Creating a proper estate plan will help ensure your wishes about end of life care and your funeral, as well as, how your property and assets are distributed after death. The best way to ensure your estate plan will be executed smoothly is to hire an estate planning attorney.

Asking your lawyer a few questions will help you pick the best estate planning attorney for you and will help understand your options and determine the best path forward for you.

How Long Have You Been A Practicing Attorney In Washington State?

When creating your estate plan, you want an attorney that has experience creating other estate plans. But you also want someone who is familiar with technology and digital assets, as a lot of millennial clients want to name a digital executor to their online files and digital life [1]. At Priest Family Law, our attorney partner has been practicing for 12 years and has experience working with estate plans in Washington, as well as vast trial experience.

How Long Does The Estate Planning Process Take?

This answer will vary based on how complicated your wishes and estate are. You may also wish to advise other professionals in your estate plan, such as your accountant. However, if you are sick, or perhaps you’re helping an aging parent create an estate plan, you’ll want to know if this will take months or weeks with each attorney you speak to.

How Do You Charge For Estate Plans?

Some estate planning attorneys charge by the hour and others may charge a flat fee for estate planning. Wills also tend to cost less than creating a living trust [2].

What If I Want To Leave Someone Out Of My Will In Washington State?

Many states have laws to protect people from disinheriting a spouse and children [3]. If you want to disinherit a child it’s important to explicitly say so in the will and can also be helpful to write a letter of intention why they are being disinherited. This can help prevent your wishes from being challenged in court.

How Do I Avoid High Estate Taxes In Washington State?

While federal estate tax is now only applied to estates valued at more than $11.58 million, Washington State also implements an estate tax [4]. Washington State imposes this tax on estates valued at more than $2.193 million [5]. You may think you’re below the $2 million mark, but it’s important to keep in mind that any homes, property, cars, bank accounts, retirement accounts, and life insurance are all added up to create an estate’s value [5]. Your executor is also required to file a tax return for your estate within nine months of your death. Your attorney can help you better understand this.

Why Should I Choose Priest Family Law?

At Priest Family Law, we understand that creating an estate plan can be challenging emotionally to think about your death or if family ties are complicated. We have vast experience helping clients navigate this process and creating strong estate plans. We’ll help you execute your wishes and give you peace of mind.

[1] Keane, Valerie. “Estate Planning For Millennials.” Nolo. https://www.nolo.com/legal-encyclopedia/estate-planning-for-millennials.html

[2] Simmons Hannibal, Betsy. “What Is Estate Planning?” Nolo. https://www.nolo.com/legal-encyclopedia/what-is-estate-planning.html

[3] Simmons Hannibal, Betsy. “Leaving Someone Out Of Your Will.” Lawyers.com. https://www.lawyers.com/legal-info/trusts-estates/wills-probate/leaving-someone-out-of-your-will.html

[4] “State Estate Taxes.” Nolo. https://www.nolo.com/legal-encyclopedia/state-estate-taxes.html

[5] Randolph, Mary. “Washington Estate Tax.” Nolo. https://www.nolo.com/legal-encyclopedia/washington-estate-tax.html

Losing a parent comes with a mix of emotions ranging from sadness, nostalgia and perhaps confusion about what the next steps should be in settling their estate. If both of your parents have now died, their child is likely their next of kin and therefore inherits their estate.

First, request multiple copies of your parent’s death certificate from the funeral home, this will help you settle their estate. What you need to do next depends on if your parents have a will. Your first step is to find the will. Ideally, your parents discussed their estate planning with you before passing away. If that’s not the case, start by attempting to contact your parent’s attorney or estate lawyer. If that proves fruitless, search your parents’ office, home safe, a safety deposit box. 

If you’re still struggling to find the will, go to probate court to search real estate transfer-on-death certificates and see if they designated there who should inherit their property. [1]

What To Do If Your Parents Have A Will In Washington State

If your parents created a will this makes your job as executor easier. As their will clearly expresses your parents’ wishes of what should be done with their property and assets, now you need to execute those wishes. [2] While you can do a lot of the work yourself, you’ll likely still need the help of an estate lawyer to streamline the process. [3]

Now that you’ve found the will, your first role as executor will be to determine if the settling of the estate needs to go through probate, which is the official court process of settling an estate. [4] Usually, “small” estates or estates that have clear transfers of property through trusts, beneficiary designations will not have to go through probate. 

As executor, you’ll need to settle your parents’ estate obligations and pay any debts and bills. Next, your role is to distribute your parents’ property, which can be done when probate is over. [5] However, if there is not enough money to pay the debts, the executor must sell the property to

settle those debts. Once the bills are paid, the property and assets are distributed and probate is over, the executor has completed his or her job. 

What To Do If Your Parents Do Not Have A Will In Washington State

Each state has a set of laws that determines who inherits property if the deceased person did not have a plan in place prior to dying. [6] Without a living spouse, biological children and legally adopted children are the likely beneficiaries. It’s important to note that stepchildren are not seen as children under the eyes of the law unless they too have been legally adopted. [7]

Without a will, the court will use intestate succession to distribute property. [8] In both Texas and Washington State law, when the deceased person’s spouse is also deceased, the children inherit everything.[9] [10] 

Settling Your Parents’ Estate In Washington State

Keep in mind that settling an estate can take a couple of months to even a couple of years depending on its complexity. Enlisting the help of an estate lawyer, who can help shepherd you through the process can help speed it up and ensure it’s completed correctly.

If you or a loved one recently lost your parents and need some guidance navigating settling an estate, probate or will in Washington State, call our wills and estate attorney Roger Priest. He can help guide you through your unique legal situation.

Sources:

  1. Nolo. “Transfer-on-death deeds for Real Estate.” https://www.nolo.com/legal-encyclopedia/transfer-death-deeds-real-estate
  2.  Simmons Hannibal, Betsy. Lawyers.com. “Will & Probate FAQ” https://www.lawyers.com/legal-info/trusts-estates/wills-probate/wills-and-probate-faq.html
  3.  Simmons Hannibal, Betsy. Lawyers.com. “Duties of an Executor.” https://www.lawyers.com/legal-info/trusts-estates/wills-probate/the-duties-of-an-executor.html
  4.  Simmons Hannibal, Betsy. Lawyers.com. “Duties of an Executor.” https://www.lawyers.com/legal-info/trusts-estates/wills-probate/the-duties-of-an-executor.html
  5.  Simmons Hannibal, Betsy. Lawyers.com. “Duties of an Executor.” https://www.lawyers.com/legal-info/trusts-estates/wills-probate/the-duties-of-an-executor.html
  6.  Simmons Hannibal, Betsy. Lawyers.com. “What Happens If You Don’t Have A Will?” https://www.lawyers.com/legal-info/trusts-estates/wills-probate/what-happens-when-you-dont-have-a-will.html
  7.  Simmons, Hannibal, Betsy. Lawyers.com. “Beneficiaries in a Will.” https://www.lawyers.com/legal-info/trusts-estates/wills-probate/beneficiaries-in-a-will.html
  8.  Nolo. “Intestate Succession” https://www.nolo.com/legal-encyclopedia/intestate-succession
  9.  Nolo. “Intestate Succession in Texas.” https://www.nolo.com/legal-encyclopedia/intestate-succession-texas.html
  10.  Nolo. “Intestate Succession in Washington.”https://www.nolo.com/legal-encyclopedia/intestate-succession-washington.html