FREQUENTLY ASKED QUESTIONS

GENERAL QUESTIONS

  • For the most prompt response, we recommend that you call our main office line at (509) 455-5300.  

    If you are currently working with one of our attorneys, you may also send them a detailed email.

  • Our office is located in the Washington Trust Bank, West Tower building, across the street from the Historic Davenport and the Spokane Transit Authority.

  • We validate parking for the parking garage located within our building and encourage you to take advantage of this.  

    Our address on most map applications will route you to the front of our building along Sprague Avenue.  The parking garage may be entered from the back of the building along 1st Avenue.

  • Thank you for your consideration.  Client referrals are a source of pride for us. Please feel free to provide your friend, family member, or colleague with our contact information and we will do our best to assist them. 

ESTATE PLANNING

  • When an individual dies without a valid Will they are considered to have died “intestate.” When this occurs their probate assets will be distributed to their then living heirs at law, with the heirs and amounts distributed to each heir to be determined by the individual’s home state intestate succession laws.

  • A question like this cannot be fully answered in a short paragraph, however, the main benefits of having a Will include: (1) the ability to determine how your assets will be distributed upon your passing (2) naming the Personal Representative who will administer your Will, (3) planning in a manner that will reduce or eliminate estate taxes incurred upon your passing, (4) the ability to appoint a guardian for your child or children, and, perhaps most important, (5) planning to ensure proper procedures are in place to facilitate a smooth transition for your loved ones as they learn to navigate life without you.

  • A Personal Representative, also referred to as an executor or administrator, is an individual that manages the estate of a deceased person. 

    The duties of a Personal Representative include collecting and safeguarding all probate assets, creating an inventory of all estate assets and debts, working with creditors, and distributing assets to the beneficiaries as directed.

  • A trust is a legal entity that may acquire, hold, and distribute property. 

    A trust is managed by its Trustee, who must administer the trust in accordance with its terms. 

    Often trusts are created to provide support for a loved one, to reduce estate tax liability, or to avoid probate.

  • There are generally two categories of Powers of Attorney utilized in estate planning: (1) healthcare and (2) finance/property. Under either authority, an individual (referred to as the Principal) designates someone (referred to as the Agent) to make decisions on their behalf within the scope of powers provided in the document. Powers of Attorney can be drafted to be effective immediately or, for example, upon the Principal’s disability (i.e., inability for one reason or another to make decisions on their own behalf).

  • A Healthcare Directive, also referred to as a Living Will, sets forth your written directions regarding what medical care and/or treatments you would or would not like to receive in the event you are in a terminal condition or irreversible coma and cannot advocate for yourself.

ESTATE PLANNING PROCESS

  • Estate Planning is the process of planning for your assets and the people or entities you care about so that directions are in place in the event you are either incapacitated or pass away.  The process includes getting to know your estate planning attorney and providing, in confidence, information about you, your goals, your family and loved ones, your assets and your financial situation... Important income and estate tax considerations will also be made in this process. Estate planning also likely includes naming the people who assist you in the event you become incapacitated, setting forth your wishes about medical care and treatment, planning for long term care, and planning for the special needs of an incapacitated family member or loved one.

  • Prior to meeting with an attorney, it is often helpful to complete an estate planning questionnaire, providing information about yourself, a spouse, domestic partner, or other intimate relationship, your children, your assets (house, retirement accounts, investments, bank accounts, business interests, etc.). Please inquire for a form to complete.

    In addition, it is helpful to think about the following in advance: 

    • A general estimate of your net worth;

    • Whether you would like to give any specific items or pieces of property to a specific person or persons;

    • To whom or which entities (charitable or otherwise) you would like to give the remainder of your property after any specific gifts are distributed;  

    • The succession of individuals you wish to designate to act for each of various roles including as your Personal Representative, Health Care Agent, Financial/Property Agent, and/or Trustee (note that the agents named for each role can vary as to each position); and

    • If you have a minor child, the people you would trust as your child’s guardian(s), and any alternates.

  • While it is always helpful to have something in mind, one of our attorneys will advise you regarding the value (and potential tradeoffs, if applicable) of each estate planning document or tool, and recommend what they believe would be most appropriate. This way you can make an informed decision as to what documents you would like drafted. 

  • Estate planning documents are effective to the extent they capture your present life circumstances. You should review your estate plan about every two years to make sure it continues to reflect your circumstances and desires. 

    Additionally, we recommend you review your estate plan if any of the following events have occurred:

    • Death or disability of a family member;

    • Marriage or divorce;

    • Birth or adoption;

    • Health problems or serious illness;

    • Sizable increase or decrease in value of estate;

    • Sizable increase or decrease in income or nature of income

    • Retirement or change in employment;

    • Desire to change Personal Representative, Guardian, or Agent;

    • Death or incapacity of Personal Representative, Guardian, or Agent;

    • Receipt of sizeable inheritance or gift; and

    • Changes in tax laws.

PROBATE & ADMINISTRATION

  • Probate is the process of administering the estate of a deceased individual, starting with initial filings and ending with closing the estate after all creditors have been duly paid and all assets have been distributed.

  • Probate assets are assets owned by an individual at death that do not include automatic provisions for transfer, such as a beneficiary designation or similar dispositive mechanisms. 

    Non-probate assets are assets that transfer, for example, according to the terms of a contract, trust or beneficiary designation. 

  • There is no obligation to accept when someone has appointed you as their Personal Representative. It’s important to keep in mind that working as a Personal Representative is a fiduciary position that will require you to communicate with the court, the estate’s beneficiaries, and the estate’s creditors. 

TAXATION

  • Gift taxes are taxes imposed when someone transfers property during their lifetime for less than its fair market value. Because of the complexities of the federal gift tax, please seek qualified advice. 

  • Estate taxes are taxes that may be imposed by federal and state governments after an individual’s death based upon the value of the decedent’s estate assets after consideration of any applicable exemptions under both federal and state laws. 

    Depending on the applicable exemptions and the size of the decedent’s estate, estate taxes incurred can range, for example, in Washington State, from zero estate taxes owed up to sixty-one percent (61%) of the value of assets in combined federal and Washington State estate taxes.