News Category: Estate Planning
Remember the Remainderman: Rights and Responsibilities of a “Life Tenant” in Washington State
In the State of Washington, a life estate is a legal arrangement where a person, known as the “life tenant,” has the right to use and occupy a property for the duration of his or her life. The life tenant has all the same rights and responsibilities as a regular owner, but only for the
Estate Planning 101: Making Bequests to Charity
Many clients opt to make charitable donations to further charitable intentions and to perhaps help reduce estate tax exposure in the process. Charities often fulfill needs and perform work that the government does not otherwise provide, and supporting a charity can stretch one’s dollars further as charities can be more efficient with the contributions than
What to Know if You’re Getting Divorced and Your Spouse Holds Power of Attorney
Worried about a financial power grab in divorce? A power of attorney can be like writing a blank check to your spouse. Many married couples will sign powers of attorney as part of their estate planning documents, which provide broad authority to act on the other spouse’s behalf. Estranged spouses have used powers of attorney
It is Now Easier and Less Expensive to File a Late Portability Election via Form 706
On July 8, 2022, the IRS issued Rev. Proc. 2022-32 that simplified the method for obtaining late relief for failure to timely make an estate tax portability election and extending the time for filing portability returns from two years after the death of the first-to-die spouse to five years. A portability election allows the surviving
When Animals Are More Than a Pet: Differences in Rights and Responsibilities for Service and Emotional Support Animals
What is the difference between a service animal and an emotional support animal? A service animal is a dog which has been trained to perform a specific task or to do work directly related to a person’s disability. Service animals perform a wide variety of vital services such as allergen alerts, seizure response, and hearing
Estate Planning 101: Making Exempt Gifts
I have yet to meet a client who wants to pay estate taxes. Tax avoidance is among the primary reasons people meet with estate planning attorneys and develop estate plans. In 2022, the federal gift, estate, and generation skipping transfer tax exemptions are $12,060,000 per person (which is indexed for inflation and will rise through
In re Marriage of Watanabe: Washington Divorce Law: Still No Joint Title Gift Presumption
The saying that “the beaten road is the safest” is typically associated with advice not to take unnecessary risks and to play things safe. In the law, the notion rings true for courts and their adherence to established precedent and rulings. Judges follow precedent to promote fairness and uniformity in handing down decisions, that way
The Importance of Post-Divorce Beneficiary Planning
When you’re in the throes of a separation or divorce, it is easy to forget the importance of updating your will and your estate plan. With so much happening in the here and now, things like beneficiary designations and estate planning can feel very much like an “I’ll get to it someday” problem. However, as
Estate Planning in the 21st Century
On January 1, 2022, the Washington Uniform Electronic Wills Act (“Act”) took effect and in so doing brought estate planning documents into the 21st century. The Act modifies existing requirements in order to enable people to execute a valid Electronic Will. The changes allow clients, witnesses, and attorneys to overcome challenges such as lack of
Seven Things to Consider about Prenuptial Agreements
Prenuptial agreements (prenups) are no longer the sole domain of the rich and famous. There are many reasons why more couples consider one as they enter into marriage. Each prenup is tailored to the needs, desires, and circumstances of the parties involved. What follows are some common factors to help you determine whether you would