

When it comes down to it, you do not have the final say on when to start planning for long-term care. You might think you do not need it, but if you have children or family who care about you, they will have the burden if you avoid planning for assisted living. It is tough to predict how healthy you will be as you age. Do not put the stress of making such difficult decisions on your children.

Be realistic about your finances

Consult with professionals about what you can expect to pay. Sometimes people have the means to pay for their long-term care without financial aid. However, most people require some form of insurance. Whether it is private or Medicaid , you need to get the details sorted out before long-term care starts. Usually, people fund their assisted living through a combination of personal assets and insurance plans, so start investigating your financial situation today.

Too many people put the burden of long-term care on their descendants. Planning ahead will give you peace of mind and ensure your children and loved ones do not have to make any difficult decisions for you.

How should you select multiple powers of attorney?

Fri, 01 Jul 2022 07:57:22 GMT

As you watch your parents get older, you probably wonder what will happen if they become too sick or infirm to handle important financial activities or make medical decisions for themselves. In the event one or both of your parents suffer a serious decline in health, they may need a power of attorney to act on their behalf.

You and your parents might worry about investing too much power in one power of attorney, also known as an agent. Aging Care explains that choosing multiple powers of attorney may work as an alternative.

Name different powers of attorney

There are two main types of power of attorney. One takes over financial responsibilities like paying bills, preparing taxes and making bank deposits. The other takes charge of medical decision-making, including approving medical treatments and managing care for a person.

Some people have no problem giving a single agent both of these kinds of responsibilities. However, your family can keep these powers of attorney separate, meaning you will have two different agents with separate areas of authority to act for your parents.

Name co-powers of attorney

If your parents still think one person should not have total charge of their medical care, they could select two people to act as co-agents, with each agent requiring the consent of the other before making a decision. Remember that co-agents must be able to agree on courses of action. A conflict between them could delay crucial decisions.

Families deal with possible conflict between co-agents in different ways. They can give more independence to one power of attorney or invest veto power in one agent. Make sure that the laws of the state of Washington allow for whatever power of attorney arrangement your family wants to set up.

What are the fiduciary duties of trustees and conservators?

Fri, 10 Jun 2022 07:53:59 GMT

It is natural to expect you will be around to raise your children to adulthood, but you must prepare for the worst. If you and your spouse die while your children are still minors, you will need a conservator and guardian to take care of them. Whoever you choose to take care of the assets of your children will owe “fiduciary duties” to the children.

Being a fiduciary means a person manages financial matters on behalf of someone else. Conservators and trustees for minor children handle their assets since they are not old enough to do so. U.S. News and World Report explains how both guardians and trustees carry out these duties.

Fiduciary duties of conservators

A guardian takes care of an individual, generally an infirm person or a minor. Meanwhile, a conservators manages the person’s estate and finances. The duties of a conservator for a minor include the following:

protecting the estate until the child reaches adulthood
prudently investing the estate as a reasonable investor would under the circumstances
maintaining loyalty to the child while administering the estate
keeping records, including receipts
reporting to the court when needed

A conservator could become legally liable for mismanaging the estate of the children. Mixing estate and personal assets could become grounds for removal by a court.

Fiduciary duties of trustees

If you create a trust to hold an inheritance for your children, you will also appoint a trustee to manage the trust. A trustee owes similar duties to your children as a conservator. However, the main fiduciary duty of a trustee is to manage the trust according to the wishes of the trust creator as outlined in the trust document. Your trustee may make purchases and payouts on behalf of your children but must follow the terms of the trust you have established.

Consider your options

Given that your conservator or trustee could run into legal trouble for mismanaging the assets of your children, you should pick someone who can handle financial matters and has the best interest of your children at heart. Establishing both a trust and a conservatorship is another option to help establish checks and balances. Estate planning has a variety of methods to help you guard the inheritance of your children.

How may the probate court transfer my assets without a will

Mon, 30 May 2022 07:50:44 GMT

Washington State residents without a valid will may anticipate the probate court distributing their net assets under the Evergreen State’s intestate succession laws. Your “net” estate consists of the assets remaining after your estate pays off your debts, according to the Washington State Legislature.

Your estate may also pay allowances, probate (or administration) expenses and your final taxes. After settling financial matters, your surviving spouse or registered domestic partner may take 100% ownership of your community property, as noted by Washington state statute RCW 11.04.015 . If you own separate property, your surviving spouse or partner may take half. The court distributes the other half to your surviving children.

Who takes my property if I do not have a spouse or partner?

A Washington State probate court may distribute your assets to your surviving children if you do not leave behind a surviving spouse or domestic partner. Your property may divide equally between your children if you have more than one child. Both biological and adopted children may share in your estate. Stepchildren and foster kids, however, may not inherit your assets.

When dying without a spouse, partner or child, your surviving parents may inherit your entire estate. If your parents predeceased you, the court may distribute assets evenly to your surviving siblings and their descendants. Without parents and siblings, the court may find your grandparents. If they also predeceased you, the court may locate surviving aunts and uncles and their descendants.

How may I leave assets to my heirs and bypass probate?

To bypass probate, you may create a living trust or add beneficiaries to your financial accounts. Individual retirement accounts, 401(k)s and checking accounts generally allow payable-on-death benefits.

Without setting up payable-on-death accounts or trusts, Washington State requires the probate process when leaving behind property titled in your name. The court may oversee the transfer of your property even if you die with no will.

What can a trusts accomplish that a will cannot?

Tue, 17 May 2022 07:48:15 GMT

When you work on your Washington estate plan, you may cross a will off your to-do list first, and this is wise. A will is an important part of any estate plan and gives you a chance to say where you want your assets to go once you die. However, there are limits to what you might be able to do with a will. In some cases, it may benefit you and your beneficiaries if you establish a trust.

Kiplinger reports that, while different types of trusts exist, these financial agreements allow you to do many different things that a will does not allow you to do. Some of the things you might be able to do through creating a trust appear below.

Shelter assets from estate taxes

Washington has an estate tax, and this tax may cut into how much of your estate your beneficiaries are able to collect. If your estate is valuable enough, you have to pay estate taxes. However, by moving some of your assets into a trust, you are transferring them out of your direct ownership. In doing so, you are reducing the size of your estate, and you may, too, be avoiding the estate tax or reducing your estate tax burden.

Protect beneficiaries’ public benefits eligibility

If you are planning to leave assets or money behind to someone who uses Medicaid, Social Security Disability Insurance or another type of benefits program where they have to prove financial need, leaving them assets in a will may hurt, rather than help them. Leaving assets to these individuals in trusts lets you get around this and not hurt their public benefits eligibility.

These are two examples of the many important things you may be able to do through creating a trust.

Getting to know the three types of special needs trusts

Mon, 16 May 2022 07:45:21 GMT

Perhaps you have a disabled teenage son who was the victim of a serious car accident. You are considering setting up a trust to hold the financial compensation he is due to receive.

According to federal and state law, those who qualify for SSI and some Medicaid programs cannot keep more than $2,000 in their own name. Therefore, the compensation your son expects to receive as an accident settlement can go into a trust. There are three main types of trusts for you to look into. You can establish any one of these without affecting the Supplemental Security Income (SSI) your son receives.

First-party trust (individual)

One kind of special needs trust is a first-party trust, which can hold the accident proceeds without affecting your son’s SSI. Your son can use funds from the trust throughout his lifetime. When he dies, the remainder will reimburse the government for his medical costs paid by Medicaid. The remaining funds, if any, can be distributed to family members or as your son directs.

First-party trust (pooled)

Charitable organizations set up pooled trusts. Beneficiaries pool their resources , which are then invested but maintain their own separate accounts with funds used for their individual needs. If you choose a pooled trust for the benefit of your son, then after his death the funds remaining in his account will reimburse the government for his care received through Medicaid. Alternatively, all or a portion can be directed to the nonprofit organization that managed the trust. Anything remaining can be distributed to family members or others as your son chooses.

Third-party trust

Family members often favor the third-party trust. This is a receptacle for any kind of asset that belongs to the family. Common assets that fund a third-party trust include retirement plans, life insurance, stocks and bonds, and even a house. Once again, funds are used for the lifetime of your son. However, after his death, any funds remaining can either pass to other family members or to a charity. Unlike first-party trusts, third-party trusts are not required to reimburse Medicaid.

With legal guidance, you can learn more about this and the other special needs trusts to determine which best suits your son’s circumstances.

Ways to help aging parents deal with memory loss

Wed, 11 May 2022 07:35:25 GMT

Memory loss is something that often comes with growing older. Unfortunately, there is often not much that doctors can do to reverse this phenomenon. Therefore, the goal for most adult children should be to help their parents remain as comfortable as possible.

Some signs of dementia include asking similar questions over and over again, frequently losing or misplacing items, and drawing a blank while having an ordinary conversation. Here are some ways to help aging parents deal with memory loss.

Be a support system

Let your aging parent know that you are there if they need help with any tasks around the house, such as cooking, balancing a checkbook, or doing laundry. People are often reluctant to allow others to help them, as they see it as a sign that they are losing their independence. However, being supportive in a non-judgmental way can help people feel comfortable in asking for assistance.

Be patient

People who are experiencing memory loss sometimes forget common words or tell the same story repeatedly. Remember that this is not done on purpose or to annoy you, and being respectful and patient goes a long way towards maintaining your relationship.

Encourage familiar activities

People with dementia often take comfort in the familiar. Avoid activities such as traveling to new places and meeting large groups of new people. Stick to visiting places that the aging person is familiar with.

Knowing how to support an aging parent who is experiencing memory loss will help keep them comfortable in their golden years.

What should be in my estate plan?

Tue, 03 May 2022 07:32:32 GMT

There are many things you can include in your estate plan. It all depends on the size and complexity of your estate.

However, The New York Times explains there are four documents every estate plan should include at a minimum. So, if you are just beginning to think about creating your plan, these documents are a great place to start.

Powers of attorney

You will want to have at least one healthcare power of attorney and one financial power of attorney. These documents will help you in the event you become unable to make your own decisions. They allow you to transfer decision-making power to another person. You can combine them and give one person the power over health and financial decisions.

Living will

A living will is also useful while you are still alive but unable to communicate your desires. It will outline the medical steps you want taken, list things you want not to happen, and cover your ultimate wishes should you end up on life support. You can also use this to dictate the care and guardianship of your children and to outline other wishes you may have. Having a living will take a lot of pressure off your family.

Will

Your will is important after your death. It states what you wish to happen with the assets in your estate. You can make it as detailed as you want. You can also list all items you own, including those with no monetary value. Essentially, you can put whatever you want in a will as long as you follow the state’s rules for ensuring its validity.

While there certainly are many other things you can put in your estate plan, these items make a good start. They cover the basics and allow you to at least get your wishes into legal documents.

How should you approach a discussion about elder care?

Thu, 28 Apr 2022 07:27:14 GMT

Sensitive topics like aging, elder care and loss of independence can feel uncomfortable to discuss. Watching your parents get older and worrying about their well-being can also feel uncomfortable.

Showing your concern for your parents and suggesting planning strategies could open the door for a beneficial discussion. Starting a conversation at the right time and with the right intent might make all the difference in how your parents receive the information.

Do your research

Inadequate preparation before you mention elder care can backfire miserably. Even if you mean well, not taking the time to understand your parents’ situation might appear as though you only care about yourself and your well-being. Prior to starting a discussion, pay attention to your parents’ circumstances. Some things to consider include the following:

What assets do they have?
Have they mentioned wanting or needing extra help?
Does either parent have a history of familial health problems?
Have they expressed disinterest in life-saving measures?

When you begin the discussion, express your concern for both parents’ well-being. Tell them that out of a desire to care for them in the manner they wish, you would like to coordinate a care plan. A gentle, honest and sincere approach could improve the reception of the information you share.

Highlight the benefits

With the progression of generations, your parents will age with scores of other people. In fact, the U.S. Census projects a higher number of deaths between 2020 and 2030 as a majority of baby boomers hit age 65+. You can talk with your parents about the benefits of having an elder care plan in place. Not only will they have peace of mind regarding their care, but they can have control in making decisions about their future.

Telling your parents about the benefits of their choice to plan now may encourage them to start. Your support along the way could continue to incentivize them to keep things updated throughout the years.

What can you prepare for your role as an executor?

Thu, 14 Apr 2022 07:24:53 GMT

It feels like an honor when asked to be the executor of a will, but it also comes with a lot of responsibility. If you are not ready for the responsibility to handle your loved one’s estate, it can become more daunting than necessary.

According to AARP, preparing to become an executor should begin with a conversation. Talk with the person who wrote the will first to ensure you have all of the details of his or her wishes.

Stay organized as an executor

Before you handle the estate, you need to have a system of organization. You have to settle debts, stop Social Security payments, sell or maintain a family home, and settle financial accounts. Create a meticulous to-do list and ensure you have documents counting for all debts and assets.

Be ready to work with the family

Sometimes, conflicts arise. In most cases, the executor is also part of the family. However, this does not stop other family members from fighting. You may have siblings or other relatives angry or upset with the situation. They may feel hesitant to trust you as the executor. You need to stay transparent and know how to deescalate a situation.

Be careful when distributing assets. You may expect to see arguing over expensive items, but more often than not, arguments occur because of sentimental items. You need to have a fair system in place to avoid arguments.

Make sure the heirs know that it takes time to settle the estate. You have to ensure that you pay all bills and other debts before you can disperse the other assets.

Some primary duties of a financial power of attorney

Wed, 30 Mar 2022 07:20:46 GMT

If you have just named someone as a financial power of attorney for your estate, or if you have just taken on the role for a loved one, you should understand the scope of this important designation. Not all POAs include the same tasks or responsibilities, but most have general similarities.

The financial POA document allows a person to act on behalf of another person regarding a wide range of financial matters.

Specific legal duties

According to Kiplinger, Individuals who agree to take on this role have certain legal responsibilities to the principal’s estate. The document typically spells out these responsibilities, often at the end of the POA paperwork. These charges often include keeping up on the following matters:

Paying all bills on time
Making timely tax payments
Keeping transparent records
Acting in the best interests of the client

The POA agent could pay the bills with a checking account or by way of online methods. The agent might have to keep proof of the POA agreement on file with each relevant financial institution.

Broader possibilities

The scope of a POA varies from situation to situation. In some cases, this could involve more detailed aspects of estate planning such as setting up a trust. If the principal has pressing medical concerns and does not have a will in place, the agent could recommend this process to save money later on.

Other considerations could also arise. These include coming up with strategies to pay for long-term care that involve the selling of a primary residence. Whatever your role, the POA document should spell out the expectations for both the principal and the agent acting on his or her behalf.

Our new home

Mon, 21 Mar 2022 06:24:30 GMT

Brothers & Henderson, P.S. is on the move.

The firm has relocated from its Eastlake location at 2722 Eastlake Avenue East to the Fremont neighborhood at 936 N. 34th Street, Suite 200 as of March 21st, 2022.

Nicknamed “The Center of the Universe,” Fremont was once its own city before being annexed to Seattle in 1891. The town was founded by Luther H. Griffith and Edward Blewett, with the name being inspired by their hometown of Fremont, Nebraska.

Fremont is also the home of the Troll’s Knoll and the iconic Fremont Troll sculpture. Two acres of urban forest integrate with local neighborhood residents – known as “Friends of the Troll’s Knoll” – that feature gardens in the P-Patch.

Fremont also features seemingly unlimited options to eat, drink (preferably outdoors), shop, live, work, play, and stay.

Brothers & Henderson, P.S., has blazed its own trail in disability and elder law, quickly becoming a fixture in the Seattle area. Partners Joshua L. Brothers and Christopher Henderson combine more than 20 years of experience, not to mention a commitment to high-quality legal services. They work hard to earn their clients’ trust, resulting in long-term relationships measured in decades.

While our location is changing, our service remains unchanged. For dedicated and diligent legal representation for complicated legal matters, contact Brothers & Henderson, P.S.

Allowbale medicaid spend down items as of 2022

Tue, 08 Mar 2022 06:22:09 GMT

At a time when new life is the focus of everyone’s attention, death is probably an unwelcomed topic of thought. Despite the macabre association many people have of this process, new parents should be thinking about their wills and planning for the future of their child.

If you already have a will, then you likely understand the importance and will make sure you take the time to update it with your baby in mind. However, many young parents do not recognize the need for this document.

What is a will and why is it important?

A will is a document that establishes how your assets get distributed following your death. If you have children, it is also your opportunity to name their guardians if something should happen to you before they become adults. Without a will to name your choice of guardian, there is no guarantee that your children will get placed with the person you deem most suitable.

How can you stay positive when discussing these matters?

Preparing for unforeseen circumstances is an important skill set, especially for parents . Creating a will is less about the expectation or anticipation of death, and more about establishing a safety net for your family. You are more than likely already performing preparatory tasks for other aspects of your life, like saving money for emergencies or eating healthy to prevent illness.

You can think of a will as another way you are making good choices now to create a better future for yourself and your loved ones.

Here comes baby: creating a will as a new parent

Tue, 01 Mar 2022 05:56:28 GMT

What is a will and why is it important?

How can you stay positive when discussing these matters?

You can think of a will as another way you are making good choices now to create a better future for yourself and your loved ones.

What are the duties of a trustee?

Mon, 21 Feb 2022 05:52:52 GMT

When you create a trust, you will choose a trustee to handle things once you are gone. The trustee must be a trustworthy person who is responsible and able to handle the duties of the position.

