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Wills and Trusts

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|

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|

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 Wills and Trusts in Washington

Drafting and executing Wills and Trusts can be a complicated and confusing process. Below are some of the most frequently asked questions covering everything you need to know about wills and trusts in Washington state:

What Are Wills and Trusts in Washington?

Many may think these are similar, but there are notable differences between the two and when trying to decide which type you need for a complete Estate Plan, rely on Evergreen Elder Law to help:

Wills: Take effect as soon as your pass away. A Will details how your estate is divided among those you name in the document and you …

February 11th, 2021|Special Needs Planning, Wills and Trusts|

Fame, Fortune & Dying Without a Will

I was saddened to hear of the recent loss of Tony Hsieh, retired CEO of Zappos.  Under Mr. Hsieh’s leadership, Zappos went from $1.6M in revenue in 2000 to $1B in revenue in 2009.  It brought him fame and fortune. That fortune being $850M at the time of his death.

What really struck me as I read the news about him was the comment that Tony Hsieh passed away without having a will in place.  As any attorney that practices Elder Law, we know this happens frequently. People often die without a will in place, though, not usually at …

December 21st, 2020|Estate Planning, Wills and Trusts|

Up and Personal with Telelaw

By Holland McBurns, Managing Partner, Evergreen Elder Law

Remember not so long ago when “up and personal” meant a hug or handshake? When getting together didn’t require a mask? When sitting in my office care meant we could sit at a table together and not worry about our health and passing germs?

I miss seeing my clients. I miss having them come into my office and getting to know them on a personal level. I’m saddened they are leery of leaving their homes due to a virus that they can’t see or feel. But I’m heartened that we now have the option …

Yes, Yes, Yes! Everyone Needs Health Care Directive

By Holland McBurns, Managing Partner, Evergreen Elder Law

Who knew that 2020 was going to be a year where our health was going to be at the forefront of a global pandemic. People waiting in long lines to be tested for a virus. Having your temperature taken to have a meal at a restaurant. Oh, and at the restaurant, being seated 6 feet apart! And don’t forget your mask. Yet, while we practice social distancing (including at our office by offering telelaw), wear a mask, wash our hands a zillion times a day, we don’t plan for actually contracting the …

July 8th, 2020|Estate Planning, Wills and Trusts|

Powers of Attorney & Why you need to have one NOW! +PLUS Coffee, Community and Kittens

You may have heard of a legal document that is called a “Power of Attorney”, but do you know what they do? This document allows you to choose a person to make decisions on your behalf for medical or financial, in the event that you are incapacitated or incapable of making decisions on your own. Having your estate planning in check early is one of the best ways to protect your assets and reduce stress on your family down the road.

What is a “Power of Attorney”?

It is an undervalued, and extremely important, document especially right now with the uncertainty …

June 8th, 2020|Estate Planning, Wills and Trusts|

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Testimonials

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.

Anthony

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.

Anonymous

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.

Anonymous

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.

Nadine and Mark Huck

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.

Leesa Van Zandt

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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.

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