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Resources2023-02-22T10:52:56-08:00

Elder Law Legal Resources

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 ...

December 7th, 2022|Categories: 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 ...

September 6th, 2022|Categories: 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|Categories: 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|Categories: 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 ...

May 11th, 2022|Categories: 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. ...

February 25th, 2022|Categories: 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 ...

November 5th, 2021|Categories: 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 planning ...

October 13th, 2021|Categories: 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 ...

September 2nd, 2021|Categories: Estate Planning|

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