SmartAsset explains a trustee can be a person, business or other entity. It can be a professional or someone with whom you have a personal relationship. In any situation, the duties remain the same.

Specific to trust

Trustee duties depend largely on the trust itself. The design of the trust will often dictate what the trustee must do. The trust should include guidelines for the trustee to follow that explain his or her duties.

Common duties

Trustees may need to handle taxes on the assets within the trust. He or she may have to track down the beneficiaries or send them notices. Trusts that have gradually distribution of the assets may require a trustee to maintain the assets and handle each distribution period.

The trustee is financially responsible for the trust and safeguarding the assets within it. He or she must protect the assets and defend against any challenges to the trust. In some cases, he or she may have to sell assets or invest them.

Other duties may include managing bank accounts, handling insurance, collecting rent, keeping records and delegating tasks. The most important aspect of the trustee’s duties is protecting the trust assets and ensuring your wishes go as planned.

The duty of a trustee is something that may require special knowledge or outside assistance. When setting up a trust, you should set your trustee up with everything he or she will need to do the job properly.

As an advice directive necessaray?

Tue, 08 Feb 2022 05:50:46 GMT

As someone who has dealt with aspects of estate planning, you understand that it contains many moving and complex parts. Though each piece may seem small and unimportant on its own, they come together to offer you a smooth path to where you want to go.

An advance directive is one of those small pieces. Though it might seem superfluous or unnecessary at first, you could actually benefit from it hugely in the future.

Reasons for having an advance directive

The National Institute on Aging discusses the importance of an advance directive . First, what is an advance directive, anyway? In short, it allows for you to leave behind directions for what you want to be done medically speaking in the event that you cannot communicate with anyone.

For example, say you struggle with a degenerative disorder like dementia. If you have an advance directive, you can determine what you want to be done in certain medical situations. You can specify when you want to be on life support and for how long, or if you have any situations where you would prefer no life support used and no resuscitation.

Who is it useful for?

This is useful even for people without neurological or degenerative disorders, though, anyone could get into an accident that leaves them comatose. Anyone could suffer from traumatic brain damage that may have a doctor declaring them braindead or in a vegetative state. If you end up in these situations, you likely still have a strong idea of what healthcare you want to receive. An advance directive is the best way to ensure you get that care, while simultaneously removing the burden of decision-making from your loved ones.

Some relevant information on long-term care insurance

Tue, 18 Jan 2022 05:48:29 GMT

Many individuals and families worry about paying for long-term care. Nearly everyone understands that paying for a nursing home stay or an assisted living facility can quickly add up to tens of thousands of dollars or more.

A solid estate plan considers the available options for paying for a stay in a long-term care institution.

The benefits of long-term care insurance

An article in Kiplinger states that with so many unknowns and variables the decision to buy long-term care insurance remains a difficult one for families. Still, insurance can provide protection from a worst-case scenario, preserve an estate’s assets and provide peace of mind.

With several insurers offering products, families can often tailor a policy to their specific needs. This could involve features that cover a set period of years, that have inflation protections built-in and that cover both spouses at a reduced premium.

When a person buys long-term care insurance impacts the value of a policy. Those who buy at a young age, often pay a lower premium but may have to pay for many years before using the policy. Those who buy at an advanced age likely pay a higher premium but might only pay that for a few years.

The disadvantages of an insurance plan

As with any insurance product, a person who buys long-term care insurance might never use the benefits. They could pay premiums for decades and never go into a long-term care facility.

Insurers can also increase the premium rate under certain circumstances, which could provide an unexpected burden on a family’s budget. In the end, an estate plan should look over the pros and cons of long-term care insurance.

What do you know about special needs trusts?

Fri, 07 Jan 2022 05:15:44 GMT

Legal guardians and parents of a special needs child want to take care of their loved ones after they die. While a special needs trust helps them accomplish that goal, guardians and parents must understand how to make the most of the estate planning tool.

With insights from Mito Action, parents and guardians lay the groundwork for establishing a trust for their disabled child. Being well-informed on all aspects of estate planning helps parties resolve their fears and concerns.

The two special needs trusts

Parents and legal guardians have two trust options for their special needs child: first-party trusts and third-party trusts. With a first-party trust, the disabled person has her or his funds or comes into an inheritance and wants to meet public benefits requirements. For third-party trusts, others fund the trust.

Medicaid and Social Security regulations and policies govern first-party special needs trusts, while third-party trusts have fewer stipulations. Rules regarding first-party trusts involve specific individuals who may establish a trust. Also, parties may only establish and fund a first-party trust until the disabled person turns 65. One advantage of the trust option is that disabled persons still qualify for public benefits.

The importance of special needs trusts

One essential reason to understand and use special needs trusts is that several public benefits programs have asset tests. For instance, Medicaid and Supplemental Security Income have an asset limit of $2,000. If a person has over $2,000 in assets, she or he cannot receive public benefits.

Special needs children and adults deserve to live life with financial peace of mind. The right estate planning tools and information help them and their parents or guardians to do just that.

How to help your parents avoid falling for an elder scam

Wed, 05 Jan 2022 04:53:33 GMT

Though your parents may not want to admit it, older adults are prime targets for scammers. This is because con artists believe the aging to be more trusting than other people.

In addition, people running scams think seniors have large retirement funds they can tap into. While this is not always the case, cons are hoping to get lucky.

Be aware of scammer red flags

Making your aging loved ones aware of the potential scams they could encounter helps keep their bank accounts intact. H oaxes targeted at seniors include requests to wire money in order to claim a prize, calls from government agencies and emergency calls or emails from a grandchild in dire need of quick cash. Let your family members know that they should check with the person or official organization before sending funds.

Avoid unsolicited calls

Many frauds on the aging population start via telephone calls. To help your family decrease the likelihood of becoming victims of such a deception, you can do several things to keep them from receiving those calls. First, you can place your parents’ names on the national do not call registry . In addition, this will reduce the number of telemarketing calls they receive.

Next, check with the phone service provider to learn how to block anonymous calls to the landline. Most cellular carriers also allow you to thwart spam calls for a nominal fee. Lastly, arm your folks with a plan for refusing the request of hoaxers.

Keeping your aging family aware of the risks of scammers can go a long way to help them fend off such perils.

Can you faced lawsuits for mismanaging an estate?

Thu, 23 Dec 2021 04:50:53 GMT

When someone names you the executor over his or her Washington estate, you owe that individual and his or her beneficiaries and creditors a particular duty of care. There are many steps involved in serving as someone’s executor, and if you fail to take some of them or otherwise make errors along the way, you expose yourself to potential litigation.

According to CNBC, you should only agree to serve as someone’s executor if you maintain a high degree of organization and have the time, attention and knowledge needed to dedicate to the task. Otherwise, you run the risk of someone filing a lawsuit against you for mismanaging the estate. For example, you run the risk of facing a lawsuit related to the following.

Mixing your money or assets with the estate’s

You must keep the estate you are overseeing and your assets completely separate. Intermingling them in any way may lead to legal proceedings.

Failing to follow the decedent’s instructions

When you accept the role of executor, you agree to act in the decedent’s interests. This means you agree to follow any clearly stated directions he or she leaves behind. Failing to do so may expose you to liability.

Exercising bad judgment

Sometimes, simply exercising poor or risky judgment is enough for a beneficiary to file a lawsuit against you.

You may be able to reduce the chances of someone filing a lawsuit against you in your executor role by working closely with an attorney and the individual who named you executor before his or her passing.

Understaffed care centers: what it means for your loved one

Wed, 08 Dec 2021 15:32:01 GMT

When you place your loved ones in a care center or nursing home, you assume that they will be in good hands. Many people move their elderly family members into a center because they are unable to provide adequate care for them at home. In fact, more than 1.4 million people currently reside in nursing homes across the country, according to PBS.org.

Like many other industries, however, the nursing home staff is in high demand and in short supply. A number of care centers cannot find adequate staff to care for the many residents, and in some cases, elderly patients may suffer as a result of the shortage.

Nursing home shortage

Data from Medicare payroll reports reveal that many nursing homes do not have appropriate staffing coverage, leaving residents to wait for needed care. In the past, nursing homes self reported staffing coverage through unverified reports. Now that the payroll reports have shed light on the situation, people can see what this means for nursing home residents who are neglected proper care.

Caring for residents

Understaffed care centers simply cannot provide the attention needed for all the residents in the home. Consequently, the number of patient falls and injuries have increased. Nursing home residents have also experienced the following as a result:

Bedsores from neglect
Late or missed meals
Bathroom accidents
Late or missed medication

Nurses and aides must bathe, dress, feed and medicate residents each day, and in some nursing home centers, there are simply not enough people to perform the tasks.

Elderly residents deserve proper care and attention and should be protected from preventable injuries and neglect.

Do all estates go through probate?

Tue, 23 Nov 2021 15:22:59 GMT

Not only are you forced to deal with the emotions of losing a loved one, but you may have to help finalize the estate. Washington and many other states in the nation require probate before the courts are able to disperse assets and property left in the last will and testament.

Whether creating an estate plan or dealing with the aftermath of a loved one’s death, it is important to know what the probate process entails and the circumstances that surround this somewhat overwhelming process.

What is probate?

Before beneficiaries receive the property left to them by the deceased, it may pass through the probate process. During this time, the court and/or the deceased’s personal representative gathers the property and assets involved in the estate and determines the overall value. Any remaining debt or expenses owed by the estate is then paid out of the estate’s value. Finally, the executor distributes the remaining assets and property to the beneficiaries named in the last will and testament.

What estates go through probate?

Not all estates must go through probate. According to Washington statutes, an estate can bypass the probate process if it involves any of the following circumstances:

Property or assets are in an account with a transferable on death notification
Estate’s net worth is less than $100,000
Property or assets are in a trust, which pays out directly to the beneficiaries

In some cases, you can plan your estate in such a way that will prevent probate once you pass. Not only does this make it easier on family members, but you can ensure your beneficiaries receive everything you want them to have.

What does elder law encompass?

Tue, 09 Nov 2021 15:18:30 GMT

As its name implies, elder law and its practitioners address all the issues that face older adults, their caregivers and their families and friends. As you and your parent’s age, you should become aware of the laws that protect you and the services available to you.

FindLaw explains that, specifically, elder law includes all of the following :

Estate planning
Health care planning
Elder rights
Elder abuse and injury

Estate planning

Estate planning is itself a very broad area of the law. With regard to its application to elder issues, it can include the following:

Making of a last will and testament
Establishing one or more trusts
Avoiding estate taxes
Avoiding probate

Health care planning

You and your parents likely have definite preferences regarding the types of medical care you want — and do not want — if you become seriously ill or otherwise incapacitated. Listing these preferences in a living will or advance care directive ensures that you remain in control of the health care you receive.

Effective care planning can likewise include signing a health care power of attorney wherein you designate the person, call your attorney in fact, who you want to make health care decisions for you in the event you cannot make them for yourself.

Elder rights

Elder law also includes protecting the rights of older adults, including the following:

Right to dignity
Right to safety
Right to privacy
Right to Medicare or Medicaid assistance

Elder abuse and injury

Unfortunately, elderly people who reside in nursing homes face the possibility of abuse or injury at the hands of other residents or their facility’s employees. Such abuse can take numerous forms, including physical, emotional and financial. Elder law addresses these issues.

Overall, an elder law attorney can help make your elder years truly golden.

Advance directives, living wills and medical powers of attorney

Tue, 26 Oct 2021 15:13:50 GMT

No one can know what the future holds but having a plan in place for the what-ifs is an important step in long-term care planning.

There are many options for ensuring family members and medical professionals are aware of your wishes.

Advance directives

Decisions about long-term care are best made ahead of time and you should consider your options earlier rather than later. One way to record your choices is with an advance directive, a legal document that provides details regarding how you want to receive care in the event you become incapacitated by a serious illness or disability.

Living wills

An advance directive is a broad category of healthcare instructions that includes many types of documents. One such document is a living will, which is specifically used in cases of a terminal illness. It outlines your wishes for end-of-life care in the event you are unable to make medical decisions. It can include religious preferences, as well as the duration of time you want to be on life support.

Medical powers of attorney

If you want to designate a loved one or another individual as the decision-maker for your healthcare needs, you may consider completing a medical power of attorney. This document is another type of advance directive. It allows you to choose an agent to make medical decisions for you if you are unable.

These examples have slight variations, making each suitable in different situations. If you wish, you can also use them in combination with each other to create a long-term care plan that suits your unique needs.

Planning for the unexpected: living wills

Thu, 21 Oct 2021 15:10:28 GMT

With no warning at all, unexpected illnesses or injuries may leave people incapacitated and in need of life-saving treatment or end-of-life care. Through advance care planning, however, people express their wishes, even when they cannot use their voices.

Legal documents, living wills allow people to specify their preferences on the types of treatments they would and would not want in life-threatening situations. If dying or permanently unconscious and unable to speak for themselves, people’s living wills take effect and guide their health care teams.

Considering the possible decisions

According to MayoClinic.org, in creating living wills , people should consider a number of factors and possible decisions. In these documents, people will dictate their decisions for receiving various types of treatment, including cardiopulmonary resuscitation, tube feeding, mechanical ventilation, dialysis, and antibiotics or antiviral medications. They also indicate the circumstances in which they would or would not want such treatments.

To help make their choices, people ought to think about their values. They may take into account things such as their thoughts and feelings on living and dying. Would they want doctors to keep them alive at all costs? Would they prefer to not receive certain care if they have no chance of recovering? Talking to their doctors may also help people determine their preferences to include in living wills.

Notifying others of a living will

According to the U.S. Department of Health & Human Services, after establishing advance directives such as living wills, people should notify others. They should tell close family members and friends where they have a copy, as well as give copies to their health care proxies if they name representatives. Additionally, people may find it helpful to give copies of their living wills to their physicians to keep in their medical records.

No one wants to burden their families should they become unexpectedly ill or injured. However, having to make decisions for them without knowing their preferences may prove a heavy and challenging task. Through a living will, people may lift this weight from their loved ones and ensure their wishes get carried out.

What should you consider when naming guardians for your children?

Tue, 05 Oct 2021 14:59:07 GMT

Knowing that if something happens to you, your children have loving and committed people to parent them can bring you peace of mind. Finding people who are the right fit to take on such a serious responsibility can cause some angst.

When you know some strategies for naming guardians, you may feel more confident about your ability to make the right selection.

Family dynamic and values

While you may want grandparents to step in if you become incapacitated, this decision may not have the most optimal outcome depending on the ages of your parents. Similarly, according to U.S. News, you cannot expect godparents to legally assume guardianship unless you have specifically requested this in a formal legal document.

One option to consider is to ask close family friends to assume guardianship. Often, you will form relationships with like-minded parents whose family dynamics and values mirror those of your own family. Knowing that your children will most likely already have a relationship with their guardians can also bring you comfort and reassurance.

Flexibility and alternatives

Changes to your children’s needs, a move across state lines, or even a breakdown in the relationship you have with the people you named as guardians, are all reasons you may need to modify your decision. When you name guardians, add enough flexibility so that you can modify your decision as needed. You should also name a backup guardian for added security.

Prior to naming a guardian, verify the person’s willingness and ability to provide for the needs of your children. With provisions in place, you may feel less concerned about the well-being of your children in an emergency situation.

How dangerous are bed sores?

Wed, 22 Sep 2021 14:56:28 GMT

If you have a loved one in a nursing home, you may pay special attention to his or her care. If you worry about the treatment he or she receives, understanding the signs of neglect may help. One of the most common injuries neglected patients suffer from are bedsores.

According to Mayo Clinic, bedsores are pressure ulcers and occur due to prolonged pressure on the skin. For example, if bedridden patients may experience pressure ulcers if the caregivers do not move them.

What are the symptoms of bedsores?

Bedsores may appear on the tailbone, backs of arms, legs, spine, and shoulder blades. For those who stay in bed, you may find them on the back or sides of the patient’s head, the hip or the heels and ankles. Bedsores look like an unusual change in skin color and texture. They also present with swelling, draining and may feel warm or cool to the touch. Bedsores have levels of severity. Some bedsores may be unbroken skin, but other bedsores involve muscle and bone.

What are the complications of bedsores?

Bedsores can become extremely painful and life-threatening. One of the most dangerous complications is cellulitis. Cellulitis is a skin infection that can worsen quickly. It may cause redness, warmth and swelling in the affected area. If your loved one has nerve damage, he or she may not feel the infection. Other forms of infection can affect the joints and bones and damage the tissue and cartilage. An infection can severely limit your loved one’s ability to move joints and limbs. Non-healing wounds can also lead to a type of squamous cell carcinoma or cancer.

Nursing homes should have staff capable of preventing bedsores.

How should you start organizing our estate plan review?

Wed, 15 Sep 2021 14:44:44 GMT

Reviewing your estate plan serves as part of the maintenance of your estate as a whole. It is something you will need to do somewhat regularly, as the relevance of your plan depends on how up-to-date it is.

This means you should also know what your goals are when it comes to reviewing your estate plan, along with how you will achieve them.

Break it down to the basics

Forbes takes a look at how you can potentially organize an estate plan review . They start by pointing out ways that you can begin to prioritize parts of the plan to tackle first. After all, an estate plan can be large task, and depending on your circumstances, reviewing the entire thing could end up a painstaking process that could span months even with the best of help.

