What is Community Property? Washington is a Community property state. Upon dissolution, the Court must distribute all the property owned by the parties between them (both community and separate). The Court first determines whether the property is characterized as community property or separate property. Separate property is that which one spouse owned before the marriage […]
After death, debts need to be paid and assets need to be distributed to heirs. That may not be possible without proper legal authority. It may require a Probate, Community Property Clearance or Affidavit of Successor of a Small Estate. The articles written below are offered to give you general background information that may be helpful to you. If you need further assistance in drafting estate planning documents or clearing an estate, please contact us by phone or email.
Death and Eternity
Death and Eternity A client recently came into the office to have a Will, Durable Power of Attorney and Health Care Directive prepared. He just found out he had cancer, and was given only about a month to live. To say the least, he was in a state of shock. As a lawyer, we are […]
Die Without Will?
Probate: Die Without Will – What Happens? If you don’t make a will or use some other legal method to transfer your property when you die (die without will), Washington State law will determine what happens to your property. This process is called “intestate succession.” Your property will be distributed to your spouse and children […]
Disposition of Property Outside Probate
Probate: Property Outside Probate A. Overview. Many arrangements exist for the transfer of money or property outside of the probate system. (Such property is said to be “non-probate” property, and is not part of the “probate estate.”) These arrangements should be made for convenience and to avoid probate court – not for state or federal […]
Probate in Washington
Probate: Probate in Washington Probate is the legal process required to transfer ownership of property after a person dies. Usually it is only necessary to probate an estate if there are assets subject to probate. In the State of Washington, the probate proceeding is relatively simple. It requires the preparation and filing of legal documents […]
Probate Taxes
Probate: Death Taxes Upon transferring property, either through Gifts, Wills, Trusts or via probate, you or your survivors may have to pay some taxes. The Federal Government and the State of Washington have taxes on inheritance you may have to pay. Federal Estate Taxes The federal government assesses a tax based upon the net value […]
Small Estate
Washington Probate: Small Estate The State of Washington has an cost effective and efficient method to clear an estate after someone’s death, if their estate is considered a “small estate”. This procedure allows you to pay debts and transfer assets without the necessity of going through a full probate, which can take more time and […]
Why Probate if I have a Will?
Probate: Why Probate if I have a Will? Clients frequently ask: “Why Probate in Washington if I have a Will? Doesn’t a Will avoid the process of Probate?” We hear this question frequently. A will directs who receives your estate after your death, and appoints the person who will act as your Executor to handle […]