Estate planning is the process of preparing for the distribution of your assets after your death. It involves creating legal documents such as wills, trusts, powers of attorney, and health care directives to ensure your wishes are carried out and your loved ones are cared for. Estate planning with Pacific Evergreen Law Group can help minimize taxes, avoid probate, and provide for your family in a way that reflects your values and desires.

Generally, yes! Estate planning is not just about determining where your assets go in the event of your death. In our estate plans, we also establish end-of-life care plans, institute powers of attorney, and handle other necessary documentation unique to your situation. To determine whether now is the right time for you to get an estate plan, schedule a free 30 minute consultation with us.

Whether you need a will, a trust, or both depends on your specific circumstances, such as the complexity of your estate and your goals for distribution. We can discuss your specific situation during your consultation. Generally, a will is a legal document that outlines how your assets should be distributed after your death. It must go through probate, which is a legal process that can be time-consuming and costly. A trust, on the other hand, allows your assets to pass directly to your beneficiaries without going through probate. 

We offer a variety of estate planning packages and we will tailor our recommendations to fit your needs during your 30-minute consultation. All estate plans will include some combination of these components:

• Will: A Will allows you to designate how you want your assets, which are listed in the will, to be distributed after your death. A Will also allows you to designate guardians for children, dependents, or pets, and state your preference for funerals.

• Trust: A Trust is a legal arrangement that grants you greater control, privacy, and efficiency in how your assets are managed and distributed, both during your lifetime and after you pass away. A Trust helps to avoid probate, keep your assets private, and minimize estate taxes when compared to a basic Will.

• Durable Power of Attorney: A Durable Power of Attorney allows you to designate an agent to make financial, business, and legal decisions on your behalf if you were to be incapacitated.

• Medical Power of Attorney: A Medical Power of Attorney allows you to designate an agent to make medical decisions on your behalf, including but not limited to hiring health care professionals, doctors, and deciding living arrangements. Note that the Medical Power of Attorney is separate from the Durable Power of Attorney.

• HIPAA Release: A HIPAA Release allows you to designate an individual or individuals who are able to access your medical records. Having the ability to access your medical records is important so your personal representative or healthcare proxy can make informed decisions.

• Medical Directive: A Medical Directive, also known as a living will or advanced directive, is a legal document which allows you to define which life-sustaining measures you would like taken in the event of a tragedy. This is especially important if such tragedy causes you to be unable to communicate your preferences.

Everyone over the age of 18 should consider having an estate plan, but the benefits of having an estate plan increase dramatically as soon as you have assets like stocks, a 401k, or real property. Once you've created your initial estate plan, you should review and potentially update your estate plan every 4-7 years or after major life changes, such as:

• Marriage or divorce

• The birth of a child or grandchild

• Changes in your financial situation

• Relocation to a different state

• The death of a beneficiary or executor

This depends primarily on the value of your assets. In most cases, you will not need individual living trusts, but they may be beneficial in certain situations. We offer discounted rates for couples who create a joint revocable living trust.

Yes. One of the most important aspects of estate planning for parents is naming a guardian for minor children in your will. This ensures that, in the event of your death, your children or pets will be cared for by someone you trust, rather than leaving the decision to the courts.

While it is possible to draft a will without an attorney, it is highly recommended that you work with an experienced estate planning lawyer, like those at Pacific Evergreen Law Group. Our attorneys can ensure that your documents are legally valid, customized to your needs, and compliant with Washington State laws. They can also offer guidance on complex issues like taxes, trusts, and asset protection.

Probate is the legal process through which your estate is administered. It involves validating your will, paying debts, and distributing assets. Probate can be time-consuming and costly. To avoid probate, our attorneys can help you create a living trust, designating beneficiaries for assets like life insurance or retirement accounts, and ensuring physical assets are properly titled.

A living trust is a legal document that allows you to transfer your assets into a trust, which is then managed by a person you choose (the "trustee"). This trust can help you avoid probate, keep your financial matters private, and make it easier for your loved ones to handle your estate in the event of your death. Our attorneys can help you determine whether you need a living trust, based on factors like the size of your estate and your goals for distributing your assets.