Instead of going through everything with a fine-toothed comb, break down your plan into the basics and tackle whatever you think is the most likely to have undergone changes over the years. For most people, this will often include your beneficiaries and assets.

Focus on beneficiaries and assets

Beneficiaries involve anyone who has something to gain from your estate after your death. Beneficiaries written on your will serve as one group, but this also includes anyone on your insurance policies or other beneficiary designation accounts and people you have included in any trust you might create.

Assets can fluctuate negatively or positively, but if you come across a particularly big change, you will likely want to document it. After all, you cannot give away something you no longer have, and you do not want unclaimed assets sitting in your estate. Equally important, this may impact the overall proportions of assets you intended to distribute in your original planning.

You can enlist legal help if you want to work on prioritizing your review. After all, experts suggest you do a review every three years, which means you will likely do quite a few of them.

3 key components every state plan should have

Wed, 01 Sep 2021 13:05:32 GMT

Many young people in Washington delay making estate plans. Sometimes, they do so because they fear it takes too much time or because they question whether they have enough to warrant one. If you count yourself among those who have yet to make an estate plan, know that you do not necessarily have to spend considerable time and money on yours to make it effective.

Instead, Bankrate notes that a simple, straightforward estate plan may still help ensure that your wishes come to fruition and that your loved ones avoid probate court or minimize associated expenses. A simple, yet strong estate plan may contain the following three documents.

A will

Your will gives you an avenue through which to leave certain assets to chosen beneficiaries. Even if you include no other components in your estate plan, try to include a will so that you do not die “intestate,” meaning you leave matters up to the courts.

A financial power of attorney

A financial power of attorney helps ensure that you do not leave any loose ends when it comes to your finances. Giving someone power of attorney gives them a way to access your accounts, pay your debts and otherwise tend to your financial needs.

An advance medical directive

An advance medical directive, such as a health care power of attorney or living will, provides information about what you want to happen to you if you suffer incapacitation and are unable to make your wishes known with regard to medical care.

The earlier you start working on your estate plan, the more time you may have to revisit it, update it and make sure it continues to serve your needs for years to come.

What washington residents should know about tedra

Fri, 27 Aug 2021 13:02:24 GMT

The Trust and Estate Dispute Resolution Act establishes the process Washington uses to resolve estate and trust conflicts. The state strives to mediate these issues outside of court.

Understanding the key tenets of TEDRA can help inform your estate plan or guide the next steps when you have a dispute about a family member’s estate.

Issues resolved by TEDRA

Some of the estate and trust situations that fall under TEDRA jurisdiction include the following:

A person dies without a will and family members disagree about intestate succession
Suspicion of invalid asset transfers
Estate claims by a creditor or third party
Estate claims by a survivor left out of a will
Questions about whether a will exists or is valid
Questions about the deceased person’s competence when making or changing a will.

TEDRA does not apply to probate matters.

The TEDRA process

TEDRA helps settle trust and estate disputes outside of court. Participants involved in this type of conflict can negotiate an independent agreement, undergo mediation or attend an arbitration. With mediation, a neutral party facilitates the negotiation process between the parties. During arbitration, a private judge hears each participant’s case and makes a decision.

The process begins when someone files a Washington state TEDRA petition, which names other parties to the dispute. These parties will receive official legal service and have a chance to respond. The court may appoint representatives to act on behalf of children and others who cannot participate independently.

Carefully weighing each option can help ensure TEDRA negotiations that serve the needs of all involved parties.

Why should I not put my adult child on the deed to my home?

Mon, 16 Aug 2021 12:56:57 GMT

A lot of estate planning is for the purpose of avoiding probate or minimizing the amount of time that assets spend there. This makes sense: after all, if the assets are in probate they cannot benefit your beneficiaries.

However, some gambits for avoiding probate are smarter than others. Some Americans wonder if putting an adult child or other responsible individual on the deed to their home is a good idea since it does involve skipping probate. However, according to InCharge, this is almost never a good idea .

How does this help skip probate?

Putting another adult on the deed to your home relies on “joint tenancy.” Essentially, if two adults hold a home in joint tenancy and one of them dies, the other gets the house automatically. The property does not go through probate.

What are the pitfalls?

Just because you put a loved one on the deed to your home does not necessarily mean that they will enact your wishes after you die. For instance, if you decide to put your responsible oldest child on the deed to your home with the stipulation that once you are dead they will sell the property and split it, this does not mean it will come to fruition. The child may choose to keep all of the money for themselves.

Additionally, any property you hold jointly with somebody may be at risk if one of the owners is in trouble with the IRS. The IRS may choose to come after the house for unpaid taxes. For instance, if the IRS forces the sale of the property, both parties will get a part of the sale, but you will lose the home.

What are the two types of living trust?

Mon, 02 Aug 2021 12:54:23 GMT

The majority of Americans understand the purpose of a will. However, fewer people are familiar with the role that living trust can play in a complete estate plan.

The correct use of a living trust can help your heirs avoid probate, and in some cases may help your estate avoid estate taxes. According to Experian, the two major varieties of living trusts are revocable and irrevocable .

The revocable trust

The major benefit associated with revocable trust is avoiding probate. Probate is an expensive process and also happens to be part of the public record. Many Americans would prefer their heirs to have their inheritance right away, and not need to wait for years for assets to go through probate.

Probate’s public nature is also off-putting too many. If you put things in a revocable trust they remain your personal property until your death. You can also make as many changes as you would like to a revocable trust until death.

The irrevocable trust

The main purpose of irrevocable trusts is to have whatever asset you put into the trust avoid estate taxes. Irrevocable trusts differ from revocable trusts in that anything you put inside of an irrevocable trust becomes the property of the trust itself. Additionally, you cannot make any changes to an irrevocable trust once you file the paperwork.

Additionally, creditors cannot go after anything inside of an irrevocable trust since it is not your personal property once you place it in the trust. However, if the government finds that you created an irrevocable trust for fraudulent purposes there are penalties for this.

Probate and paying estate taxes

Mon, 19 Jul 2021 11:11:20 GMT

If you are preparing for the probate process as the executor of your loved one’s estate, there are different issues you need to consider, from notifying creditors to distributing assets. However, you could have to deal with estate taxes, depending on the value of your loved one’s estate.

If you need to pay estate taxes, it is vital to understand your obligations and the way in which you can approach filing an estate tax return.

Paying estate taxes in Washington State

According to the Department of Revenue, an executor must file an estate tax return if the gross estate surpasses the filing threshold ($2.193 million in 2021). If a federal estate tax return is necessary, as the executor you have to include a copy of Federal Form 706 when you file estate taxes in Washington State.

Executors must file an estate tax return and make an estate tax payment within nine months after the decedent dies, or else interest will accumulate. If you need additional time to file an estate tax return, you can apply for an extension.

Applying for an extension to pay estate taxes

The DOR reports that executors can file for an extension that gives them six additional months to file an estate tax return in Washington State. However, this extension does not give executors more time to pay estate taxes that are due. The DOR suggests that executors include an estimated tax payment when they file for an extension.

The probate process is often very complex and can generate confusion as well as negative emotions. Make sure you understand your options and work through probate carefully.

How to choose an executor for your estate

Wed, 07 Jul 2021 11:07:11 GMT

Not many people want to think about what happens when they die, but when it comes to estate planning, it is important. One of the factors to consider is who will manage your estate, and you should choose this individual, known as the executor, with care.

The role of executor is significant, and it takes quite a bit of time and effort.

Duties and responsibilities of the executor

According to CNBC, managing an estate requires a wide variety of responsibilities . Along with filing the will with the court, common duties include:

Locating, valuing and securing named assets
Locating and informing heirs
Paying bills and debts of the estate
Maintaining the estate’s property
Distributing assets
Filing and paying taxes of the estate

The time it takes to close an estate ranges from an average of 4 months to 3 1/2 years, depending on the size and complexity of the estate.

Traits of a good executor

One of the important traits of an executor is trustworthiness, as you are entrusting him or her with a lot. According to AARP, organization is another trait that makes the role of executor easier. The individual should be able to prioritize tasks, maintain records, make to-do lists and create spreadsheets. It helps if the person lives near the estate, as there will be numerous trips to any property owned by the estate and possibly the courthouse. The individual should also have the time to focus on carrying out the will’s instructions.

It helps if the executor has financial or accounting knowledge, but it is not imperative. The executor may choose to hire professionals to help with certain aspects of estate management. It is also possible to name co-executors, although these two should be able to work well together.

Brothers & hendersons, p.S. Welcomes brittany s. Lumia to the firm

Mon, 28 Jun 2021 11:04:27 GMT

As part of our continued growth, Brothers & Henderson, P.S is pleased to welcome Brittany S. Lu mia to the firm as an Associate. Brittany received her Juris Doctor from Seattle University School of Law in 2016 and graduated from Arizona State University with a Bachelor of Science Degree in Political Science in 2011. Prior to joining Brothers & Henderson, Brittany worked as an estate planning and probate Associate at Hart Schoener Bliss, PS. During law school, Brittany was a legal intern for the Indian Estate Planning Project working with the Puyallup Tribe and a Student Attorney for the Federal Tax Clinic at the University of Washington School of Law.

Brittany focuses her practice on estate planning, trust and estate administration, gift and estate tax, and transfers of real property. She counsels individuals and families on their personal planning needs, in both tax and non-tax aspects of estate planning and advises fiduciaries on their duties in trust and estate administration matters.

Brittany was born and raised in Scottsdale, Arizona, and relocated to Seattle in 2013. Brittany enjoys watching football (Go Sun Devils!), traveling, and golfing with her husband. Please join us in welcoming Brittany to the team!

Know the common scams that target older adults

Thu, 24 Jun 2021 11:01:46 GMT

Financial scammers often victimize older adults. Understanding the red flags of common senior scams can help you keep your parent or other loved ones safe.

Review these characteristics of a financial scam so you can take action if necessary.

Grandchild scam

With this scenario, the scammer pretends to be a grandchild in trouble. He or she asks the grandparent for money and requests that they keep the problem a secret. Usually, the person perpetrates this scam on the phone and asks for either a money transfer or gift cards.

Dating scam

If your family member uses social media or dating apps, he or she may be at risk for scams. Often, someone from another state or even outside the U.S. poses as a potential romantic partner. He or she may solicit money or gifts while making up excuses to cancel planned video chats and visits. With this type of scam, also called catfishing, the scammer uses fake pictures and typically requests a large sum of money to resolve a legal problem or purchase plane tickets.

Health insurance scam

Seniors may find that scammers target their Medicare benefits . They may contact older adults by phone or email and attempt to get personal information by claiming the member’s benefits are in jeopardy. They might claim to be a billing firm working for Medicare and collect premiums or sell “new supplemental policies.”

The National Council on Aging reports that American seniors lose more than $3 billion to financial scams like these every year. Knowing the risks provides an important level of protection.

Education may prevent elder abuse from worsening

Wed, 23 Jun 2021 10:03:58 GMT

Elder abuse can have detrimental effects on a person’s overall health and well-being. Ongoing mistreatment may result in life-threatening outcomes. 

When families understand what elder abuse looks like and how to prevent it, they may reduce their loved one’s risks of suffering. Consistent and informative education may help families identify warning signs of mistreatment before it is too late. 

Types of abuse

Many people think of physical abuse when they hear stories of elder abuse. However, abusive behavior can take on many forms. According to the National Center on Elder Abuse, mistreatment of elders may include any the following:

Isolation
Manipulation
Sexual assault
Unsanitary living conditions
Identity theft

Signs of abuse

Equally as important as knowing the types of abuse is for families to recognize the warning signs of mistreatment. Upon recognition of concerning behaviors, families should intervene promptly to prevent mistreatment from happening again. According to the U.S. Department of Health & Human Services, National Institute on Aging, families should watch for changes including the following:

Weight loss
Unexplained injuries
Personality swings
Disheveled appearance
Unpaid bills
Agitation

Families should use care when selecting people to provide medical and personal services to their aging loved ones. Caretakers should have proper certifications and exhibit qualities including compassion, empathy, patience and respect. Families can also establish regular visitation patterns to monitor their loved one’s appearance and demeanor. Showing up unannounced is another strategy for families to assess the living conditions of their loved ones. With an awareness of abusive behaviors and warning signs, families can protect their aging loved ones from mistreatment. 

Brothers & hendersons, p.S. Welcomes katie marrs to the firm

Tue, 22 Jun 2021 10:00:40 GMT

As part of our continued growth, Brothers & Henderson, P.S, is pleased to welcome Katie Marrs to the firm as Associate! Katie was admitted to practice in the State of Washington in 2017. She earned her Juris Doctor from the University of Washington School of Law in 2017 and a Bachelor of Arts in English and Law, Societies & Justice from the University of Washington in 2014.

Ms. Marr’s practice focuses on elder law, Medicaid and VA long-term care planning, guardianship, estate and trust planning, and estate and trust administration. Ms. Marrs is a member of the Washington State Bar Association’s Elder Law, Real Property and Probate and Trust Sections. Additionally, she is a member of the King County Bar Association’s Guardianship, Elder Law and Real Property, Probate & Trust Law Sections as well as the Washington/National Academy of Elder Law Attorneys. Ms. Marrs also volunteers for the Washington State Chapter of the Alzheimer’s Association.

While not at work, Ms. Marrs enjoys spending her time with her husband, Caleb, and their two cats. They spend their weekend’s skiing, hiking, and camping with family and friends. Please welcome Katie to the team!

Seeking guardianship of your aging parents

Mon, 14 Jun 2021 09:57:29 GMT

Watching your parents age can bring bittersweet moments and feelings of concern about their well-being. When their health reaches a point where you feel worried about their ability to safely care for themselves, you may consider acting as a guardian for them.

The role of a guardian requires patience, compassion and integrity. You will also benefit from having organizational skills and the ability to communicate effectively.

Identifying a need

Prior to your parents’ decline, you may consider discussing their wishes to determine that you can sufficiently meet their needs when the time comes to hire help. Prematurely appointing a guardian for your parents could cause emotional turmoil and put a strain on your relationships. Knowing when your parents have reached a point where they could benefit from guidance can help you make a confident decision on their behalf.

Circumstances under which you may consider petitioning for guardianship of your parents may include their incapacity to make competent financial decisions or their refusal to move to a care facility. Any situation where you feel that your parents declining health will endanger their well-being is one when you may want to seek guardianship.

Responding with empathy

Accepting that you will take over primary care responsibilities can be difficult for your parents. Recognizing their decline in independence and allowing time for grief to run its course will require you to show extra compassion and unconditional love. According to aginginplace.org, empathy is one of the most important qualities of an effective caretaker .

Your ability to empathize with your parents and provide resounding support and encouragement can help them adjust to their new normal. With a legal guardianship in place, you can help your parents continue to enjoy their life.

When should you file a guardianship of an elder?

Tue, 08 Jun 2021 09:52:33 GMT

While you may want to encourage and support your parents’ wishes to remain independent, questionable decisions or conduct may have you feeling concerned. As your parents age, deterioration of their health may impact their ability to make coherent and responsible choices.

You have a few options to consider in regards to facilitating the decision-making process including the establishment of a power of attorney or a special needs trust. Knowing under what conditions to petition for guardianship can help you to protect your parent’s well-being.

Incapacitation

Even though your parents may feel that they can still make their own decisions, their health may interfere with their ability to make effective choices about their future. According to the Washington Department of Social and Health Services, signs of incapacitation may include the following:

Your parents cannot effectively care for personal needs
Your parents can no longer manage financial affairs
Your parents inadvertently compromise their safety

Stubbornness

Another reason you may want to petition for guardianship of your parents is if they refuse to do things that will protect them from harm. For many aging adults, the loss of independence is one of the most challenging fates to accept. Your parents may refuse to participate in certain things simply because they do not want to.

For example, if you need regular and reliable help caring for your parents you may consider a nursing home facility. If your parents refuse to go to a nursing home, you may need to petition for guardianship of them so you can legally facilitate the move. Because obtaining guardianship is often a sensitive topic, approach conversations with genuine concern. Highlight how your participation in making critical decisions can improve their safety and well-being so they can continue to live fulfilling lives.

When you should review your estate plan?

Mon, 10 May 2021 09:44:05 GMT

After creating your estate plan, it is likely a load off of your shoulders. But unfortunately, managing your estate does not end with the creation of this plan. In fact, you must stay on top of updating it indefinitely.

In order to update your plan, you need to do an occasional review of it to see what areas have changed and in what ways you need to tweak them. But just how often should you do this?

Finances

Forbes discusses reasons to update your estate plan . They often tie to finances or changes among the people you list in the plan. For example, what if you come into a huge sum of money through inheritance, the lottery or other means? What if instead, you end up falling into debt and losing a number of assets you previously promised others? If that happens, you want your estate plan to reflect the changes.

Loved ones and beneficiaries

The same goes for the people mentioned in your plan. What happens if a loved one passes away? What happens if you get a divorce from your current spouse, or remarry? What if you adopt or give birth to a child? What if a relative or loved one simply grows estranged for whatever reason? You want to ensure that the right people inherit your assets, and that you remove the people you do not want involved.

No big life changes

But if there are no significant changes in your life, what should you do? In this case, it is fine to do a quick at-a-glance review once every three or so years. This can help you refresh your memory without you having to delve deeply into the nitty gritty details of the plan when you do not need to.

3 reasons to create a special needs trust for your child

Wed, 05 May 2021 09:41:41 GMT

Many people believe that a will is the best way to provide for their loved ones once they’re gone. While a will offers many important benefits in establishing an asset management plan after death, there are some circumstances under which a trust is a better option for your loved ones.

