Happy New Year! Spring is on the horizon; work and life are busy. It seems this industry of estate planning, trust administration, and probate is on the rise. We have so many wonderful clients with interesting issues and get more calls every day. We see young families protecting their children on a regular basis, but more often we see successful working people on the verge or retiring now looking to protect the assets they worked hard for and pass on their nest egg to their children and grandchildren in a way that makes the most sense, if they can't find fun ways to spend it first. By the year 2030, all of the Baby Boomer generation is said to be over 65 with 10,000 people now reaching that mark every day. 1. Many of these people are still caring for their own parents, while helping with their children and grandchildren. It is common to let other issues take priority over estate planning until we feel it's "necessary" or until we see and feel limiting physical or mental conditions. We anticipate finding an experienced estate planning attorney will be easy, but don't expect to find that many of the attorneys in the industry are retiring as well, that new attorneys don't have much experience or  that those in the middle will have full practices.

Plans should be put into place well before problems arise, since it's too late if we wait until incapacity creeps up on us. The alternative often requires much more time and expense using the court system to gain guardianship over a person. It is also important to not only have a plan in place, but to understand the plan and educate the future decision makers (fiduciaries) about the plan and your expectations for executing that plan.  At Megan Lewis Law, we spend time educating our clients about the general workings of wills, trusts, powers of attorney, probate court, and other issues they just don't face every day. We discuss assets, family dynamics, desires for a legacy, and potential income and estate tax issues affecting both clients and their children or grandchildren. Our practice is busy and we can't take all the potential new clients coming to us, but we do our best to help as many people as possible. We also let our potential clients know how we approach our practice, what kinds of cases we focus on and if we can't help them, we try to give them referral resources. For assistance with Spokane area wills, powers of attorney, revocable living trusts, irrevocable trusts, trust administration, and probate, please call our office at (509) 557-7797 or send us a message. We can also take clients from across Washington and work by phone and email. 

1. 2020 Census Will Help Policymakers Prepare for the Income Wave of Aging Boomers, Census.gov. 

Fall is in the air and the kids are back to school. After a busy summer, it's time to find a regular routine and take care of things that fell off the to do list. One of those tasks is getting your estate planing documents in place or up-to-date. Estate planning includes wills, powers of attorney, health care directives, funeral directives, community property agreements and a number of other documents. These are particularly vital to have in place if you have minor children to ensure that your children will be cared for by the person of your choice (instead of one chosen by the court) and that money you leave for them will be guarded and spent by a trusted family member on your terms, not someone else's.  You will also be able to determine the age you want your children to take control of or receive the money you leave for them which is almost always a later age than the legal default.  Other benefits of estate planning can be to avoid probate, minimize estate tax expenses, ensure your own health care decisions are made by an appropriate person, and more.

The process isn't scary or complicated and can be easily started with a phone call. Costs vary based on the complexity of your planning needs, but we can typically give you an estimate after a brief conversation about your situation on that first phone call. You don't have to know all the answers or even have the right questions before calling because we will walk you through the process step by step. After the first phone call, we send you an engagement letter outlining the process and an intake questionnaire to help you gather necessary information. Our initial meeting typically lasts about an hour to discuss all the different options, pros and cons of various choices, substantive education about the estate planning and probate laws applicable to your situation, and next steps. Then, we typically have enough information to get drafts of your documents prepared for your review and editing. Finally, a second meeting where we walk through it one more time and execute the plan. You end up with a small binder of documents with an index of each one, listing who you named for each role and some initial steps for those people to follow when something happens to you.

For Spokane estate planning, or virtual estate planning for other Washington state locations, call Megan Lewis Law, PLLC at (509) 557-7797 or fill out our contact form to send us a message requesting we call or email you.

Our office is sponsoring and participating in the Walk to End Alzheimer's on Saturday October 5, 2019. Megan's father is currently suffering with Alzheimer's and our office has assisted many clients plan for that possibility themselves and to manage the aftermath of estate and trust administration.  Please join us to walk with Megan Lewis Law, PLLC in support, donate and fund raise to support the cause.  

We are in the process of moving to a new space! We've loved practicing out of my home and the connection it's brought to the attorney/client relationship when discussing plans for death and incapacity or dealing with the loss of a loved one and associated administrative issues. However, with celebrating a full year of having legal assistant, Seth Hinnen, on board, we're just outgrowing the space.  We will now be at the Corbet Aspray historical house at 820 W 7th Ave, Spokane, WA right between Deaconess Hospital and the Marycliff Center.  We chose this location because it still has a warm, comfortable, personal feel with beautiful spaces and grounds, but gives a little more room to serve our estate planning, probate, and business clients. More details and photos of this beautiful space to come!

For a Spokane estate planning attorney, or assistance with Washington state estate planning, probate and trust administration, call Megan Lewis Law, PLLC at (509) 557-7797 or complete our contact form.  Our office provides local service for Spokane estate planning and can provide online virtual web and phone conferencing for estate planning in Seattle, Olympia, Tri Cities, Bellingham and other areas of Washington state.

