We are moving to our new office (905 S. Monroe) this week!  The new space is coming along, with plenty of work to do still, but we should be in and operational by the end of the week.  Here's a few interior sneak peaks and a view from the upper deck out across to Huckleberry's Natural Market and Ace Hardware on the South Hill in Spokane. We are excited for more space, easier handicap access, and better parking. Hopefully, as covid concerns continue to decline, we can have a grand opening celebration at some point this spring or summer. 

We're moving, but not far and not quite yet! The new address will be 905 S. Monroe, directly across the street from the Huckleberry's, Ace Hardware, and Swinerton Builders on the south hill of Spokane. It's scary to make a big commitment during these uncertain times and we love our beautiful current space, but are outgrowing it a little and would love dedicated client parking and better handicap accessibility (a short walk or roll around the veranda from the parking in the back).  The location couldn't be better for the clients we work with and only a few blocks from our current location!

With covid-19, we want the flexibility to meet clients outside for document signings, but still be somewhat protected from the elements, which we will have the option to do immediately.  We don't have a timeline yet for a full move, but hope to complete it at the end of the year or early next year after it receives a little renovation and set up.  Until then, if we need a covered outdoor space to sign documents, we will begin using our new wrap-around veranda for that, which is on the same level as the parking in the back!  For now, we will remain where we are (and often working from home) and still primarily meet with clients by phone, Zoom, Facetime, or whatever other mechanism we can to accommodate safe interactions. Stay tuned for updates and progress news!

We are excited to accommodate more clients since we are feeling the community's need to prepare for or deal with the inevitable, particularly with the recent record numbers positive tests and hospital admissions due to covid-19 in our area. We love to educate our clients about the options and techniques available to them. See some of our answers to frequently asked questions and common misconceptions on our website. For assistance with Spokane wills, trusts, probate, trust administration, and business formation and succession, contact Megan Lewis Law, PLLC.

wantTo probate or not to probate, that is the question. The internet is full of useful, and not so useful, information. Countless articles are written about probate and estate planning from a framework of fear, not proactive organization. The avoidance of probate at all costs is a perfect example, especially in Washington state where our probate process is not as onerous as other states.

In our practice, we assist clients in all stages of the planning and implementation process. In general, "probate" is the process by which a will is put into action through approval of the court and a "Personal Representative" is given the legal authority to manage the process. If there is no will to follow, the law provides defaults for where assets go and who gets to be in charge. This is typically required for estates over a total of $100k or including any real estate. The probate laws, or statutes, provide us with a certain number of steps to follow at certain intervals in order to make sure that creditors are paid or cancelled out, that assets are gathered, and that the individuals entitled to receive inheritances, do, in fact, receive them. If there are disagreements or disputes, the probate laws give us a mechanism to figure those conflicts out, through the court or otherwise. The process should not be feared, but can be time consuming and confusing. An experienced probate attorney can guide you to understand whether you actually need to open a full probate for your loved one's estate or if there are other options available to you. They can also advise and lead you through each step of the process, letting you know what comes next and specific tasks you need to accomplish. An attorney can let you know if, as the Personal Representative, you have the authority or discretion to make certain decisions and what actions would likely violate the law or cause conflict with beneficiaries.

The cost of a probate varies greatly, mostly depending on the complexity of the estate, number of debts, and disagreements among beneficiaries. Each type of asset has its own requirements in the process, so a very valuable asset may be easy to deal with while a practically worthless asset may be a pain in the rear to clear out. In Washington, neither the State nor the attorney typically take or charge a percentage of the estate.  Attorneys generally charge their or their staff's hourly rate for work actually done on the project. You can minimize cost by ensuring that your loved one's assets, accounts, and affairs are in order and streamlined. A person with an up-to-date Will and beneficiary designations that aren't conflicting will have a much easier probate.

Also, if you want to eliminate court involvement and operate with a bit more flexibility (and often save money in the long run), you may transfer your assets into a revocable living trust. Assets in a trust avoid probate.  There are other, much more important, reasons to have a revocable living trust, but avoiding probate is also one of the minor benefits of having a trust in the state of Washington.  Even with a trust, some of the same process needs to be followed to "administer" the trust according to the terms within the trust.  For example, creditors still need to be paid or dealt with, assets still need to be inventoried and valued (or appraised), and beneficiaries still need to receive their inheritance as directed by the legal terms of the trust.  A step by step approach can make this process manageable. Again, getting legal advice about your rights and responsibilities regarding these steps, either as the fiduciary (Personal Representative, executor, trustee, etc.) or beneficiary, can prevent a huge deal of conflict and liability down the road and ease the stress of going through the process in general.

If a loved one has died without a current well-written will or trust, the world will not likely end even if their wishes are unknown or unmet as a result. However, the people left behind to deal with assets and issues do need to deal with them. Inaction can cause its own problems, such as leaving the deceased's name on accounts or real estate that eventually have to be dealt with, usually when someone wants to sell an asset and can't do it until the probate is in progress, or beneficiaries start complaining of mismanagement or unmet duties.

Megan Lewis Law, PLLC can provide you with the information, education, and legal advice necessary to take it all one step at a time. We can often conduct meetings virtually to continue our current social/physical distancing policies, for convenience, or because you live elsewhere in Washington. We can serve clients all across Washington state.  Complete a contact request for help with opening a probate, administering a trust, or getting estate planning put in place.

We are currently conducting all meetings by web/phone conference (FaceTime, WhatsApp, Zoom, etc.), except for final signings. The legislature approved, and the governor signed, electronic notarization of documents on April 26, 2019, under very specific rules and requirements, but it wasn't set to go into place in Washington until October 2020.  Recently, Governor Inslee approved a temporary immediate use proclamation of this statute until the end of April (effective March 27 2020 through April 26, 2020).  However, this does not change the requirement that Wills and certain other documents have to be physically witnessed.  We are currently conducting signings with a "drive thru" option where clients remain in their cars and we provide documents on a clipboard, and other low-contact/low-exposure methods depending on each situation. We are working to get our notary licenses updated and our software in place to provide electronic notary services and we are continuing to monitor our options and provide the most effective method of getting wills, trusts, power of attorney, health care directives, and other Washington estate planning and probate documents in place for our clients. For help with Washington estate planning and probate,  visit our website to fill out a direct contact form.