If you have a loved one with special needs, setting up a special needs trust (SNT) can offer huge advantages over setting up direct inheritance. This type of trust is specifically designed with the needs of a special needs beneficiary in mind. Below are three core benefits of an SNT.

It’s not technically income. This is an advantage if your child benefits from subsidized housing, Medicaid or other Supplemental Security Income (SSI) support. If a beneficiary’s income is too high, they could become ineligible for SSI. However, by putting your assets in an SNT, the special needs beneficiary is not technically the owner of the assets.
You can enhance your loved one’s life. There are specific restrictions on the ways in which money in an SNT can be spent. However, it’s not strictly used for purchasing basic necessities, either. It can also help fund a higher quality of life for your child – beyond what is provided through government benefits. You can use a special needs trust to fund things like hobbies, vacations and furniture in addition to extra support, such as hiring a one-on-one caregiver or a physical therapist.
You can create and fund it while you’re still alive. Unlike a will, you can put a special needs trust into effect while you’re still alive. Doing so can help alleviate your own responsibilities as well as ensure that your trustee acts in the way you’ve instructed.

As with a will or any estate plan, you want to be absolutely certain that your special needs trust is legally valid. An experienced estate planning attorney who understands the nuance of the law is an important asset in creating such a document.

What if my mother hates the nursing home?

Tue, 27 Apr 2021 09:39:32 GMT

Figuring out that your mother needs to move into a nursing home is difficult on everybody. Often, deciding on the best nursing home for your budget and your mother’s needs is a multi-month process.

As a result, if your mother states that she does not like her nursing home it can be heartbreaking. However, you should always do your due diligence before making accusations or moving your mother. Particularly, take the time to independently evaluate common complaints like roommate conflicts and food-related issues.

Roommate troubles

In the event that your mother and her roommate do not get along at all, a reputable nursing home will try and make a roommate swap if at all possible. However, keep in mind that if your mother has lived on her own for several years, adjusting to any roommate, no matter who it is, may be a major adjustment.

Encourage your mother to try and work things out with her roommate at first brush. It is possible that the differences are irreconcilable, but unless you can afford a single room your mother will have to have a roommate of some sort.

Food issues

Particularly if your mother is a picky eater or likes specific ethnic cuisines, it is unlikely that even the best nursing home food will be up to her standards. Consider trying to visit the nursing home once or twice a week to eat dinner with your mother. This will allow you to ensure that the food is nutritious and adequate. It will also help your mother adjust: it may be less about the food at the nursing home, and more about the company.

Choosing a health care proxy

Thu, 22 Apr 2021 09:37:27 GMT

Unexpected illnesses or injuries or simply the effects of age and time may bring about situations in which people can no longer speak or make decisions for themselves. Having advance care directives in place may help them indicate their preferences for medical care in such circumstances. However, naming someone to act as their health care proxy, or to make decisions on their behalf, may give people peace of mind that should the worst come to pass, the physicians treating them and their families will abide by their wishes.

Considering some factors as they prepare to make their choice may help people to select the right person to name as their health care proxy.

Do they share the same views and values?

According to the U.S. Department of Health and Human Services, part of advance care planning may include naming a health care proxy. In making this decision, people may find it helpful to consider whether their potential choices share the same medical decision and life views and values. For example, someone who does not wish to have life-saving measures such as cardiopulmonary resuscitation performed may not benefit from choosing a pro-life family member to serve as a health care proxy.

Will they struggle with end-of-life choices?

According to the Washington State Department of Social and Health Services, when naming a health care proxy , people may consider whether their potential candidates may struggle to make end-of-life choices. Some family members or friends may find it too difficult because of the shared emotional connection to make decisions that may result in death. This may include, for instance, carrying out people’s wishes not to receive CPR or have a defibrillator used in the event their hearts stop.

Will they speak up?

When choosing a health care agent, people may also consider the personalities of those they may ask to take on this responsibility. Questions may come up or family members may need clarification on things. As such, people may consider whether the person they choose will stand up for their rights and speak up if they need a better explanation or answers before making decisions.

Ultimately, the decision of whom to name as their health care agents lies with those making the choice. People must make their selections based on who they feel most comfortable entrusting with such important life-and-death responsibilities.

Signs an elder loved one should no longer drive

Mon, 12 Apr 2021 09:31:20 GMT

Your parent has been driving for 60 or more years. In the past few months, though, you suspect he or she can no longer safely operate a motor vehicle .

Review these signs that an older family member should hang up the car keys to avoid serious auto accident injury.

Cognitive symptoms

Your parent may struggle to navigate the roads if he or she becomes confused, agitated or easily distracted . Some elders become afraid to drive and lose confidence after one or more minor incidents. Others may be unable to respond quickly to a hazard in the road.

Vehicle red flags

Do you notice that your parent’s vehicle has new dents, scratches and scrapes? Sometimes, he or she does not remember how these dings occurred. You might also find out that your parent has had recent fender benders or traffic tickets, even if he or she has always been a safe driver.

Driving signs

If you have concerns, try taking a ride in the car with your parent. You may notice that he or she:

• Drives too slow or too fast

• Fails to stop at red lights and intersections

• Needs an environment without normal distractions such as road noise to concentrate on driving

• Gets angry at other drivers or even shows “road rage”

• Has difficulty seeing traffic and road signs

• Lacks the strength to turn the wheel precisely

• Confuses the gas and brake pedals

If you or other family members notice that an older loved one displays these issues, you should start the conversation about finding other modes of transportation.

Intestate succession in washington

Fri, 09 Apr 2021 09:27:24 GMT

Most people in Washington may simply assume that their loved ones will get around to creating their estate plans (without any prompting whatsoever). Yet statistics show that is often not the case. Indeed, according to information shared by Forbes Magazine , less than half of American adults over the age of 55 do not have a will. 

The same source, however, shows that over 90% of that same population does not feel reluctant about talking over end-of-life issues with friends and family. Why, then, would so many not see to their estate planning instruments? Many may simply assume that if they do not outline the dispersal of their assets, that task will fall to their beneficiaries. That is not the case. 

Dispersing intestate estates

When one dies intestate (without a will), state law determines who receives what from their estate. In such a scenario, Section 11.04.015 of the Revised Code of Washington states that the surviving spouse of the decedent receives all of their assets if the decedent leaves behind no issue (direct lineal descendants) or surviving parents. That interest reduces to 50% of the estate of the decedent does have surviving issue, or 75% of the decedent leaves behind parents or siblings. 

The hierarchy of intestate succession

If the decedent does not have a surviving spouse, then their estate would pass in the following order: 

To their issue
To their parents
To their siblings (and their issue)
To their grandparents
To their paternal and maternal kindred (divided equally)

One will notice that Washington’s intestate succession laws leave no allowances for anyone not biologically related to the decedent. Should one want such a party (e.g. a friend, coworker or charitable organization) to benefit from their estate, they need to specify that desire in a will. 

Where should I start with special needs planning?

Wed, 24 Mar 2021 08:03:52 GMT

As a parent of a child with special needs, you probably plan ahead all the time. Depending on your child’s needs, you may start every day with a plan to ensure things run smoothly.

It is likely difficult for you to imagine how your child would survive without you to help him or her, but that is something you must think about for the welfare of your child. As soon as you know you have a special needs child, you should begin thinking about what will happen after your death.

Think long-term

It is essential as you begin special needs planning that you think long term. “KidsHealth” from Nemours explains that creating a special needs trust is one way to do that.

Your child may receive benefits through many different programs such as Supplemental Security Income (SSI) and Medicaid. Such programs work off of income and assets, so you have to be sure your child’s income and assets do not prevent him or her from receiving those benefits.

A special needs trust will help with that, but you have to put one in place. Without a trust, your child may receive his or her inheritance in a way that would impact the eligibility for those programs.

Think needs

It is important that you consider your child’s needs today and in the future. Will he or she have limitations on his or her ability to make decisions? If not, you have to ensure there is a guardian in place who can provide the necessary care and oversight.

You also should consider writing up a guide to caring for your child. A binder is helpful that contains all of the important information, such as medications, doctor’s phone numbers and other details, that will allow someone else to easily step into the daily care of your child.

If you fail to leave a plan in place, it will impact your child. So, it is never too early to get things in place.

What areas of your estate plan should you focus on in review?

Fri, 19 Mar 2021 07:59:54 GMT

When attempting to review your estate plan, you can easily feel overwhelmed or even lost. After all, it took you a long time to build the plan. Looking over it once every few years may feel like a daunting task.

Fortunately, there are ways for you to streamline it and make it easier on yourself. You can start by knowing what areas of your estate plan to focus your attention on during an average review.

Beneficiaries and important figures

Forbes looks into which parts of your estate plan you may wish to prioritize. This counts primarily for the reviews experts suggest you do every three years. If you need to review your estate plan due to specific life changes, you do not need to follow these guidelines.

First, you want to focus on key figures. This includes beneficiaries, your health care proxy and your power of attorney. Make sure you know who is on your life insurance policies. Go through all of your joint accounts and retirement fund. Now is the time to get rid of anyone you do not want inheriting your money.

Your power of attorney and health care proxy are key figures, too. They will manage your end of life situation up until your death, at which point your will kicks in. Until then, they make financial and health decisions on your behalf. Thus, you want to trust them to make these crucial calls.

Vital components to the plan

Speaking of, you also want to check vital parts of your estate plan like your will. Your trust also falls into this category. By examining the core components, you ensure your estate plan fulfills your needs without taking too long to look it over.

Reviewing some perks of special needs trusts

Wed, 17 Mar 2021 07:57:11 GMT

As the parent or close relative of a loved one with special needs, you have an array of factors to explore when creating an estate plan. Focusing on the long-term impact of your estate plan with respect to your loved one with special needs must remain a top priority. Fortunately, special needs trusts offer a variety of benefits for families that have a loved one with a disability.

Before setting up a special needs trust, you must review the various advantages that come with taking this route and consider your other estate planning options.

How do special needs trusts help the disabled?

There are multiple ways in which special needs trusts support disabled individuals. Disability Rights Washington draws attention to multiple benefits associated with special needs trusts . These trusts do not interfere with a disabled family member’s ability to retain his or her ability to stay eligible for critical government benefits. In other instances, some people with special needs lose access to these benefits as a result of assets they acquire from a loved one’s estate plan. For example, if your loved one receives Medicaid or Supplemental Security Income (SSI), a special needs trust could help prevent them from losing their eligibility. Special needs trusts also provide a system to manage money on behalf of a disabled individual.

How should you approach the process of creating a trust?

If you have determined that a special needs trust is the right move for your family, carefully go over the steps that come with this option. Moreover, it is often helpful to discuss these issues with other family members and your disabled loved one, if possible.

Create a long-term care plan in advance

Wed, 10 Mar 2021 07:55:01 GMT

While many adults know that they need a long-term care plan, they may keep putting off the planning process. However, people should create a plan before they become seniors.

According to CNBC, people should start planning for their long-term care while they are still in their 40s and 50s. People do not always know when they will need their care plan. An illness or a disability may require someone to use this plan earlier than expected. In this situation, people need all the elements of their care plan to be in place already.

How much will long-term care cost?

The cost of long-term care depends on the type of care people want to receive. One study reports that 96% of people would prefer to stay in their homes as they age, while 93% plan to reside in an assisted living facility. In 2017, hiring a home health aide cost $49,192 on average. Seniors paid $97,455 annually for their own room in a nursing home. Experts suggest that these expenses will be significantly higher by 2027.

Many people may expect their health insurance and Medicare benefits to cover the cost of their care. However, they may need access to more resources. Some people may decide to invest in long-term care insurance to fill this gap. This protection may be most affordable if people purchase it when they are younger. If people create their care plan early, they can ensure that they have the necessary financial resources to afford their preferred care.

What kind of care is available?

People also need time to fully understand which resources are available to them. According to the Mayo Clinic, there are several different kinds of care that seniors might receive. Adults may live in retirement communities or receive care at home. What types of senior housing are available in their neighborhood?

Which nursing homes provide high-quality care? What kind of care do people think they might need as they age? These are some of the questions people should consider.

If people create their long-term care plan early, they can ensure that all the essential elements are in place long before they need them.

Protect your parent from tax scams this season

Thu, 04 Mar 2021 13:19:13 GMT

Unscrupulous individuals often prey on the elderly, and tax season provides an opportunity for them to do so. Understanding common tax scams can help you protect your parent from financial loss.

Review these warnings from the IRS about scams to watch out for during this tax season.

The unpaid tax scam

Phishers use this robocall technique to demand wire transfers, prepaid debit cards and other forms of payment for “past-due taxes.” The recording typically threatens to cancel the person’s Social Security number unless he or she immediately pays the caller the specified amount.

The IRS will contact a taxpayer through the mail if he or she has unpaid taxes. If your loved one thinks they have a tax bill to settle, they can contact the IRS directly and should not make any payments to a robocaller.

The natural disaster scam

With this method, callers solicit bogus donations after natural disasters and other tragic events. The IRS warns taxpayers to make sure that all charitable donations go to legitimate organizations. Your parent could lose his or her generous donation and the associated tax exemption.

The fake tax preparer scam

Make sure that your loved one chooses a reputable accountant if he or she needs tax preparation help. So-called ghost preparers may charge high fees to prepare tax returns without registering with the IRS as a paid preparer. They may divert the taxpayer’s refund into their own account, then disappear.

Remind your family member that the IRS will not text, email or contact them through social media. They should not give out personal information, especially financial details , in these types of messages or over the phone.

Drafting and validating a living will in washington

Wed, 03 Mar 2021 13:11:16 GMT

No one wants to consider the possibility that a medical emergency may arise. Yet, there is always a chance that you will become incapacitated. A Washington living will allows you to dictate what you want to happen in the event that you are unable to vocalize your wishes.

A living will also gives your loved ones something to reference in the event that the unthinkable happens. Detailing what you want may lower their stress levels by helping them see that they are acting in line with your interests. When drafting and signing your living will, you must follow certain protocols for it to be valid.

What are living will requirements ?

For your living will to be legal, you must be at least 18 years of age and of sound mind. Also, you need to have two witnesses present upon signing. Neither witness may stand to inherit anything from you, and neither may be a relative of yours. Once you and both of your witnesses have signed the document, it becomes valid.

When does a living will take effect?

A living will comes into play only when you are close to death, permanently unconscious or otherwise unable to verbalize your own desires with regard to your health care. Also, a physician either has to confirm that your condition is terminal, or two different doctors must assert that you are in a state of permanent unconsciousness.

You may use the living will to express your wishes with regard to palliative care and dictate whether you want doctors to keep you alive through artificial means, if necessary, among other topics you might address.

What should you include in a special needs care plan?

Wed, 24 Feb 2021 13:08:15 GMT

When you have a child with special needs, you may worry about what will happen if you become incapacitated. Putting together a care plan can give you peace of mind.

According to the Seattle Children’s Center for Children with Special Needs, a care plan is a comprehensive document that conveys the most important information about your child. It helps people understand how to provide the necessary care and what resources are available to them.

What information does the caregiver need?

A care plan should include all the information someone would need to take care of your child. This includes the following medical information:

Medications and dosages
Medical regime, including physical therapy and check-ups
Emergency treatment

Additionally, you should include personal information about your child. Does he or she have allergies? What kind of tasks require assistance? The more information you can provide, the better other people will be able to step into this role smoothly.

Who needs a copy?

Once you create your care plan, you should share it with all the other people who provide services to your child. These people should know who you have authorized to be your child’s caregiver. For example, teachers should all have a copy. Additionally, doctors and therapists should have access to it. Ask yourself who will provide other types of care in an emergency. These people should all receive a copy as well.

As you distribute your care plan, you should encourage people to reach out to you if they have questions. This ensures that they will be ready to step into the role of a caregiver if you are suddenly incapacitated.

How do you discuss your will with your loved ones?

Wed, 17 Feb 2021 13:06:01 GMT

In life, you invest your time toward cultivating and maintaining your estate. To maintain this after your death, you put just as much thought into your estate plan and will.

But after you create it, you cannot just let it sit. You should consider discussing it with your family and loved ones.

Prepare for a tough conversation

Market Watch discusses how to broach the topic of your will . They acknowledge the fact that this is going to pose as a draining conversation for you and your loved ones. It may even agitate them to the point that they lash out. They may not want to have this discussion at all.

As such, your first step should be to bring the issue to their attention long before you have the actual conversation. Let them know that you want to talk to them about your will. Explain your reasons for wanting this. Be prepared to field questions and offer counter-arguments.

Next, break the discussion up into several chunks. Experts believe this is better than trying to have one big discussion that hits every topic you want to cover. It gives everyone time to digest the information you provided.

Keep an open mind

They also suggest that you remain open to feedback. This is a hard thing to do, especially if you have already worked for a long time on your will and estate plan. But beneficiaries and family members often have good ideas that you may have overlooked while working on your own.

Experts finally suggest you tackle this sooner rather than later. This gives your loved ones more time to adjust, while providing you with more time to fix any issues and streamline your plan.

Choosing a good trustee

Wed, 03 Feb 2021 12:40:57 GMT

When it comes to appointing a trustee, there are a few things you may want to consider.

While choosing your closest friends or family members may be your initial thought, these considerations can help you determine if they are the right fit.

Are they good with money?

