July 2024
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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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.
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.
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.
