July 2019
Recent Posts
Washington's estate tax exclusion is now $3M, but the top rate jumped to 35%. Seattle's Brothers Henderson Durkin breaks down what these 2025 changes mean for you.
Find the right Washington estate planning attorney with this guide from Seattle's Brothers Henderson Durkin. Learn what to look for in fees, experience, and fit.
Lost a loved one? Seattle's Brothers Henderson Durkin shares what to look for in a Washington probate attorney — from experience to fees to avoiding probate fraud.
At 18, your child is a legal adult — and you lose access to their medical and financial info. Seattle's Brothers Henderson Durkin explains what every family needs.
Brothers Henderson Durkin, P.S. proudly announces the promotion of Katie Marrs and Amy Spitzer to partners, recognizing two outstanding attorneys whose leadership, judgment, and dedication to clients exemplify our values. Both Katie and Amy have become trusted leaders within the firm distinguishing themselves through exceptional client service, practice area knowledge, and leadership within the elder law, disability, guardianship, and healthcare communities. Their advancement strengthens our management team and reflects our long-standing commitment to compassionate, high-quality representation. “We are delighted to promote Katie and Amy to partners of the firm,” said named partners Joshua Brothers, Christopher Henderson, and Katrina Durkin in a joint statement. “Both are leaders in disability and elder law and have earned the trust and respect of clients and colleagues alike. As partners, they will continue delivering exceptional client service while taking on expanded leadership roles guiding the firm’s growth and mentoring the next generation of attorneys.”
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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.
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.
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 .
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 .
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.
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.