An essential element of estate planning is to discuss where you want to live in your later years, how to be cared for, who will make those arrangements, and whether you have the resources to pay for your preferred living situation. As spaces become smaller, families more spread out, and social media use ubiquitous, we hear more about feelings of isolation and disconnection in our retired and elderly communities.  I'm discouraged when I hear about these situations in my clients' own families or read them on the news.  Discussing thoughts, desires, boundaries, and limitations (physical, mental, emotional, financial, etc.) well before care is needed can prevent not only these issues, but also so many misunderstandings and disagreements between everyone.

At the same time, I'm seeing more interest and openness to alternative living and care situations.  This can include group homes, cohousing (see this article in the Spokesman Review), seniors having roommates (see this article in the Washington Post), and even just being proactive in modifying your current space to allow you to age in place (see this article in the Spokesman Review).  A careful assessment of your needs and limitations and thinking outside the box from the old, "I'm going to live in my home just the way it is until I die" can will prolong independence and increase happiness in the long run.

​For assistance with Washington state estate planning, probate and trust administration, call Megan Lewis Law, PLLC at (509) 557-7797 or complete our contact form.  Our office provides local service for Spokane estate planning and can provide online virtual web and phone conferencing for estate planning in Seattle, Olympia, Bellingham and other areas of Washington state.

As the year winds down, but the flurry of holiday preparations hasn’t quite hit home, now is a great time to review your estate planning to ensure it's current and correct. Remember one key point that your will and trust don't typically direct the distribution of assets that already have designated beneficiaries. This includes IRA accounts, 401(k), annuities, life insurance, pay on death accounts, transfer on death deeds, and property titled as "joint tenancy with right of survivorship".  

In our practice, we recently experienced a case where an individual named both children as equal beneficiaries of an IRA, but subsequently left everything under a will to only one child.  The will did not control the IRA distribution (correctly, under the law), but is that what the decedent really intended?  If a child was excluded under one document, wouldn't the decedent want it to be consistent? Or perhaps it was intentional. The beneficiary spent more money than otherwise necessary on the probate and administration to clarify the decedent's intent. We have seen this more than once.  However, if the plan had been up to date and indicated that the intent was to treat those assets differently (not that the will controlled everything), the family would have been able to approach the death as an opportunity to connect, not to continue past conflict.

So when you take your documents to your estate planning attorney to discuss any current changes in your life (divorce, disease, deaths, etc.), be sure to also have her review the beneficiary designations you've made.  Sometimes the designations are made on the fly without realizing how the whole plan will come together as a whole or your intent changes regarding how assets should be distributed.  Sometimes that is exactly what you want, but still need to make sure it's clear to those you leave behind. If you have made designations different than the distribution of assets under your will or trust, you may want to include an acknowledgement of that fact in your will or trust using a trust amendment or codicil to your will.  However, the language used can create its own problems if not done correctly, so be sure to receive professional advice on the issue.

For assistance with Washington state estate planning, probate and trust administration, call Megan Lewis Law, PLLC at (509) 557-7797 or complete our contact form.  Our office provides local service for Spokane estate planning and can provide online virtual web and phone conferencing for estate planning in Seattle, Olympia, Bellingham and other areas of Washington state.

Unmarried adult children of divorced parents are in particular need of Powers of Attorney and Wills. When a person dies without a will, one of the default laws is that the parents, second to spouses, are among those with a right to act as personal representatives (executors) of the deceased's estate.  However, both parents have an equal right to administer the estate unless the child has directed otherwise through Powers of Attorney and Will. 

A Power of Attorney will function to give authority over assets and health care choices during life and a Will gives authority over assets after death. Even when an individual doesn't have a great deal of assets to manage, there are still accounts to close, bills to pay off, vehicles to sell, and other issues. If the asset level is significant, the need is more apparent. If the parents are married, they are obviously likely to act jointly or simply decide who will be in charge.  However, if divorced, the likelihood of smooth agreement is much less and can lead to delays in administration, confusion, conflict and litigation. 

In order to avoid legal battles, unmarried adult children of divorced parents should make it a priority to have Health Care Powers of Attorney, Durable Powers of Attorney and Wills in place to direct which parent will be in charge, or to name a significant other, sibling or friend to act instead. These documents are necessary, even if your parents are married, if you don't want either of them to act in these roles.  Many adults would rather their siblings, friends, boyfriends or girlfriends act for them rather than parents.

For assistance with Spokane estate planning including Powers of Attorney and Wills, call Megan Lewis Law, PLLC at (509) 557-7797 or complete a contact request. ​Our office provides local service for Spokane estate planning and can provide online virtual web and phone conferencing for estate planning in Seattle, Olympia, Bellingham and other areas of Washington state.

We set goals in life and work to attain them. We plan for a bigger brighter future, climbing the career ladder, buying a bigger house, moving to a better neighborhood, getting kids through school and careers of their own, taking vacations, becoming more financially secure, and even retirement. We consider our path for each of these steps. We find higher paying jobs, save money, pay off mortgages, and dream of retirement goals.

