Insight, Analysis, and Perspective for Businesses and Individuals

Prenuptial agreements are touchy subjects. Sometimes they can be perfectly fair and fine contracts between soon-to-be spouses. Other times they can grossly favor one spouse over the other. In a previous blog post, I discussed how divorcing spouses may challenge their prenuptial agreement.  Courts apply a two-pronged test to determine whether to uphold the agreement: […]

Nearly 140 years ago, the United States Supreme Court first recognized that one who causes harm to another should not financially benefit from the estate of the harmed person. In Mutual Life v. Armstrong, the defendant was the beneficiary of an insurance policy. However, the defendant was tried and convicted of killing the policy holder. […]

In 1990, attorney Stuart Webb inadvertently pioneered a new process for divorce aimed to minimize conflict and to resolve matters collaboratively and expeditously. Webb practiced family law and introduced a novel idea: he agreed to represent clients only if both spouses committed to staying out of court. If either spouse filed a motion or initiated […]

The enforceability of noncompetition agreements is a widely debated topic in and outside of the legal world. In just the last year, it has been a repeat topic on the floor of the Washington state legislature. States across the county are seeing a trend toward the unenforceability of overly restrictive restraints on employees’ trade. Currently, […]

Since 2018, estate planning legislation in Washington has remained stagnant. Increases in our legislated estate tax exemption rate had been tied to a Consumer Price Index that no longer existed, and the legislature largely ignored the issue. Recently, the Washington State Legislature finally turned an eye to addressing the issue and enacted a bill which […]

As a product of the COVID-19 pandemic, Washington courts, like many others, were forced to adopt a virtual format with respect to live hearings and trials. This meant opting to conduct proceedings using Zoom, Microsoft Teams, WebEx, and other similar video platforms. What started out as an emergency response based on public health necessity seems […]

Cryptocurrency is an increasingly common investment in spouses’ portfolios. While cryptocurrency can present unique challenges due to the various exchanges, different forms of recordkeeping, and new vocabulary, the key questions for purposes of divorce are the same as for more traditional assets: When Was the Cryptocurrency Acquired? It is important to identify when you purchased […]

Overview of The Spousal Residence Exclusion Washington state recently enacted some changes that may impact married couples and registered domestic partners. Under the new Spousal Personal Residence Exclusion, when a spouse/partner passes away on or after January 1, 2025, the decedent’s share of the family home in some situations will not count when determining whether […]

Residential construction contracts will often contain technical terms or jargon that leave many homeowners with uncertainty. Homeowners should be cautious of implicitly agreeing to language they do not understand when entering a construction contract. As a primer, the following are some words commonly found in residential construction agreements that homeowners should understand before entering into […]

If your business has taken a hit because of tariffs or market volatility, the law may offer a path to modify your spousal support obligations—but it’s not automatic. A client runs a successful U.S.-based fashion brand that relies entirely on a specialized garment factory in Asia. When the most recent round of tariffs hit, the […]

In Washington, sellers of commercial property are required to complete and timely provide a buyer with a seller disclosure statement (commonly known as the Form 17 Comm) containing specific information about the property pursuant to RCW 64.06.013. The seller disclosure statement is required for all transactions with a few exceptions which include, without limitation, foreclosures, […]

Springtime is a great time to review your current estate plan or consider creating one.  This year brings a number of opportunities for creating an estate plan, pursuing gifting strategies, and considering philanthropic goals.  Here is a highlight of a few estate planning opportunities for this year: Increased Estate, Gift, and Generation-Skipping Transfer Tax Exemptions […]