Lori Rath  Of Counsel

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Practice Emphasis

As an estate planning, trusts, and probate attorney, Lori Rath creates comprehensive and carefully tailored estate plans for her clients during their lifetimes, and provides thorough legal advice and oversight for trusts and the probate process after a death occurs. Lori also routinely represents clients in the process of negotiating property agreement, such as prenuptial and postnuptial agreements. Lori enjoys and is skilled at working with clients whose lives and circumstances vary widely in terms of factors such as age, financial resources, professional and business activities, and family makeup and complexity. Lori serves as the chair of Lasher’s Estate Planning, Trusts & Probate practice group.

Prior to joining Lasher Holzapfel Sperry & Ebberson, Lori was a law clerk for the Honorable Susan R. Agid of the Washington State Court of Appeals, practiced law in the general litigation department at Riddell Williams P.S., and had a solo estate planning practice for six years. During law school, Lori served as a judicial intern to the Honorable William L. Dwyer of the United States District Court, Western District of Washington.

Practice Areas

Education

  • Bachelor of Arts with Honors (Theology & Ethics), 1993, University of Iowa
  • Post-graduate study, Centre for the Study of Literature & Religion, 1993-94, Glasgow University, Scotland
  • Juris Doctor (Law), 1999, University of Washington

Representative Cases

Lori represents estate planning clients whose assets are diverse in both size and type.  Throughout the estate planning process Lori identifies and addresses tax planning issues and opportunities, if appropriate, and works closely with clients to consider the uniqueness of individual assets and specific planning options.  For example, Lori works with clients whose estates include assets such as oil and mineral rights, real property located in other states, foreign assets, vacation homes, royalties, professional practices, closely held businesses, and high-value artwork and collectibles.  Lori is also competent at advising clients who wish to include charitable giving in their estate plans, using tools such as charitable trusts or structuring gifts for purposes such as establishing an academic scholarship program or endowment fund.

Many of Lori’s estate planning clients have “blended families,” a scenario that often raises particularly complex questions as clients seek to ensure that their current spouse or partner - as well as children from one or more prior relationships and the current relationship - are adequately provided for.  Lori is skilled at guiding clients through this decision making process so that a suitable plan is established to address sometimes competing interests.  Lori also often represents parents of young children, including children with disabilities, to develop an estate plan that contains appropriate support, safeguards, and instructions for the children’s care, consistent with the parents’ resources and values, in the event that neither parent is living.

Lori routinely works with gay and lesbian couples, both married and unmarried, to navigate the particularly unique and ever-changing legal landscape as it relates to the planning process for same-sex couples.  In addition, estate planning is particularly important for single people and unmarried couples who do not have the same default legal protections that Washington law provides to married couples.  Lori frequently works with such clients to craft estate plans that ensure that the client’s wishes are honored and that minimize the possibility of a dispute among family members after the client’s death.

With excellent support from the paralegal team at Lasher, Lori handles a variety of probate and trust administration matters, from relatively simple proceedings to more complex cases.  For example, Lori handles estates involving complex debt and insolvency issues, disputes regarding the ownership of real property, and the sale or donation of valuable artwork and other collections.  Many of Lori’s cases also involve serious conflict among family members, and Lori often represents clients in matters that fall within the Trust and Estate Dispute Resolution Act (TEDRA).  The TEDRA matters in which Lori has successfully represented clients include:

•             Served as court-appointed guardian ad litem for three minor beneficiaries when another family member contested the distribution of a trust the minors’ grandmother had established before her death; matter successfully resolved in mediation.

•             Represented a beneficiary of a trust who sought to have a trustee appointed when all of the named trustees were either unwilling or unable to serve; client’s selected trustee was appointed by the court.

•             Represented a surviving spouse whose wife died in a tragic accident after which other family members claimed an interest to a trust the wife’s aunt had established for her; case successfully concluded in mediation.

•             Represented the trustee of an educational trust that had outdated and vague distribution requirements when serious disputes arose among the beneficiaries; case successfully concluded with negotiated, written TEDRA agreement.

Finally, Lori often represents clients in the negotiation process relating to prenuptial agreements, postnuptial agreements, and domestic partnership agreements.  Throughout these proceedings, which are often especially challenging due to the complex emotional and practical matters that arise, Lori has successfully protected her clients’ interests while ensuring that fair and durable agreements are reached.

Bar Admissions

  • Washington State Bar Association (1999 to present)

Publications

  • "Estate Planning for Seniors," chapter in Legal Voice’s Legal Handbook for Seniors, 2012
  • "Withholding resuscitation for 'compelling reasons' – King County’s groundbreaking approach," published in King County Bar News Bulletin, July 2005

Professional & Civic

  • Named a "Super Lawyer" by Washington Law & Politics, 2014
  • University of Washington School of Law Graduate Program in Taxation, Adjunct Professor, 2013 - present
  • Seattle University Planned Giving Committee, Member
  • Seattle Philanthropic Advisors Network, Member
  • Estate Planning Council of Seattle, Member
  • Seattle Children's Hospital Legacy Advisors, Member
  • WSBA Real Property Probate & Trust Section and Taxation Section, Member
  • Seattle Audubon Society, Legal Advisor, 2009-2012
  • People's Memorial Association & Funeral Co-op, Board Member, 2009-2012
  • Casa Latina, Board Member, 2002-2009
  • Selected as a “Rising Star” by Washington Law & Politics, 2009-2011
  • Recipient of Washington State Bar Association Community Service Award, 2008

Presentations

  • Probate & Trust Administration Fundamentals: Effective Representation of Estates, Personal Representatives and Trustees, a WSBA Continuing Legal Education seminar, Co-Chair and Speaker, August 2013
  • Estate Planning Lessons Learned from the Estates of the Rich & Famous, an NBI Continuing Legal Education Speaker, December 2012
  • Estate Planning: Fundamentals, Forms and Ethics, a WSBA Continuing Legal Education seminar; Co-Chair and Speaker, August 2011 & August 2012
  • Understanding Washington’s New Domestic Partnership Act: Presentation at EdwardJones Seminar, Seattle, February 2010
  • Ethics and Estate Planning, Presentation at National Business Institute Seminar, Seattle, May 2008 & December 2008