The purpose of a trustee is to manage the assets in your trust according to your wishes. If your close friends and family members are not good with their own personal money, your trust could suffer under their control. According to an article on Forbes.com, family members who live from paycheck to paycheck may not be the best choice for a trustee .

Do they have family biases?

In addition to being smart with money, your trustee should avoid family biases. It is crucial for them to treat your heirs fairly. For example, if your trust allows heirs to receive loans from the trust, your trustee should extend that privilege to all beneficiaries. Lending money to one heir but not another may create problems within the family and could cause resentment.

Are they trustworthy?

Although this may seem obvious, you will want to choose a trustee that is honest. They will be responsible for managing money and it is essential that they abide by your wishes. This includes either taking a fee for their services or not. If you think family members may misrepresent your wishes, it is best not to choose them as trustees.

For some people, it is easier to choose a fiduciary service instead of friends or family members. While they may cost more in fees, it is generally worth the peace of mind that they can bring. Not only are these unbiased parties, but contracts also legally bind these service providers to uphold your wishes.

How can you talk to your family about your will?

Wed, 27 Jan 2021 12:38:53 GMT

You put time, effort and money into your estate. You also put the same amount of care into your estate plan and all that goes along with it. But when it comes time to tell your family, are you ready?

Many people struggle to talk to their families about their estate plan. In particular, they struggle to discuss their will. But how can you do it anyway?

Why are you afraid to discuss your will?

The Guardian discusses what to do if you are afraid to discuss your will with your family. First, identify where the fear is coming from. For some, discussions of wills and estate plans highlight one’s mortality. This is difficult both for you and your children and loved ones.

Emotionally charged conversations like this can lead to disagreement among family members. For these reasons, you may feel hesitant to bring it up in the first place.

But discussing your will allows you to clearly communicate your wishes to your loved ones. This helps you smooth over any potential misunderstandings before they happen. It allows the transference of assets and estate to go seamlessly when the time comes. It cuts down on the surprises – both negative and positive – that they may face while also dealing with their grief.

How do you tackle the subject?

So how can you do it? First, set aside a specific time to hold the discussion. No one wants a sudden talk about estate plans and wills. You do not want to rush through the discussion either, so you should choose a time where everyone is free for at least a couple of hours.

Before your talk, outline what points you will cover. Going into the discussion knowing what to expect may help your loved ones out. Plan what you will say in advance. Be prepared for emotional reactions. Finally, understand that difficult conversations now will save your loved ones trouble later.

Guardianship — a major decision

Fri, 22 Jan 2021 12:35:39 GMT

Guardianship is a powerful legal relationship. In terms of elder law, you would probably establish a guardianship to make decisions for parents or grandparents who can no longer manage their own affairs.

There are a number of questions that you might ask yourself — and that the court will probably ask you, for that matter — before you pursue this option. Even if your challenges seem immense, there could be alternatives.

Would something else work?

One of the central elements to most guardianship cases is determining whether this change in status is the only option. Others might include:

Special needs trusts
Representatives for managing government benefits
Powers of attorney

The court would want you to consider these first because they are less restrictive on the liberties of the person you are taking care of. Having one or more of these already in place, with insufficient results, might be a good indicator that you need a guardianship.

Would there be opposition?

You might also want to consider the human factor. Various people, primarily family members, might object to your intent to become a guardian. They could have the right to take action that delays or disrupts your attempts. In short, serious opposition would probably complicate your case.

Do you want to be guardian?

Guardianship might be a strong tool, but is it the one you want to use? Your commitment comes with certain privileges, such as the ability to effectively care and represent your loved one, but it also includes a wide array of responsibilities. Breaching or neglecting these duties could result in serious consequences.

The choice is yours whether to pursue establishing a guardianship. However, this is a major decision. Should you succeed, you could change more than your legal relationship with your loved one — you could change your future for years to come.

What is respite care?

Sun, 20 Dec 2020 12:32:31 GMT

Caring for an aging family member is exhausting work, even more so if that family member is suffering from dementia or other conditions. Primary caretakers may rarely or never get a break from this work, which often leads to caregiver burnout.

Burnout has dangerous consequences for both the caregiver and his or her aging family member. Respite care is an option that may provide some relief.

What is respite care?

Respite care offers primary caregivers a short-term “respite” from the strenuous demands of caring for someone else by allowing an alternate, qualified caregiver to take over for a specified time. Respite care may only last a few hours, or it may last for several days or even weeks. This alternate care may be a regularly scheduled event, or it may be a solution when an emergency situation arises.

Who offers respite care?

Respite care often takes place in the home of the person who needs care, or at a designated facility, such as an adult day care. Many assisted living and skilled nursing facilities also offer respite care services. Regular, respite-care visits to such a facility may make the transition to full-time facility care significantly easier when the time comes.

How can families pay for respite care?

The cost of respite care varies depending on the location and duration of care. Caregivers who provide in-home help often charge an hourly rate, while adult day care centers may offer daily or weekly rates. Washington’s Community First Choice Option and Medicaid Personal Care programs may cover some or all of the costs of respite care for eligible Washington residents.

Caregivers frequently feel pressure to “do it all” and are often reluctant to seek outside help. However, by giving the caretaker a much-needed break, respite care is beneficial for everyone involved.

How may I make sure doctors will follow my health care wishes?

Fri, 11 Dec 2020 12:30:14 GMT

Without naming a trusted agent through an advanced health care directive, you may not receive the medical treatment of your choice. Your spouse or adult children may have the responsibility of making end-of-life decisions in the event of your illness or incapacitation.

Communicating with your doctors during a sudden accident or serious illness may place unintended and overwhelming stress on your family. A well-written advanced health care directive, however, provides detailed written instructions for your agent to follow. Your agent may then inform your physicians, nurses, and medical staff regarding what medical procedures to include or avoid in your care.

What types of instructions may I include in an advanced health care directive?

You may provide your agent and medical professionals with your wishes for carrying out treatment. As reported by Kiplinger magazine, you may proactively approve, refuse and deny specific options available for your care.

For example, if you prefer to forgo invasive surgical procedures, your advanced health care directive may state this. Your directives could also address receiving or avoiding certain pain relief and other medications to conform with your personal beliefs. Some individuals may require assisted living arrangements; your advanced health care directive may instruct your chosen agent regarding your admittance to an appropriate facility.

What if my family does not agree with my wishes?

Family members may become overprotective when a loved one reaches the end of his or her life. A relative or an adult child may develop a different opinion regarding your preferred treatment methods. You may grant your agent the authority to override your directives if he or she knows your wishes are different than those provided for in your directive. You may also required your agent to follow your directives. Your chosen and trusted agent, however, must follow your expressed wishes.

Reviewing other benefits of an effective estate plan

Fri, 04 Dec 2020 12:27:56 GMT

Many people are well aware of the financial perks of setting up a solid estate plan, such as ensuring that assets are divided in accordance with one’s wishes and even helping disabled loved ones retain their eligibility for government benefits through a special needs trust. However, there are many other reasons why having an effective estate plan is important, from safeguarding the stability of a family to emotional relief.

If you are undecided about whether it is the right time to create a will or trust, carefully reflect on some of the other reasons why having an estate plan in place is so important.

What emotional perks do estate plans offer?

According to USAGov, creating an estate plan allows people to pass down their assets following their death and help their loved ones understand and carry out their wishes. Many people feel incredibly relieved once they have successfully maneuvered through the process of setting up an estate plan and feel less stressed out about their life and their loved ones’ futures. Uncertainties about one’s ability to provide family members with financial support after they die often diminish or even disappear altogether. Some people have an easier time accepting end of life issues and sleep better with a renewed sense of hope.

How do estate plans benefit a family?

When someone dies without an estate plan (or they have a poorly-drafted will or trust), many problems often arise for their loved ones. Sometimes, bitter disputes tear families apart and lead to long-term rivalries. Even when families are able to reach agreement on key estate matters, the entire process is often very stressful and time-consuming when an estate plan is not in place to account for these hurdles. By taking the time to work through one’s estate by setting up an effective plan, many of these challenges are avoided.

What should you look for in a long-term care facility?

Fri, 20 Nov 2020 12:25:35 GMT

Whether attempting to choose a long-term care facility for a close friend or loved one, or selecting a new home for yourself, there are some important factors to consider.

Long-term care facilities offer medical supervision and assistance to those who are unable to live completely independently. Care homes differ in the amount of assistance they offer. While some provide help with basic living tasks, such as bathing, dressing and eating, other homes simply have medical staff available in case you need them.

Considering the factors

According to Medicare.gov, there are a number of items to look at before choosing the best assisted living facility for you. These include the following:

What type of medical care is available?
What types of activities does the home offer to promote socialization?
Are family members welcome at any time?
Is the facility in a good area, close to friends and family?
Does the facility accept your insurance?
What types of reviews does the home have?

You should not lose your right to make decisions regarding your care. However, there may be directives in place allowing others to make decisions on your behalf should you become unable to make those choices.

Ensuring safety and well-being

You may also want to research whether the care facility has accreditations or certifications , such as the Joint Commission’s Long Term Care Accreditation Program. These programs gain an in-depth look at the standards and ethics used to run the facility. According to the Joint Commission, this includes topics such as infection prevention and control, emergency management, environment of care, human resources, safety precautions, medication management and respectful treatment of residents.

Planning for estate taxes

Fri, 13 Nov 2020 11:49:23 GMT

Those engaged in the estate planning process in Washington may have learned that there are a number of strategies one can employ to avoid liabilities against their estates (thus preserving more assets to pass on to their beneficiaries). Yet many may believe that there is no way to avoid estate taxes.

That may not necessarily be true. There are measures to place to limit (or potentially even avoid) one estate tax liability that one can easily incorporate into their estate plans .

Federal estate tax portability

The federal government sets an estate tax exemption threshold annually. According to information shared by Forbes Magazine , the threshold for 2020 is $11.58 million per person.

An additional benefit is also available known as estate tax portability. The unlimited marital deduction allows spouses to pass money between each other without it being subject to tax. Thus, one can leave their assets to their spouse upon their deaths and preserve their entire estate tax exemption amount. Portability then allows their surviving spouse to claim that unused exemption in combination with their own exemption. Per the Internal Revenue Service , a surviving spouse can take advantage of this benefit by filing an estate tax return claiming portability within nine months of their spouse’s death.

Washington’s estate tax guidelines

The state of Washington also imposes a local estate tax on its residents. It also has an estate tax exemption, which is $2.193 million. This means that if the total taxable value of one’s estate comes in below that amount, it will not be subject to Washington’s estate tax. Unfortunately, Washington state does not extend the benefit of portability to local residents. However, some estate planning tools can be used to take advantage of both spouses’ $2.139 million exemption.

What is a revocable trust?

Mon, 02 Nov 2020 10:20:28 GMT

If you are planning your estate, you probably have some options for transferring property into a trust. Of course, you may not feel comfortable completely surrendering ownership of your assets. Creating a revocable trust may be the solution .

You can likely form a revocable trust at any point during your life. Before doing so, though, you should carefully consider the requirements, advantages and drawbacks of this type of trust.

Basic parameters

Often, forming a revocable trust is straightforward. These trusts usually have three basic parameters:

You transfer ownership of assets to the trust.
You act as the trustee, at least initially.
You retain the flexibility to take property out of the trust.

During your lifetime, you can likely designate a different trustee to oversee your revocable trust. Also, when you die, the revocable trust is likely to become an irrevocable one. In simple terms, irrevocable trusts are not modifiable like revocable trusts.

No probate

Avoiding the potentially long and burdensome probate process is often the clearest benefit of forming a revocable trust. Put simply, any of your assets that are inside the revocable trust at the time of your death are likely off limits to the probate court.

Creditor actions

While some types of trusts protect your assets from creditors, revocable ones usually do not. That is, your creditors may still go after your assets inside the revocable trust. Doing so, however, typically requires some additional work.

If you are looking to safeguard your assets from the actions of creditors, a revocable trust may not be the way to go. Still, if creditors are not a concern, this type of trust may be a key part of your overall estate plan.

What assets skip probate?

Tue, 29 Sep 2020 09:51:09 GMT

When you pass away, probate is the legal method of transferring your assets to your beneficiaries. Assets do not always have to go through probate, however. Most people prefer not to go through probate, however, because it is a lengthy and costly process.

When planning your estate , you may want to know which types of assets avoid probate altogether, and what the benefit is to doing so.

Benefits of skipping probate

Assets that must go through probate take longer to get to your intended beneficiaries. On the short end, it will take about six months for things to finalize. On the long end, however, your heirs could wait years to receive anything. Skipping probate greatly reduces the time it will take for your grieving family to receive what you leave to them.

Additionally, probate is costly. Money from your estate will go to pay for court costs, lawyer fees and other expenses related to the process. This decreases the amount of money your beneficiaries ultimately receive. These reasons alone are generally enough for most people to structure assets to avoid probate.

Assets that skip probate

According to FindLaw, the following assets skip probate entirely and go directly to your heirs.

Property inside of a revocable trust
Assets that qualify as community property
Real estate with joint tenancy or tenancy by the entirety
Retirement accounts with a listed beneficiary 
Real estate with a transfer on death deed
Bank accounts with a transfer on death or payable on death ownership type

Keep in mind that retirement accounts with a designated beneficiary will only go to that beneficiary, even if they are inside a trust with a different beneficiary. It is important to review your estate plan every several years to ensure your beneficiaries are still correct.

What are mistakes to avoid while making estate plans?

Tue, 22 Sep 2020 09:48:52 GMT

Making estate plans can be a complicated affair. You could forget to include an asset in your will. You might fail to take advantage of an estate planning move that could better benefit your heirs. Fortunately, if you know about some estate planning pitfalls in advance, you might avoid them and create a better estate plan than you had first envisioned.

A lot of mistakes are simple omissions. Nonetheless, some of them could lead to serious problems for your heirs. Kiplinger explains what some of these common mistakes are and how to avoid them.

Failing to plan for long term care

Consider creating plans for your long term care and disability care while you can still work and put away money for retirement. As you grow older, you will likely incur greater health problems. Someday, you will likely need to leave the work force. Think about putting in place options like life insurance and disability coverage. Also consider how you may fund possible nursing home costs.

Not titling your ownership correctly

You have to be careful how you title your assets. Incorrectly titling your property can cause real problems when it comes time to transfer what you own to your children. For instance, if you have a trust, you want to title your assets so they belong to the trust. Conversely, you may want to keep property such as retirement accounts out of the trust.

Also, if you own a business, be careful how you title your business property. There is plenty of potential to mix up business and personal ownership. Check to see that you have not titled business assets in your own name.

Neglecting charitable giving

Chances are you have a cause you feel passionate about. If so, you have an opportunity to give to your cause through your estate plans. Some of these methods include setting up a charitable remainder trust or a donor-advised fund. You can give to your favorite church, university or activist group while boosting your tax benefits to the greatest extent possible.

Not having an organized plan

Many people do imagine what they want to happen in their older years or after they die, but they have not placed formal mechanisms, such as trusts or wills, to carry out their wishes. Without a will or a trust, the state will disperse your estate through its intestate laws, which may result in your money and property going to somebody that you do not want to receive from you. Formally organizing your estate wishes into actionable documents like a will may save your heirs a lot of stress and heartache.

Essential documents: what you need to plan your estate

Tue, 15 Sep 2020 09:46:33 GMT

Estate planning in Washington is essential, whether you have recently started a family or have just celebrated your retirement. It is important that your estate plan reflects the life you currently live, and you can update your plan periodically in the future if needed.

As unpleasant as it may seem, no one knows when their life is going to end. Having your estate organized can simplify matters for your family upon your passing.

What documents will I need?

There are several critical documents you need to fully prepare your estate , according to Forbes. The first and foremost is the last will and testament. Not only does your will dictate who you want to oversee the finalization of your estate, it allows you to name who you would like to receive your property once you pass.

Finally, wills enable you to declare who would act as guardians to your children in the event of your death.

The importance of advance directives

Tue, 08 Sep 2020 09:44:01 GMT

People who want to create or update their estate plan as their lives change, they may need to review a variety of instructions, wishes or types of documents. An estate plan may include far more than a will or a trust alone.

One element of estate planning that may be of particular benefit or importance to most any person is that which provides direction for a person’s medical condition or health. An advance directive and a living will provide the means by which people may lay out their choices regarding this.

Choices regarding lifesaving treatments

As explained by SmartAsset, a single accident may render a person unconscious or otherwise unable to make decisions regarding their medical care with no advance warning. An advance directive allows a person the ability to proactively indicate their preference for the use or not of any lifesaving measures . These may include feeding tubes, ventilators or other resuscitation methods.

Managing medical care

Along with an advance directive, the American Cancer Society indicates that a living will rounds out a person’s preventive actions when it comes to managing their health care needs if they cannot do so on their own behalf. A living will names another person as the entity able to and responsible to communicate with physicians and medical teams and to make choices about care and general needs.

A living will may also be referred to as a medical power of attorney or a durable power of attorney for health care. It works similarly to a durable power of attorney that allows another party to manage someone’s finances when they cannot so for themselves.

When is probate unnecessary?

Tue, 01 Sep 2020 09:03:51 GMT

In the state of Washington, it is common that you distribute assets after a time of probate.

However, in various circumstances, this legal process is not necessary.

Amount of money

When a person passes away and leaves an estate behind, those items and cash typically need to be formally processed . This occurs even without a valid will. However, any amount of personal property under $100,000 does not lead to probate.

