Friendly Elder Law & Estate Planning Services


How to proof lost or destroyed will in Washington?

The loss or destruction of a person’s original Will can disrupt their best laid plans for avoiding ambiguity regarding their testamentary intentions. In Washington State, the common-law presumption that a lost or destroyed Will was intentionally revoked is known as animo revocandi (latin for “with intent to revoke”). When the original executed Will is unavailable, probating a will involves a complicated process made even more complicated by the fact that the testator is no longer present to clarify any confusion.

Probating A Will

A number of factors must be considered before probating a copy of a lost or destroyed Will:

Was …

December 7th, 2022|Wills and Trusts|

How to File a Small Estate Affidavit in Spokane 

A small estate affidavit can be used in Spokane if the following criteria are met:

  • If the affidavit is being used for personal property
  • If the assets of the deceased are less than $100,000
  • There is no real property
  • There are no debts

A small estate affidavit is sometimes referred to a variety of names and titles. Some of the most common references are:

  • A Personal Property Affidavit
  • A Personal Property Transfer Affidavit
  • An Affidavit for Disposition of Personal Property
  • An Affidavit for Distribution of Decedent’s Personal Property

Don’t get confused. All of these titles are referencing the same thing.

What is …

September 6th, 2022|Probate|

Medical Power of Attorney

Estate planning is about taking care of the future: making sure that your family and loved ones are protected and that your assets are transferred in the manner you want them to be. But what about your health? What happens if you become incapacitated or are too ill to make decisions about your own medical care? By including a Medical Power of Attorney in your estate plan, you ensure that your own wishes are honored regarding the type of healthcare you want if you cannot make those decisions. Moreover, a well-crafted Medical Power of Attorney takes much of the …

July 26th, 2022|Power of Attorney|

What’s the Difference: Durable Power of Attorney vs. General Power of Attorney

Think for a moment about how many decisions you make daily. Sometimes we need help making those decisions. A general power of attorney provides a trusted friend, family member or professional with the authority to make those decisions on your behalf. However, a general power of attorney only operates while you are still coherent and mentally capable. It automatically expires upon incapacity or death. A durable power of attorney remains operational upon incapacity, although it expires upon death. Additionally, a durable power of attorney is needed to maintain your finances, home, and business while medically incapacitated, or when experiencing …

June 2nd, 2022|Power of Attorney|

How to Avoid Probate in Idaho

The process of estate planning is not only about managing your property and assets. A big part of estate planning includes preparing for worst-case scenarios by creating plans to avoid unnecessary costs or losses and to protect yourself or your loved ones. The right estate planning can help you maximize your legacy and take advantage of best-case scenarios. Making sure that you avoid probate is a good place to start.

For many, the prospect of probate — the legal process of recognizing a will and appointing an executor to administer the estate — can cause anxiety as court proceedings can be …

May 11th, 2022|Estate Planning, Probate|

Everything You Need to Know About Wills and Trusts in Idaho

Most people religiously pay bills bank, file income taxes, and schedule appointments– all tasks that come with being a responsible adult. However, one task that many people tend to put off is setting up an estate plan to manage their affairs during possible incapacity one after.

Despite good intentions to formalize a plan, many people in Idaho die intestate — that is, without a will or estate plan. In these cases, the court decides who will inherit the assets that remain after debts are settled. At a minimum, everyone should have a will with instructions for the division of property.

In addition …

February 25th, 2022|Wills and Trusts|

How Can I Avoid Paying Estate/Inheritance Taxes When I’m Gone?

Proper estate planning will allow you to reduce or eliminate the amount of estate taxes you pay upon your death and how much your heirs will inherit.

Estate planning is an important process that defines your assets and offers tools and customized strategies to best fit your situation and lifetime goals. During your career and after, accumulating wealth is important to provide for your family, pay for living expenses, education, and so much more.
In addition to safe-guarding and growing your wealth, estate planning is also designed to help you avoid taxes.

While tax evasion is illegal, tax avoidance is a common legal …

December 14th, 2021|Estate Planning|

Idaho Wills and Trusts: What’s the Difference?

