May 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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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.
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.
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.