This process begins almost immediately after the person’s death. Generally, 40 days is the accepted period of time to officially start filing papers.

Official process

Once probate begins, a personal representative usually is in charge of the process. This is someone who takes into consideration all aspects of an estate and is responsible for executing the person’s will. One responsibility of this role includes paying any bills left over from before the decedent passed away.

Any amount of real estate with a title in the deceased’s name does have to go through this process. However, if the decedent’s debts exceed the amount of assets left over after the process, then probate may be necessary.

Properties and accounts

In many situations, a couple may own a piece of real estate or joint property together. When only one spouse is still alive, it is typical that due to community property laws, he or she can legally own the place without going through probate .

In addition, many retirement accounts and life insurance policies are eligible for bypassing probate at the time of the deceased spouse’s passing. Revocable trusts, typically written and altered before the death of the descendent, also may avoid the probate process.

Special education issues: getting your child's needs met

Tue, 25 Aug 2020 09:00:33 GMT

It is important that children get a good education, but difficulties can get in the way. Physical challenges, developmental delays and behavioral issues may put your child at an academic disadvantage.

All children in America have the right to a free appropriate public education , according to U.S. law. Your child may need extra support for educational success, yet you may encounter problems getting that support. Many parents find they need someone in their corner as they advocate for their children. Below are some common issues you may encounter when dealing with special educational needs.

Disability identification

Your child can qualify for special education services if he or she has a disability covered under the Individuals with Disabilities Education Act , and if that disability sufficiently impedes learning. The school will determine this by performing an educational evaluation.

Your child may not qualify for services. The school may determine that your child does not have a covered disability, or that the disability is not severe enough. If you disagree with that decision, you may ask for further evaluation, mediation or a hearing.

On the other hand, your child may qualify for services. In that case, you and the school staff design an individualized education plan for your child.

Parental inclusion

As a parent, your input is crucial to creating a suitable IEP. However, many parents can feel kept out of the loop. Scheduling conflicts may make it difficult to attend IEP meetings. Your child’s school may not inform you of your rights under the IDEA. Know your rights and those of your child. Do not let the school neglect to fulfill their legal obligations.

IEP implementation

The best-designed IEP is useless without follow-through. Check with the school and with your child often to be sure the IEP is being executed. You, your child and the school should constantly assess which accommodations are working and which need modification. Schools may prefer not to implement costly or inconvenient measures even if they are the ones that would best serve your child. Your ongoing commitment to your child’s education is critical to your child’s academic success.

Dealing with memory loss: is it normal?

Fri, 17 Jul 2020 10:51:03 GMT

Everyone forgets something at some point. When you begin forgetting things and you are older, it can be frightening to think you may have dementia or a condition such as Alzheimer’s disease. Before you start to worry too much, you should learn more about memory loss.

The FDA explains that memory lapses that occur occasionally are usually normal and nothing with which you should concern yourself. Memory problems that are more persistent or that seem to have a bigger impact on your life are not normal, and it is those types of issues that require more attention.

Normal loss

As you age, your memory naturally gets slightly worse . Forgetting an appointment every now and then is not a serious issue as it happens to almost everyone. Losing your car keys is another example of something that is no big deal.

When what you forget is only pieces of information or minor things, then you probably are just experiencing normal memory loss associated with aging. Normal memory loss will not have a major effect on you and should never put you in danger.

Abnormal loss

Memory loss that is worthy of concern is that which leads to serious situations that could put you in danger. It also involves forgetting significant information. For example, forgetting what you talked about when your neighbor visited yesterday happens to people sometimes, but forgetting your neighbor visited at all is more concerning. In addition, suddenly find yourself forgetting how to do things you have done for years is not normal.

You could have an underlying health issue leading to your problems. Forgetting important things does not always mean that you have a disorder such as Alzheimer’s disease. It could be a symptom of another condition or a side effect from the medication you take. Your doctor can help you to figure out what is happening and how to deal with it.

Estates plans, beneficiaries and uncertaintly

Wed, 15 Jul 2020 10:49:05 GMT

For those creating an estate plan, there are often many different sources of stress and uncertainty. Whether a loved one has special needs or someone cannot decide which type of estate plan makes the most sense, our law firm realizes the pressures that many people face during this process. However, decisions related to distributing assets among beneficiaries are often especially difficult and it is crucial to approach this issue with care.

Eliminating confusion and having confidence in one’s decisions is very helpful. There are a number of ways in which people can ensure that their assets are distributed appropriately.

Reviewing your loved ones’ circumstances

When deciding how to divide assets, it is important to consider your loved ones’ needs and circumstances. Sometimes, it is sensible to pass down certain assets to a particular beneficiary. Moreover, some parents decide to leave one child with more than his or her siblings for different reasons. In some instances, people decide to remove a beneficiary altogether or appoint someone to oversee the distribution of assets to make sure that they are not misused (such as beneficiaries struggling with drug addiction).

Communication and thinking ahead

In certain families, it is very helpful for people to discuss their estate plan with loved ones. Often, this reduces the likelihood of a bitter dispute and provides clarity. However, some beneficiaries are unhappy with their loved one’s decisions and it is necessary to move forward regardless. When it comes to naming beneficiaries and dividing assets, everyone is in a unique position. Our website covers a variety of topics related to the estate planning process .

Is it time to modify your estate plan?

Mon, 13 Jul 2020 10:46:24 GMT

Washington residents often think that creating an estate plan is all you need to do. Unfortunately, that is not the case. An estate plan needs to reflect your life in an accurate way. Because of that, you will come across times when you need to change your estate plan.

Today, we will look at some of the most common times people change their estate plans. Though this varies from person to person, there are still some similarities.

Family matters and estate plan changes

Forbes discusses reasons people often have for modifying their estate plan . Most revolve around major life changes. Today we will focus on changes to family and changes to finances. Changes to family include any alteration to a family structure. These changes matter because estate plans determine where your assets go. Do you want an estranged ex-spouse to get any of your assets? The answer is probably “no”.

Likewise, let us say a new child enters the home. You want to make sure to include them. You can give financial support to spouses. You can also do this for adult children who need care.

Changing estate plans because of finances

Of course, you want to make sure that the assets you allocate are up to date, too. Financial situations change for many reasons. They can change for the better or worse. You may lose money and have to file for bankruptcy. You may face debt. But you may come into money. You may win a large cash prize or come into an inheritance. Whatever the case, you want your estate plan to reflect your current finances. This way, everyone gets what you want them to.

Do all estates enter the probate process?

Fri, 10 Jul 2020 10:44:27 GMT

When a close friend or family member passes away, there are a host of issues to reconcile. In addition to grieving the loss of a loved one, you must consider finalizing the estate and carrying out the deceased’s wishes.

Depending on the circumstances surrounding the case, probate may be required as a way to ensure that the last will and testament is valid. Yet, not all estates in Washington and throughout the nation are required to enter into the probate process.

When is probate required?

In Washington, probate is not always required by the court. Instead, surviving family members may choose the probate process as a way to organize the distribution of the estate. You may need to enter probate if your loved one’s property and assets total over $100,000. Furthermore, it may be best to go through probate if the deceased had property that was titled solely in his or her name.

Probate is not required in cases where the property and assets are left in a living trust. In these situations, assets are transferred directly to the person named in the trust. Likewise, assets such as retirement plans and life insurance with a designated beneficiary go directly to the named beneficiary and do not pass through probate.

How does probate work?

Probate offers a way to distribute property and assets to the beneficiaries named in the will. In some cases, property and items may be sold in an estate sale and financial accounts are liquidated to gather the entire estate. If the estate had pending debts, they may be resolved using estate funds.

Once the beneficiaries are located, they are given property and/or assets according to the last will and testament. In some cases, the deceased may name an estate administrator in the will. This person is responsible for seeing the estate through probate.

What are your options for trust for special needs children?

Wed, 08 Jul 2020 10:40:27 GMT

For all parents, estate planning has a great significance. An estate plan provides you with reassurance that your children will have their needs met after you pass. When you have children with special needs, it is even more important.

When planning ahead for children with special needs, there are at least two different trusts that you may consider. All children have different needs and some of these needs will change over time. Forbes explains the types of trusts for special needs children .

Special needs trusts

Most parents establish a special needs trust under the impression that said children will receive government benefits. This trust should supplement said benefits. The reason that you need to take special care when establishing this type of trust is because your child could become ineligible for government benefits if the trust is not drafted correctly. Government benefits provide for basic needs. Your special needs trust should provide extras for your child, such as trips and recreation.

In addition to establishing a special needs trust in advance, you can also provide permission to the trustee to convert a trust into a special needs trust after your death. This is for parents who are unsure about whether the child will receive or need public benefits.

Discretionary trusts

Discretionary trusts are for parents who do not worry about whether their children will receive government benefits. If you have sufficient wealth to care for your child after you pass, then you may not have to worry about any benefits. Instead, you can focus on leaving your child enough wealth to cover expenses. This type of trust distributes income throughout your child’s life, under the supervision and discretion of a trustee. Discretionary trusts are less common of a child with special needs since a special needs trust created in this context has very little downside.

How do you pick the right executor for your estates?

Fri, 03 Jul 2020 10:36:57 GMT

Washington residents like you who want an estate plan must start by picking an executor. This person will oversee your estate after you pass on. Because of this, they are one of the most important parts of your estate plan.

Today we will look at some key points to examine when picking an executor. After all, not just everyone can take on the job.

Key traits of a good executor

Huffpost looks at ways to select a good estate executor . First are personal preference factors. Each person has their own needs and desires. This will affect what they look for in an executor. You will want your executor to be someone who shares similar core values and thoughts. They should be able to answer questions like you. They will make decisions on your behalf after you pass. Because of that, you want to ensure their answers align with yours.

After personal preferences, you should look at professional qualities. Is your pick for an executor on time? Can they handle scheduling and sticking to schedules? Do they work well on their own, or do they need prompting? Are they capable of taking the helm on large projects? Are they organized? These traits will benefit any executor. Having them can make the estate process go well.

The importance of an open schedule

Also, try to go for someone with an open schedule. Probate is a process that may go on for over a year. Your executor will need to have an open schedule. This way, they can prioritize handling your estate affairs.

Because of that, you may want to avoid anyone who is planning on:

Starting a new business
Starting a new family
Moving to another location

Once you find someone who fits, you can work things out with them one on one.

How will my debts affect my surviving family after my death?

Wed, 01 Jul 2020 10:32:52 GMT

In today’s economic climate, it is likely that you will still have some outstanding debt when you pass away. This is yet another reason why making an estate plan can be vital to your successors’ financial well-being, even if you do not have considerable assets.

According to NerdWallet, knowing which of your debts might pass on to whom may at least allow for planning so you can protect them as much as possible.

Is debt considered community property?

Washington is a spousal community property state. This generally means that you and your spouse share responsibility for any debt incurred during your marriage, even if not explicitly named on the account.

However, any outstanding debt that you acquired before the marriage does not automatically pass on to your spouse. Still, after your death, half of any community assets may go to satisfy your individual liabilities.

Which debts must my estate pay?

If you are single and absent a co-signer, the following debts become the responsibility of your estate:

Credit card balances
Private student loans
Mortgage loans
Auto loans

Although probate must address your unsecured credit card and student debts, once the estate assets are gone, the creditors and lenders must absorb any lingering balance. With mortgages and car loans, your fiduciary has a choice to continue making payments from your estate or sell the asset. Additionally, the inheritor of your house or car can continue making the payments.

How can I protect my loved ones?

Once you have outlined which of your debts are likely to become the responsibility of your surviving family members, there are steps you can take to protect them. Usually, creditors cannot touch life insurance payments or retirement savings. A standard solution is to secure enough life insurance to cover any outstanding debts and name the responsible parties as beneficiaries.

Identifying issues with memory loss in older adults

Tue, 30 Jun 2020 10:26:21 GMT

Memory loss often is a natural part of aging, but sometimes it indicates a more serious issue. In any case, when an older loved one starts to exhibit signs that he or she cannot remember things, it is essential to get him or her help.

The Mayo Clinic explains that some memory loss as you age is normal. However, it should not impact your life in a negative way. You should be able to continue living normally with only occasional memory lapses that do not get worse over time. It is common, for example, to lose your car keys or need to write something down to remember it.

Signs of something more serious

When memory loss starts to impact a person’s life, though, it becomes a more serious issue that requires medical care. You may notice your loved one is forgetting very important things, such as turning the stove off after using it or how to get home when he or she goes to the grocery store. These issues indicate that there is an underlying medical issue.

Dementia

Dementia is due to a loss of functions in the brain that impact judgment, memory, language and thinking. You may notice this in a loved one if he or she starts having lapses that cause safety issues or create problems with his or her ability to function in a normal manner. Dementia will usually get worse over time.

It can point to a variety of medical issues. While it may be a sign of Alzheimer’s, it could also be due to a vitamin deficiency, a side effect of medication, a result of hypothyroidism, a side effect of a urinary tract infection or a symptom of an infection in the brain.

In any case, if you notice dementia in your loved one, you should get him or her to a doctor as soon as possible. Some of these underlying medical conditions are 100% treatable, and the memory issues will clear up upon treatment.

How to help senior parents avoid scams

Fri, 26 Jun 2020 10:23:29 GMT

As your parents age, it may fall on you to look out for them. It is especially important that you help them avoid scams designed to take advantage of senior citizens and steal their money. Your parents may be sharp in other aspects, but scammers are very sophisticated and like to play on emotions when they try to get money or other assets from seniors.

Forbes suggests that you take a caring and informative approach when talking to your parents about scams . Help them to understand why someone may do this. It is typical for scammers to target older people because they are more likely to have large amounts of disposable income. In addition, they may be less aware of new scams because they do not use the same technology or stay on top of scams like younger generations.

Telltale signs

Teach your parents about common signs that something is a scam . Make sure they understand that government agencies will never call out of the blue and generally will alert them with something in the mail first. Explain that anyone calling them should already have their information and should not have to ask for basics, like their address and name.

Help them understand that some scams can seem incredibly realistic, such as calls from a relative in trouble. However, anyone asking for payment through gift cards or other odd methods is not legitimate.

Also, warn your parents about calls that look local but have callers with foreign accents. Explain how number spoofing works.

Empower them

If your parents think that it is rude to let the phone ring or hang up on someone, then give them the power to combat a scammer and figure out for themselves if someone is trying to scam them through specific questions. Tell them that they should always ask for a company or organization name, address and phone number. Often, this is enough to scare a scam caller.

3 key considerations for special needs planning

Wed, 24 Jun 2020 10:20:35 GMT

Estate planning in Seattle offers families the means to make provisions to preserve their wealth, provide for their relatives and secure their legacies. When you have loved ones with disabilities to consider, you need to include arrangements that go beyond the basic scope of life care planning. As important as it is for you to consider every possible contingency, including provisions for a special needs child or relative comes with its own set of challenges.

Estate planning with special needs considerations requires a critical eye to ensure that your disabled children are properly cared for and preserve their eligibility for certain state and federal benefit programs . To make sure that your special needs arrangements coordinate with your estate plans and adequately protect your kids, consider the following pointers:

Incorporate a special needs trusts

There is a strong possibility that your children may qualify for public benefits. Create a special needs trust to preserve their eligibility and protect their inheritances. When structured properly, a special needs trust houses the assets and funds your children currently have and will inherit; the trust also prevents mismanagement.

Invest in life insurance

Anticipating your special children’s needs for life after your death is not easy. Make sure you have enough money and resources in your estate to provide for them financially to offset potential issues that may arise regarding their care and well-being. The cost of health care and living will continue to increase after your death. Life insurance can help you to bridge any financial gaps regarding their care.

Make a care plan

Though you could allow the trustee of the special needs fund to make decisions regarding your children’s care and disbursement of assets and funds, it is easier and more convenient to include a letter of intent that highlights specific instructions on how you want your children to benefit from their oversight. Your trustee may have good intentions and mean well, but documenting your wishes and providing guidance can help you trustee to provide your children with the utmost care that aligns with your wishes and protect their future.

With careful planning and the right resources, you can ensure that your estate plans and special needs kids are set in the event that you are no longer around to provide them with the life they deserve.

What to know about a guardian ad litem

Tue, 14 Apr 2020 08:16:23 GMT

Some families face the tough reality that a parent has lost the ability to handle their personal or financial affairs. They fear that their loved one is no longer fit to live alone or could lose all their money unless someone steps in and takes charge of the financial and personal duties of the parent.

In the event a parent appeared mentally incapacitated, adult children may ask a court to appoint a guardian for their parent. Washington state courts appoint a guardian ad litem in every guardianship. The guardian ad litem plays a critical role in the guardianship process. If you seek a guardian for a parent, a court will appoint a guardian ad litem to act in the best interests of your loved one.

Definition of a guardian ad litem

According to the Cornell Law School, a guardian ad litem differs from a traditional guardian or conservator because a guardian ad litem only acts on behalf of a ward during a single case. Courts appoint guardians ad litem for incapacitated adults or for children in abuse or child custody cases. A guardian ad litem can act as a factfinder to the court, making recommendations on actions that would best benefit a ward.

Recommendations for future guardianship

Since appointing a guardian means removing certain rights from a ward, courts will want to know if your relative truly needs a guardian. According to the American Bar Association, a guardian ad litem may investigate the case of a ward to find out if a guardianship is necessary . If so, the guardian ad litem will make conclusions about what kind of guardianship the ward needs, the extent of the guardianship powers, and who will act as the guardian. The guardian ad litem will make these recommendations to a court.

