October 2024


Recent Posts

May 28, 2026
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.
May 27, 2026
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.
May 27, 2026
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.
May 27, 2026
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.
February 10, 2026
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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October 22, 2024
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.
October 9, 2024
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.