However, we often fail to envision the other end. We want to ignore our shifting purpose in life, ceasing hobbies and activities, moving back into an apartment or townhouse, giving up our cars, or living in an assisted living facility and especially the final process of dying.  We value our independence. We fear burdening our friends and family or losing control and self-determination.  Of course, who wouldn't, but what does that REALLY mean to you? What do you really value about being independent? What do you really value about your home? When will it be acceptable to receive assistance? If you can't drive anymore, where would you want to live? Who will realistically help take care of you? Have you built and fostered your family relationships to the point that people will give up time, energy, money, and sometimes their own emotional health to care for you? Do you have funds to pay for in home care on a limited or full-time basis? What kind of care will you need and at what stage?

If you don't have help nearby, you may need to move to where help is available. You may be in great general health, but with aging still need help with housekeeping, yard work, and meals.  Maybe you can downsize homes much earlier than you prefer, to allow yourself to remain more independent for longer.  Also consider the longevity of your spouse and his or her needs currently and in the future once you have passed away.

All of these issues and decisions should be part of your estate and financial planning process, some addressed with your estate planning lawyer, some by your financial planner, and others just between family members.  Complete "estate" planning should help guide you in these issues sometimes thought of as senior planning, retirement planning, elder planning, or other buzzwords. The appropriate helpers need to have their rights and duties lined out. Your wishes need to be in writing in a way that will make it easiest and most likely they will be carried out.  Your instructions would be included in various documents including financial powers of attorney, health care powers of attorney, health care directives, funeral/burial directives, wills, trusts, caretaking agreement with family members, and others.

For assistance with Washington state estate planning, call Megan Lewis Law, PLLC at (509) 557-7797 or complete our contact form.  Our office provides local service for Spokane estate planning and can provide online virtual web and phone conferencing for estate planning in Seattle, Olympia, Bellingham and other areas of Washington state.

Don't assume that since you've been together "forever", you're magically considered "married".  Whether you use the term significant other, life partner, long-term boyfriend/girlfriend, or fiance, if you are not legally married you generally have no rights when it comes to making decisions for your partner regarding health care, finances, or estate management.  You also don't have the right to inherit any assets from your partner, no matter how long you have been together, since Washington has no common law marriage.  Property owned by a person with no will or trust would be inherited by that person's children, parents, or siblings, depending on the situation. There are legal concepts that may support a claim that the surviving significant other owns part of the assets, was in a "meretricious relationship" and assets were "quasi-community property" and as such should go to the surviving partner in some fashion, but these claims often require court involvement, disputes with other family members, and a great deal of time and money to resolve.

The solution is estate planning.  Single (unmarried) people should work with an attorney to draft appropriate plans using durable powers of attorney, financial powers of attorney, health care directives, burial directives, wills, transfer on death deeds, and other tools to put their goals into action. The default laws of Washington may not give unmarried partners easily accessible rights, but individuals can proactively make their own choices with proper estate planning.

For assistance with Washington state estate planning, probate and trust administration, call Megan Lewis Law, PLLC at (509) 557-7797 or complete our contact form.  Our office provides local service for Spokane estate planning and can provide online virtual web and phone conferencing for estate planning in Seattle, Olympia, Bellingham and other areas of Washington state.

If you already have estate planning documents in place (great job, for being on top of your game at some point), the general recommendation is to review them at least every 5 years.  Even if you don't meet me to review them for you (because, yes, there is a charge), you should pull them out for yourself, sit down with a beverage of your choice and check for the following:

• all people named in your documents to assist you when you become elderly or disabled are still living and mentally competent,
• your assets have not significantly increased or decreased,
• your children haven't grown from being minors to adults with different needs and abilities,
• you haven't become a grandparent with a desire to provide for your grandchildren,
• you haven't gotten divorced, remarried or widowed,
• your general wishes are still the same regarding who gets how much of your assets (and again, everyone is still living),
• your wishes for your end of life care haven't changed or become more clear with a specific risk or diagnosis,
• your risk of dementia, Alzheimer's, or other incapacitating diseases, is low or you have your assets in a trust with appropriate transfers of administrative power from yourself to the next trustee, or
• major estate tax, power of attorney, trust or probate laws haven't changed (Hint: these do change regularly).

Chances are, you have been lax in this kind of housekeeping (10 years? 15 years? 20 years? Haven't started?), and it's time to get after it, or put a date on the calendar to do it in the next month or two as spring fever sets in.  If everything looks current and in line with your goals, then you could put your plans away for another few years. If circumstances have changed, you should come in for an official review and update.  You may be unaware of changes in law (just a few include a new federal estate tax exemption level, power of attorney statute (WA), transfer on death deed statute (WA), and directed trust statute (WA)), the general approach to planning may have changed over time, new tools may be available, and you may have something more or less complex than necessary to most efficiently achieve a conflict-free transfer (probate or trust administration) of your assets to your loved ones after your death. 

Inaccurate planning can be worse than no planning.

If you need assistance with updates, or new planning altogether, call Megan Lewis Law, PLLC at (509) 557-7797 for estate planning and probate in Spokane or virtually by email, phone and Skype in Seattle, Olympia, Bellingham, and across Washington state.