Some people have concerns about a guardian taking away too much power from a relative. The work of a guardian ad litem will help determine the needs of your relative to find a form of guardianship that is the least restrictive possible. A court is not required to follow the recommendations of the guardian ad litem, but they are often differential to the guardian ad litem as an impartial third party charged with representing the best interests of the ward.

What are financial powers of attorney?

Tue, 07 Apr 2020 08:14:15 GMT

Financial powers of attorney are one element within your estate planning package. According to FindLaw, within your estate planning package , you will have a living trust, wills, financial durable powers of attorney and healthcare directives. Financial powers of attorney are a document, which, in essence, say if you ever become mentally incapacitated, you will nominate people to make decisions for you. You may be 90 years old and suffering from Alzheimer’s, from dementia or in a coma, and thus incapable of making any decisions on your own.

If you have not done this power of attorney for finance, you do not want your loved ones to have to go to court and petition the court to get permission to make decisions. The whole idea here is to keep the court out and to make it a seamless transition. If something were to happen to you, the people of your choosing can go ahead and start to take control of your finances. They can pay your bills, file your taxes and keep your business running. They will have the legal authority to do so with this document.

You may choose to make a durable financial power of attorney come into effect immediately upon signing or only if you are deemed incapacitated. Several factors can determine incapacity. Sometimes a court of proper jurisdiction can deem you incapacitated. Alternatively, your primary care physician or two non-primary care physicians under oath can state that you are incapacitated. So, you would first have to be determined or considered to be incapacitated. Then, the power would shift over to the agent that you have nominated to be the durable financial power of attorney.

How can you initiate the estate planning talk with your parents?

Tue, 31 Mar 2020 08:12:13 GMT

Estate planning may not be an interesting topic to bring up, but it is a necessary one. As your parents age, an estate plan becomes more necessary. According to MarketWatch, around 30 percent of parents do not have detailed talks with their adult children about their living expenses in retirement or their long-term care plans . Parents and children alike are nervous to carry on these types of conversations. Children do not want to appear greedy and parents are uncomfortable with it.

The problem with silence, however, is that it can lead to conflict later. The children may not understand their parents’ wishes, for instance. Say that a parent leaves more money to one child and not the other, but says nothing to their children about it. They may assume there is a mistake or they may grow bitter towards one another.

It is important that you respect your parents’ wishes, even if you do not understand them. Instead of conflict, talk out your parents’ decisions. Request a meeting where you can discuss future plans carefully. Do not spring the conversation on them. Explain that you want a clear idea of the estate and that you want to understand how to support them.

Conversations over finances, end of life plans and after death plans can make people nervous and defensive. Make sure to be careful in your communication. Listen to the conversation, show empathy and understanding. In addition, if your parents are sensitive about finances, do not ask for specific numbers. It is better to get a conceptual idea of their plan, not the details.

Estate planning during uncertain times

Tue, 24 Mar 2020 08:09:54 GMT

Even the strongest people worry about the future. Whether we like it or not, it is impossible to know precisely what will happen tomorrow – much less a week, month or year from now. Things change, sometimes in ways that challenge us. That’s life.

Fortunately, there are areas of firm ground out there, patches of stability even during periods of tumult. Estate planning, believe it or not, can be one of these spaces.

Certainty in uncertain times

An estate plan, at its core, is about guidance. Through a combination of legal tools , you can feel confident knowing your voice will always be heard, regardless of the situation. This, in turn, provides peace of mind – not just for you, but for your family and friends as well

With an estate plan, you can:

Be certain your own personal medical preferences will be known – and followed
Be sure your financial affairs are cared for if you are unable to do so
Have confidence your heirs will be provided for
Know any property you own will be handled appropriately
Help save loved ones time and money, in turn reducing stress

Providing this type of detailed guidance is particularly important if you have another individual relying on you. It could be a partner that counts on your income, for example, or a child with chronic health needs. These types of situations can benefit greatly from careful long-term planning.

How to start an estate plan

An estate plan generally comprises multiple elements. That could include a will, a trust or trusts, a health care directive, powers of attorney and potentially much more. Creating a legal and effective estate plan often requires the help of an attorney, but there are a few things you can do to begin the process .

You cannot predict what’s to come. But with an estate plan, you can feel confident knowing you’ve provided loved ones a trustworthy road map.

No matter what the future holds.

Estate plans and unmarried partners

Tue, 25 Feb 2020 08:07:43 GMT

When it comes to estate planning, many people recognize the critical role that a spouse plays in one’s estate. For example, many people decide to name their spouse as the person to manage their estate in the event that they pass away, and people often hand over their assets to their spouse in the event of their death. However, some people question the importance of involving an unmarried partner in their estate plan and have various questions related to the process when they are not married to their partner.

First of all, creating an estate plan is especially important for those who have long-term partners they are not married to. If someone passes away, the lack of a legal marriage creates challenges with respect to the distribution of assets and a partner’s ability to step in and help make critical decisions regarding medical care at the end of one’s life. For example, some people wish for their assets to go to their partner after passing away, but without an estate plan the assets may be distributed among their relatives.

It is imperative to go over your options and the details of your estate with your partner if you decide to create a will or a trust. There are many factors to explore and the decisions that you make now will have a critical impact on the future of your estate and the person you love. We realize that the estate planning process is especially confusing for some people who are involved in a long-term partnership outside of marriage and we cover many other topics related to setting up an estate plan throughout our website.

Writing your last will and testaments: what you should know

Thu, 13 Feb 2020 08:05:42 GMT

Creating a last will and testament is not confined to those planning their retirement or making final life arrangements. You may not think about writing your will when you get married or have your first child. However, financial and estate planning professionals suggest that this is the best time to create this important document. You never know when an emergency will occur and you want to prepare you and your family for such an unexpected event.

When writing your last will and testament , there are some items you may want to consider including in the document. These include, but are not limited to, the following:

Guardians you wish to care for your children if you can no longer care for them
The person who will act as executor to the estate
The person or people you would like to handle your children’s finances
What property and assets you would like included in the will
The beneficiaries, or who you would like to receive what property and assets

It may be helpful to have a general idea of who you would like to act in these areas before going to write your will.

You may feel overwhelmed or intimidated while making these important life decisions. However, it is important to keep in mind that you can revisit your last will and testament at any time and modify your choices. For example, if you purchase land, start a business, have a child or wish to change the guardian of your children, you can update your will to include this new information.

This information is intended to educate and should not be taken as legal advice.

Does medicare cover assisted living?

Wed, 12 Feb 2020 08:01:12 GMT

One of the biggest benefits of modern medical science is that it is allowing many of us to live longer. Of course, having more time to enjoy our golden years and be with our grandchildren is a major plus, but there are some things that need to be considered when planning for the later stages of life. For example, many senior citizens end up needing assistance with day-to-day activities such as bathing, toileting, dressing, cooking, and more. At a certain point, moving into an assisted living facility in Seattle may be desirable. However, with the high costs of assisted living, many are looking for ways to afford these services. It is important to be aware that, according to About Assisted Living, Medicare will not cover assisted living services .

Medicare will indeed cover periods of time in a nursing home if you are in need following an injury or illness. If your doctor prescribes nursing home treatment, Medicare will cover it for a certain short span of time. In the event that you require hospice services, Medicare will also help you cover these costs. However, Medicare does not cover day-to-day care as provided by basic assisted living facilities.

When planning financially for the future, make sure to keep this in mind. There are several ways that senior citizens are making assisted living more affordable, such as by purchasing long-term care insurance, accessing veterans benefits if applicable, selling property, or taking out a reverse mortgage (in the right circumstances). Medicaid can also help pay for assisted living services if you are below a certain income threshold.

Proper planning is necessary in order to ensure that you get the help you need as you age.

Reports of elder abuse in washington state reach all-time high

Tue, 11 Feb 2020 07:53:44 GMT

Washington’s elderly population has seen a significant increase in episodes of abuse. As determined by the Evergreen State’s Department of Social and Health Services and reported by K5 King-TV News, reports of abuse more than tripled during the years between 2012 and 2018. State health officials describe the current level of reported abuse as having reached “unprecedented levels.”

Individuals who cannot care for themselves and are age 60 or over fall into the category referred to as “vulnerable adults,” which also includes individuals age 18 and older with developmental disabilities. The year 2018 brought Washington State more than 60,000 vulnerable adult abuse reports; this represents a greater than 25% increase over the previous year.

Alarming statistics for seniors

The National Council for Aging notes that only about four out of every 100 cases of elder abuse actually get reported. The primary cause for the lack of reporting may be the inability or hesitancy of many seniors to communicate the abuse they experience. To stem the growing tide of exploitation, fraud and abuse affecting seniors, those who are close to them can help by remaining watchful for certain tell-tale warning signs.

Warning signs of elder abuse

The Administration for Community Living, part of the U.S. Department of Health and Human Services, recommends that family members and friends look more closely when they notice changes in a senior’s lifestyle, demeanor or finances. Physical evidence such as bruises or abrasions may indicate physical abuse, while withdrawal and changes in mood could be a sign of emotional or financial abuse.

In-home or facility-based caregivers may also be a source of abuse for vulnerable adults. Forward-looking estate planning and guardianship administration may account for a significant difference in helping to ensure a senior family member’s freedom from abuse.

Estate planning following a divorce

Wed, 05 Feb 2020 06:05:38 GMT

People in Seattle are encouraged to see to their estate planning early on in their adult lives, and then make modifications to those plans as their circumstances change. Yet as one approaches their senior years, they might think that any major changes that would necessitate updating their estates have already occurred. One never knows, however, what life may bring; a significant life event such as a divorce may still occur (indeed, information shared by Forbes Magazine shows that while the overall divorce rate in the U.S. has declined in recent years, the number of divorces among those over 50 is on the rise).

This brings up the issue of needing to update a will after a divorce. Many might reasonably fear that if they fail to do so, their ex-spouse might inadvertently inherit all of their assets. Yet that is not the case. Washington state law views as divorce as effectively invalidating any provisions in one’s will that stipulate any property disbursements or powers of appointments to their ex-spouse. From a legal perspective, it would be as though the ex-spouse had preceded them in death.

There is some grey area in this regard, however. If one’s will contains language implying that their spouse should still be among their beneficiaries even if they divorce, the court will honor those stipulations. There has also been confusion regarding whether any provisions related to relatives of one’s spouse should continue to be valid (e.g. one leaving assets to their in-laws or naming their spouse’s siblings to an office in their estate). Washington state courts have ruled in the past that such stipulations (in the absence of language indicating a decedent wanted all ties with their ex-spouse to end) are still recognized.

Requirements for trustee fiduciaries

Wed, 29 Jan 2020 06:03:07 GMT

Individuals who are trustees of a trust in Washington have a variety of legally required duties. If you are not familiar with the responsibilities, you may find them overwhelming at first. At Brothers & Henderson, P.S., we often help clients address the issues that arise related to trust administration.

According to Fidelity, trustees act as the legal owner of trust assets. They not only handle the assets held in trust, but they also file taxes and distribute the assets according to the trust terms. Below are some responsibilities for a trustee.

The first step is confirming that you understand the trust terms, know who the beneficiaries are and that past account records are in order. At this time, you also establish that the assets are under your control and safe. Going forward, preparing tax returns, statements and other records is your duty.

Depending on the trust, investing the assets may be part of the way assets are productive and preserved for the current and future beneficiaries. Decisions regarding the trust provisions are under your purview, including when and if heirs receive payments.

Carrying out the duties of a trustee is time-consuming and often complex. In some situations, you may be personally liable for the actions you take while completing those duties. There are times when acting as a trustee is unwise. Before accepting the role, consider family relationships. Can you take action in the best interest of the beneficiaries and make objective decisions?

An attorney experienced in providing services related to trusts can help you determine the best course of action. Visit our webpage for more information on this topic.

Why should my family set up a special needs trust?

Wed, 22 Jan 2020 05:41:28 GMT

Families in Washington with members who have special needs may wish to consider setting up a trust to ensure the preservation and accessibility of assets and property. Creating a trust on behalf of an heir with a medical condition or disability may provide your family member or child with much-needed financial support after you and your spouse have passed away.

Generally, a trust gives your appointed trustee the authority to manage the allocation of money, property and assets held in custody. Without proper special needs planning, however, your heir may suddenly stop receiving the governmental assistance that he or she has relied upon. As noted by Forbes magazine, setting up a special needs trust may prevent your heir’s disqualification from public benefits assistance after receiving an inheritance.

Funds transferred to a trust may provide an additional form of future support for a dependent heir already receiving Social Security Supplemental Income and Medicaid. A special needs trust’s overall purpose may include supplementing an heir’s medical and educational needs, along with travel and other personal expenses. The SNT can help preserve your dependent’s quality of life without jeopardizing his or her government benefits eligibility.

Another reason for establishing a trust is to protect an heir from creditors that your estate may owe at the time of your passing. While your executor generally pays debts from any funds available from your estate, creditors may not have a right to the funds that you transferred to a special needs trust. Creating this trust helps to ensure that your heir will continue to have the required support needed for the rest of his or her life.

The information provided is for educational purposes only and not intended as legal advice.

Using fmla to attend an iep meeting

Fri, 17 Jan 2020 05:38:37 GMT

An Individualized Education Plan can be a challenging document to develop. Especially in Washington State, where there is no standard form for these documents, IEPs can vary wildly from school to school and student to student.

Based on measurable goals that the student will achieve, an IEP outlines the accommodations and supports that the school district will provide so that the student can be successful despite any mental or physical disability. Detailed IEPs can include everything from speech therapy to dietary needs.

How does the FMLA help parents with IEP arrangements?

The complicated nature of this document makes it especially important that parents are able to attend each IEP meeting and advocate for their child’s care. However, as these meetings are often during the workday, they can cause issues for parents who work full time.

As of August 2019, the U.S. Department of Labor authorized that employees may use the Family and Medical Leave Act intermittent leave to attend IEP meetings. The Department of Labor came to this decision because:

The IEP is a required document for any student enrolled in special education services.
A disability that requires an IEP qualifies as a serious health condition that requires ongoing care.
IEP meetings focus on making arrangements for changes in care.

When must an employer give you time off for an IEP meeting?

If you have a child who requires an IEP at school, any employer with more than 50 employees cannot deny you unpaid time off in order to attend an IEP meeting. Your employer must allow you to take up to 12 weeks of unpaid time off in a 12-month period. Your employer cannot fire you for using FMLA leave to attend an IEP meeting.

Attending IEP meetings is important, but the IEP process is not something that you have to face alone. You have the right to bring any representative who has specialized knowledge that will benefit your child, including a legal representative with experience in state and federal disability law.

Things to consider with real estate planning

Mon, 18 Nov 2019 05:35:36 GMT

While people in Washington do not like to think about what will happen when they die, it is an important thing to consider in order to prevent issues in the future. Even those who do not have significant assets or children benefit from conducting some basic planning.

According to U.S. News, there are certain components that everyone should consider when it comes to estate planning. One is writing and signing a will. This determines who gets personal assets such as vehicles, property, jewelry, artwork and money. Opening a trust is another consideration that may be beneficial.

When there are minor children involved, naming a guardian is essential. This person will raise the children in the event both parents pass away. Naming one prevents a judge from having to choose a guardian and from family members fighting over the decision.

It is also important to name beneficiaries for life insurance, pensions and retirement accounts, as this information is not in a will. Naming a financial and medical power of attorney as well as having a living will is beneficial in medical emergencies and other situations in which the person is unable to make decisions on his or her own.

Another part of estate planning is choosing an executor. Forbes explains that an executor manages all parts of the estate upon death, so it is a good idea to choose the right person. Some important traits to consider include:

Strong attention to detail
Responsible
Mature but not too old
Understanding of the family’s values and situation
Lives in close proximity
Has time and desire to carry out role

A person may also name more than one executor. It is common to name a close friend or family member and a professional such as an attorney, accountant or financial advisor.

Blended families need good estate plans

Wed, 30 Oct 2019 05:32:59 GMT

Washington State residents who have been married and divorced and who then meet a new partner to whom they want to get married should feel excited about having another chance at a happy and positive lifelong relationship. Many things can contribute to making a marriage work and for a blended family, one of those things may well be a solid estate plan.

As explained by Forbes, without an estate plan in place, it is common for a surviving spouse to inherit assets. There would be nothing to require that person to pass on anything to the deceased person’s children, making it possible that the kids could be disinherited even if that is not what their biological parent wanted. Fortunately, there are many robust estate planning tools available to avoid this type of situation.

Fidelity Investments recommends that couples have candid conversations early on about their wishes and their estate assets and debts. The conversations should cover a range of topics including how to balance providing for each other while leaving something for their respective children. If the couple is to have new children together, that adds yet another layer to the planning conversations. This should include guardianship for any minor children as well as what assets each child should receive and when.

It is also important to take note of any obligations to a former spouse that may be legally required per a divorce decree. For example, one person may be obligated to name a former spouse as the beneficiary on a life insurance policy or a retirement policy as part of their property division agreement.

Texas company ordered to halt deceptive practices

Mon, 21 Oct 2019 05:36:22 GMT

In Washington state, people who are 65 and older may qualify for Medicaid to cover the costs of their nursing home care. This may be very important, as the average cost of a room in a nursing home may be quite expensive.