A living trust is a legal document that allows you to transfer your assets into a trust, which is then managed by a person you choose (the "trustee"). This trust can help you avoid probate, keep your financial matters private, and make it easier for your loved ones to handle your estate in the event of your death. Our attorneys can help you determine whether you need a living trust, based on factors like the size of your estate and your goals for distributing your assets.

If you pass without a valid will ("intestate"), Washington's intestacy statute decides who inherits your property. Generally, a surviving spouse receives all community property and a portion of separate property, with the remainder going to children, parents, or other relatives depending on your family situation. Unmarried partners have no automatic inheritance rights under Washington intestacy law, no matter how long the relationship lasted. If you have minor children, the court will decide who becomes their guardian if no nomination exists. Establishing a trust can ensure that your wishes are honored even after you pass.

For some estates, yes. Washington offers a few non-trust tools that can keep smaller or simpler estates out of probate:

• Transfer on Death Deed (TODD): Allows you to name a beneficiary for real property that transfers automatically at death, without probate, while you retain full control of the property during your lifetime.

• Payable on Death (POD) and Transfer on Death (TOD) designations: For bank and investment accounts, naming a beneficiary directly on the account avoids probate for that asset.

• Small Estate Affidavit: If the total probate estate is valued under a statutory threshold and at least 40 days have passed since death, heirs may be able to collect personal property using a sworn affidavit instead of opening a probate case.

None of these replace a full estate plan, but they're worth discussing if your goal is specifically to minimize probate exposure on certain assets.

It can. If you own real estate outside of Washington in your individual name, your estate may need a separate probate proceeding in that state (called "ancillary probate") in addition to any Washington proceeding. A properly funded trust can often avoid this by holding out-of-state property so it passes without a second probate case. If you own property outside Washington, let us know during your consultation so we can plan around it specifically.

Blended families often need more customized planning than a simple "I leave everything to my spouse" will provides, particularly when there are children from a prior relationship. Common tools we use include marital trusts that provide for a surviving spouse during their lifetime while ultimately preserving assets for children from a first marriage, clear beneficiary designations coordinated with the overall plan, and, where appropriate, a prenuptial or postnuptial agreement addressing separate versus community property. We'll talk through your family structure in detail to ensure that any situation is addressed.

Yes, a business interest usually needs its own succession planning layered into your overall estate plan. This can include a buy-sell agreement, a plan for who manages or inherits the business, and coordination with any business partners or co-owners. Without this, a business can end up frozen or forced into liquidation while an estate works through probate. If you are a small business owner, let us know during your consultation so we can plan around it specifically.

Yes. A Special Needs Trust (also called a Supplemental Needs Trust) allows you to leave assets for the benefit of a loved one with a disability without disqualifying them from means-tested government benefits like Medicaid or Supplemental Security Income. This requires careful drafting, since an improperly structured inheritance can unintentionally cut off benefits a family member depends on.

Often, yes. If you've been named as an agent under a power of attorney, an executor, or a trustee for a Washington resident, we can work with you remotely to explain your responsibilities and represent the estate through probate or trust administration, even if you're not physically in Washington. Washington's process does not require the personal representative to reside in-state in most circumstances, though there are some requirements worth discussing with us directly. Schedule a free consultation with us to discuss your specific situation.

Pacific Evergreen Law Group is proud to offer flat-rate estate planning packages at a variety of price points. The packages we recommend will depend on your assets, and what you will need for your estate plan. We will review pricing and package options with you during your 30-minute consultation. Our comprehensive estate plans are designed to save your family time, money, and heartache in the long run.

The first step in estate planning is getting to know you, your life, and what you want for your loved ones. During the consultation, we will discuss your goals and any specific next-steps. We will also discuss what services we can offer to protect your family and your assets. Finally, we will provide our complete pricing information, with some recommendations for your situation.