Having an estate plan is essential, regardless of age or wealth. An effective estate plan often includes a will, a trust, or both. Other legal documents and directives may also be necessary.
Understanding the difference between wills and trusts, and the different types of wills and trusts, is important. The better your understanding of these different types of legal documents, the better prepared you will be to make the right decisions to protect yourself and your family in the event you are incapacitated or die.

While estate planning may seem complex, an experienced Northern Idaho wills and trusts lawyer can advise …

November 5th, 2021|Wills and Trusts|

Power of Attorney in Washington State: What You Need to Know

Deciding to set up an estate plan can be difficult, however, peace of mind can be priceless. An Estate planning package can include a will & trust that appoints guardians for your children, estate administrators, charitable giving, and asset protection. Making these important decisions if often less onerous when you work with skilled and compassionate elder law lawyers who understand the emotional complexity inherent to these decisions and the applicable Washington State laws.

We all face uncertainty; it’s the nature of living. However, the Covid-19 pandemic and its impact on family and financial security has illuminated the urgent need to consider estate …

October 13th, 2021|Estate Planning, Wills and Trusts|

Everything You Need to Know About Estate Planning in Idaho

Death, while inevitable, is not something most people enjoy thinking about. That is why so many people avoid creating an estate plan. But ignoring the reality of life and death does not make either go away – it just complicates matters.

Regardless of one’s current age or health status, an estate plan is necessary for any person who has dependents, owns property, has savings or investments, or owns a business. A well-crafted estate plan protects your heirs and loved ones in the event of a crisis or death. It can also protect your legacy to ensure that your wishes are followed …

September 2nd, 2021|Estate Planning|


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I did some research and exploration and came upon the offices of Evergreen Elder Law. From the moment I spoke with the receptionist I felt respected, valued and regarded as an important client. I made an appointment for March 20, 2018. When I presented to their offices I spoke with someone who was sympathetic for my loss, confident that their offices could help and exuded competence. I was heartened to note that they were recognized as “Client Choice “Estate Law Office” for 2016.” And my experience with their offices made me a believer.


When my mother retired it became apparent we as a family needed help, Holland Mcburns was recommended by an acquaintance of the family. She was professional and very thorough and informative. I felt she was very up to date on the current opportunities that would best benefit my elderly mother, and make her retirement years worry free. After working with Mrs Mcburns, it was apparent that many people would benefit from her knowledge and dedication. I highly recommend her, and look forward to working with her on my estate planning.


Holland is very attentive and detail oriented. I felt well cared for, she returned calls promptly, and was always very sensitive to my needs. Holland gave me very good advice. She is very ethical and has legal services personalized to your needs.


Holland is a great listener and lawyer. When we came to her with our needs, she thoughtfully listened, was helpful with all our questions, and then explained our options. Her sense of humor helped us through some long waits with the system. In the end, we ended up with a surprisingly favorable settlement and a good friend in the courts.


Holland is truly one of the most sincere and professional attorneys I have come to know and over many years in the legal field. Her work is innovative in the complex area of estate planning and she strives to know the latest legal strategies to protect and represent her clients. Holland is dedicated to satisfying her clients’ needs and does it in a kind manner. She is a wonderful communicator both with her clients and with her colleagues. I highly recommend her to anyone in need of legal services.


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The Evergreen Elder Law Team

Evergreen Elder Law is committed to helping you create comprehensive legal, financial, and physical security for you and your loved ones. Serving the Spokane, Tri Cities and Coeur d’Alene regions, we have the knowledge, compassion and professionalism to guide you in planning for the future, giving you peace of mind as you or a loved one makes important decisions for your family and future.

Let us provide you with a free 60-minute consultation. We are available throughout the week by phone and e-mail. Contact us now to set up the initial consultation, and we will make meeting with us easy. We welcome the opportunity to meet with you to come up with the best plan to meet your needs. We are available in-person or via tele-conference.

Do you need support with Estate Planning & Elder Law?

Our attorneys at Evergreen Elder Law are ready to stand by you over the long term and work hard to protect your interests. Contact us to get started!