In fact, according to SeniorLiving.org, the average monthly cost of a semiprivate room in a Washington nursing home is $8,669, and the average private room costs $9,718.

Even those people with considerable retirement savings and investments are not likely to be able to afford this continuing care for long. The American Council on Aging explains how a person may qualify for Medicaid assistance to pay for the costs of living in a nursing home in Washington. (All dollar amounts are relevant for 2019.)

Income

In the U.S., the meaning of income varies depending on the circumstances. For example, income for child support purposes is different from what is considered income when it comes to qualifying for Social Security Disability benefits.

When it comes to Medicaid, every type of income counts. Wages, alimony, Supplemental Security Income, veterans benefits, retirement account withdrawals, investments and money from any other source all contribute to a person’s overall income.

Assets

The senior’s assets also affect eligibility. Unlike income, some assets are exempt. These include the following:

Personal property
Primary residence (if valued under $585,000)
Household furnishings
Vehicle
Irrevocable burial trust

Nonexempt assets include investments, savings and checking accounts, stocks, bonds, cash and real estate that is not the primary residence.

Limits

The income limit changes based on whether the senior is single or married, and if married, whether one or both spouses are moving into the nursing home.

If the senior is single, the income limit is $2,313/month and the asset limit is $2,000. Married seniors who are both applying have a combined income limit of $4,626/month and a combined asset limit of $3,000. If only one spouse is applying, the nonapplicant spouse may keep up to $126,420 in assets, and the applicant spouse has the same limits as a single applicant.

Medicaid program eligibility for nursing home care

Thu, 03 Oct 2019 05:28:13 GMT

In fact, according to SeniorLiving.org, the average monthly cost of a semiprivate room in a Washington nursing home is $8,669, and the average private room costs $9,718.

Income

Assets

The senior’s assets also affect eligibility. Unlike income, some assets are exempt. These include the following:

Personal property
Primary residence (if valued under $585,000)
Household furnishings
Vehicle
Irrevocable burial trust

Nonexempt assets include investments, savings and checking accounts, stocks, bonds, cash and real estate that is not the primary residence.

Limits

The income limit changes based on whether the senior is single or married, and if married, whether one or both spouses are moving into the nursing home.

What washington state law says about wills

Thu, 03 Oct 2019 05:19:27 GMT

Each state has its own laws about wills. For example, in some states, a will may be handwritten, while in others, it is not valid. Some states require witness signatures, and others do not.

The Revised Code of Washington Chapter 11.12 defines what makes a will valid in the state.

A valid will

Only an adult (at least 18 years old) may create a will. There must be at least two witnesses of the will, and they may not have any interest in the will.

Under most instances, a will must be written, but cannot be handwritten. A handwritten, or holographic, will is not valid in Washington.

Nuncupative wills

A nuncupative will is an oral will , and it can only be in effect if the testator’s personal property is no more than $1,000. It cannot designate real estate distribution. A U.S. servicemember or someone employed on a Merchant Marine vessel can use a nuncupative will to dispose of personal property and wages.

Two witnesses must be able to verify that the testator made the will in front of them and at the time of the testator’s last sickness. Within six months of the testator speaking his or her last wishes, someone must write the will, and proof offered. The surviving spouse and heirs-at-law must receive a citation so that they can contest the will if they so choose.

Revoked wills

There are a number of reasons why a person may want to write a new will and revoke the old one, or to revoke some portion of it. In Washington, the testator may revoke the old by creating a new one that says specifically that it replaces the original or replaces it through the changes made.

A testator may revoke a will through destroying it, too, whether that be through burning, tearing or otherwise obliterating it. The testator may have someone else do it for him or her as long as it is done in his or her presence and there are two witnesses who can attest to the facts of its destruction.

If the testator revokes the entire will, the codicils also become revoked unless this would not be consistent with the testator’s intentions.

Signs your older loved one can no longer drive

Thu, 03 Oct 2019 05:16:07 GMT

For many seniors, giving up the car keys signals a major loss of independence. Unfortunately, the risk for involvement in a fatal crash begins increasing at age 70 and is highest among adults older than 85, according to the Centers for Disease Control and Prevention .

Adult children should be aware of these telltale signs that an aging parent is no longer safe behind the wheel.

Frequent fender benders

Small accidents are a red flag that your parent struggles to drive safely. If you notice fresh dents and scratches on his or her car, take heed. He or she may feel embarrassed to tell you about these minor incidents, but they could be the precursor to a more dangerous crash.

Hearing or vision loss

A decline in senses is a normal part of aging. If your family member can no longer see well enough to read road signs or hear the noises of traffic and car horns, he or she may not have the sensory capacity to operate a motor vehicle.

Chronic health conditions

If your family member has a chronic health condition such as diabetes or heart disease, he or she can probably keep driving safely. But with other conditions, such as dementia or Parkinson’s disease, he or she may experience impaired cognitive function that makes driving dangerous. If you are not sure whether your parent should be driving with a specific diagnosis, talk to his or her doctor.

Driving-associated stress

Even if physical problems do not prevent an aging parent from driving, he or she may become agitated or stressed behind the wheel. Pay attention if your loved one frequently gets lost, becomes involved in road rage incidents with other drivers or begins to get traffic tickets.

It can be difficult to raise this issue with your loved ones. However, it is important to do so before your parent causes a serious accident. Talk to your local department of motor vehicles about scheduling a driving test if you and your parent disagree about whether he or she can still drive safely.

How much money does long-term care planning require?

Thu, 12 Sep 2019 04:03:35 GMT

The costs of long-term care add up quickly, particularly in Washington state where the average yearly cost for residing in a nursing home is between $70,000 and $80,000. The Seattle Times reported on figures which show that only about 10% of Americans have long-term care insurance . The cost for the associated insurance premiums can be as much as $5,600 a year.

A long-term care insurance policy generally provides some, or all, of the funding necessary for a nursing home or assisted living facility. The resident, however, covers co-payments or additional costs by themselves. Adult children may also need to help an elderly parent with their long-term care needs, but in the case of families with growing responsibilities, such as raising school-age children, it may be too much for budgets already stretched thin.

Without a reliable long-term care insurance plan, it could become difficult for an elderly individual to cover an affordable living arrangement while on a limited budget or fixed income. To help combat the issues of long-term care, Washington state introduced a taxpayer-funded public insurance policy. By deducting 0.58% from an employer’s payroll tax, individuals may receive a single-payment benefit of as much as $36,500 toward at-home health care expenses. A family member could possibly become a de facto caretaker. Outfitting a senior’s residence with safety features, such as guardrails and grab bars to prevent falling, could also become more doable.

Another option available to senior citizens is the Medicaid program. It covers the costs of nursing home care for 62% of senior facility residents, but comes with stringent income requirements for program qualification. With the overall expense of housing expected to increase, it may be a wise idea to begin planning for an elder family member’s future living arrangements.

The information provided is for educational purposes only, and should not be interpreted as legal advice.

What types of powers of attorney can you elect to use?

Tue, 27 Aug 2019 03:58:35 GMT

A power of attorney is a crucial document that grants another individual the power to make decisions for you should you become unable to do so for any reason. Per Washington and federal law, you can use the POA document to detail how much responsibility you want to grant the person you appoint, otherwise known as your “attorney-in-fact” or “agent.” You can also dictate when the agent’s powers begin and when they end. According to AARP, depending on your circumstances, you can use one of three types of POAs : A conventional power of attorney, a durable power of attorney or a springing power of attorney.

As its name implies, a conventional power of attorney is the most common form of POA. The powers of the agent begin the moment you sign the document and end when you lose your mental faculties.

A durable power of attorney, on the other hand, goes into effect the moment you sign the document and does not end unless you cancel it. This is typically the most practical type of POA to use, as it remains in effect even after you become incapacitated, which is generally when you want a POA to kick in.

A springing power of attorney starts only after a stated event takes place, such as when you become incapacitated. While this type of POA is useful in a variety of types of situations, it is important that you include precise language as to what, exactly, the “springing” event is, otherwise your loved ones may not know when to enact the POA.

All types of powers of attorney expire upon your death. Should you pass away, your agent will no longer have the power to make decisions regarding your finances or your last wishes.

This article is for educational purposes only. You should not use it as legal advice.

Rethinking your estate plan due to divorce

Tue, 30 Jul 2019 15:08:31 GMT

When someone files for a divorce or finds themselves in the middle of the divorce process because their spouse no longer wants to stay in the marriage, they may be flooded with a plethora of emotional, financial and legal concerns. The divorce process can turn someone’s life upside down in many ways, especially for those who are not prepared for the changes that may be coming and the legal topics that may surface. Another way in which divorce can affect one’s life involves estate planning, whether someone creates an estate plan after splitting up with their spouse or decides to take a second look at their plan due to divorce.

If you are trying to deal with divorce-related issues or your divorce is complete, you may need to focus on your estate plan and the different ways in which the end of your marriage could affect this critical aspect of your finances (as well as your loved ones). You may need to remove your former spouse from your estate plan, especially if they were given authority over your estate or they were listed as a beneficiary. You may even need to remove other beneficiaries or add beneficiaries following your divorce.

Divorce can also affect one’s finances in an array of ways, from their financial outlook changing to alimony and child support obligations. When a marriage comes to an end, it can change a family’s dynamic in different ways, prompting someone to rethink their estate plan (especially if children are involved). We realize how difficult estate plan revision and the divorce process can be, and we write more about this on our website.

Discussing estate planning with your spouse

Tue, 30 Jul 2019 13:38:08 GMT

There are many different aspects of creating an estate plan, and the process can be complicated for a host of reasons. From uncertainty with respect to naming beneficiaries to deciding how assets will be divided and who will be given the responsibility of managing an estate after you pass away, there are many key decisions that have to be made. Often, those who are married include their spouse in their estate plan in multiple capacities. Moreover, discussing these matters with your spouse can help get rid of uncertainty, provide some peace of mind and offer a better understanding of how to move forward and how your estate plan may affect the entire family.

There are many different topics that you may want to discuss with your wife or husband. For example, you may not even be sure which type of estate plan will suit your needs best, whether you are considering a will or are thinking about one of many different kinds of trusts. You may also be able to share some of your concerns with your spouse and turn to them for support. Estate planning can be very stressful, especially for those who have never worked through the process before, and it is important to seek out any resources that can assist you (including turning to an experienced legal professional, perhaps).

Our law firm knows the many different challenges that people can encounter when they are creating an estate plan , and we strive to provide useful information to people who are dealing with any legal matter related to their estate plan.

Comparing the ins and outs of different types of estate plans

Tue, 30 Jul 2019 13:38:08 GMT

When it comes to estate plans, you may need to take a lot of different factors into consideration in order to find one that is best for you. For example, if you have a loved one with special needs, many children, no children, a spouse or a significant amount of wealth, these factors could make it especially important for you to review your estate planning options. After all, every single person is in a different position when it comes to creating a will or setting up a trust (of which there are many different types).

It can be daunting to figure out which type of estate plan is best. You might be thinking about whether you should get a special needs trust to help someone who has special needs after you pass away, or you may be worried about how your assets could be affected by one of your family members going through a divorce. For example, if you leave a lot of property to one beneficiary and they split up with their spouse, there may be a number of issues at hand. Furthermore, you may have a lot of questions regarding the tax implications of an estate plan and you may want to compare different types of estate plans with regard to tax obligations.

There are a lot of different factors to examine when it comes to your estate plan and we go over many of these issues on our site. Please be sure to read about any other topics you are thinking about regarding the estate planning process .

Dealing with legal challenges as an older adult

Tue, 30 Jul 2019 03:55:55 GMT

On our blog, we cover a number of topics, from estate planning to Medicare issues and key decisions that have to be made regarding the end of one’s life. All of these topics carry over into elder law, another key focus of our law firm, and there are many other legal matters that older adults may have to deal with. We understand how challenging it can be for older adults and their loved ones to work through these issues for multiple reasons, and we believe it is imperative for those who have uncertainty or are struggling with these topics to develop a comprehensive understanding of the best way to work through these challenges.

As if confusion and stress related to the ins and outs of various laws is not difficult enough, some older adults are facing other hardships in their lives which can make it even tougher to deal with elder law matters. For example, some may be going through a serious health problem that diverts their time, energy and attention from legal issues that need to be addressed, while others may be struggling with the loss of a spouse or someone else that they love. Unfortunately, failing to approach these legal challenges from the right angle can make life (as well as the end of life) even more complicated.

Whether you are unsure about what to do regarding your estate, have concerns about various aspects of your health coverage, are worried about nursing home abuse or are working through any other tough challenge related to elder law, it is imperative to be informed and aware of your legal rights .

Working through a tough probate dispute

Tue, 30 Jul 2019 03:24:30 GMT

From creating an estate plan to managing a loved one’s estate after they pass away, the estate planning process can be complex and emotional from start to finish. Unfortunately, disagreements can arise at various points, and they are especially likely to surface during certain times, such as the probate process. Disagreements during the probate process can be very complex and may lock family members into a bitter dispute, which can make the entire situation more challenging—especially for those who are already distraught over the loss of their loved one.

Probate disputes may arise for multiple reasons. Sometimes, a family member who has been placed in charge of their loved one’s estate may be accused of wrongdoing, especially if a beneficiary is upset with how the estate plan is being managed. These accusations are not always valid, and they may be the result of bitterness and contempt. On the other hand, there are times when those who have been given these responsibilities abuse their authority. For example, someone may fail to distribute the assets of an estate correctly, either on purpose or accidentally.

Sadly, probate disputes have the potential to bring even more heartache into the lives of family members. Sometimes, they can put siblings against each other and create hostility between various relatives. In some cases, these hurt feelings can lead to estrangement and additional hardships. As a result, if you are preparing for the probate process or are already going through a complicated dispute, it is very important to have a clear understanding of the different options in front of you and approach these issues with caution.

Rethinking your estate plan due to divorse

Tue, 30 Jul 2019 03:21:08 GMT

After your child’s accident: planning for the future

Thu, 11 Jul 2019 15:16:11 GMT

A catastrophic event that leads to a brain injury, spinal injury or other life-changing health condition for your child may have you wondering how you can ensure that he or she has a secure future. Ongoing medical care will be necessary and expensive. There may be assistance programs available, but you are unsure about eligibility.

Fortunately, there are many estate planning tools that allow you to plan for your child’s current and future physical and financial needs.

Special needs trust

Perhaps a judge or jury determined that your child should receive a large financial award because the negligence of someone else caused his or her condition. This money may disqualify your child for benefits such as Medicaid or Supplemental Security Income until you have used it all. However, once it is gone, your child may become impoverished.

You may want to consider transferring your child’s award to a special needs trust. The trust owns the assets, and you appoint a trustee to manage them. Your child no longer has a full bank account and may become eligible for assistance, and the trustee can provide a monthly income that meets the eligibility limits. Even after you die, your child will have that financial security.

Life insurance trust

You could also set up a trust, transfer money to it and appoint a trustee, then instruct the trustee to purchase life insurance with the money. He or she would name the trust as the beneficiary of the policy and pay the premiums from the assets you place in the trust.

When you die, the trust receives the money and then functions similarly to a special needs trust, with the trustee managing and distributing the assets according to your instructions. However, there are some facets unique to a special needs trust that may provide additional benefits.

Guardianship

If you do not name a guardian for your child, the court will appoint one when you die. It is very important to find the right person: someone you know will care for your child the way you do. You could appoint the trustee to also fill the guardianship role , or you could choose to separate the financial and caregiving duties between two people.

The most important thing is to ensure the fulfillment of all of your child’s needs, now and in the future.

After your child's accident: planning for the future

Thu, 11 Jul 2019 13:38:08 GMT

Fortunately, there are many estate planning tools that allow you to plan for your child’s current and future physical and financial needs.

Special needs trust

Life insurance trust

Guardianship

The most important thing is to ensure the fulfillment of all of your child’s needs, now and in the future.

How can life insurance impact the probate process?

Tue, 19 Feb 2002 19:25:25 GMT

On Behalf of Brothers & Henderson, P.S. Feb 19, 2025 | Probate |

Life insurance significantly affects probate proceedings. Understanding how policies work helps you plan effectively and avoid unnecessary delays. Whether a policy goes through probate depends on key factors like beneficiaries, estate debts, and policy ownership.

Does life insurance go through probate?

Life insurance typically bypasses probate if a valid beneficiary exists. When a policyholder dies, the insurance company pays the death benefit directly to the designated person. This allows beneficiaries to receive funds quickly without waiting for probate to conclude. However, if no beneficiary exists or the named individual has died, the payout becomes part of the estate and undergoes probate.

How estate debts impact life insurance

In Washington, life insurance proceeds generally do not cover estate debts if a beneficiary exists. However, if the policy becomes part of the estate due to a lack of beneficiaries, creditors may claim those funds. This delays distributions to heirs and reduces the overall inheritance. Naming a living person, rather than the estate, helps protect life insurance funds from creditors.

The role of policy ownership

Who owns the life insurance policy also affects probate. If the deceased owned the policy, it becomes part of the estate for tax purposes, even if it avoids probate. Transferring ownership to a trust before death shields the policy from estate taxes and probate. Setting up an irrevocable life insurance trust (ILIT) keeps proceeds separate from the estate.

How Washington law affects life insurance in probate

Washington law provides clear rules for life insurance payouts. State statutes prioritize named beneficiaries over estate claims, but probate still applies if no valid designation exists. Planning ahead by keeping beneficiaries updated and considering a trust prevents complications.