Frequently Asked Questions

Yes. A will ensures that an executor you nominate can distribute you assets according to your wishes. A will can also be used to name guardians in case something bad happens to you before your children reach the age of majority. A will can also be used to work in conjunction with a revocable trust to ensure that your property automatically becomes property of the trust upon your passing.

Of course. It is very common for a person to update their will a few or even several times during their lifetime as "big events" take place in a person's life. Marriage. Children. Property acquisition. Loss of loved ones. All of these life events can prompt a person to update their will to be sure that their wishes and instructions remain relevant as years go by.

Depending on the type of trust, there are a few primary advantages. In the case of a revocable living trust, the primary advantage is to allow your family and/or heirs to realize ownership and control of your property immediately following your passing, as opposed to opening a possibly lengthy and expensive probate proceeding. In the case of an irrevocable trust, the primary advantage is to both protect assets from potential creditors (if, perhaps, you are facing the potential for a sizable lawsuit), and to reduce the size of your estate and  minimize or avoid estate taxes imposed by either or both of the Federal Government and the State of Washington upon your passing.

If in a revocable trust, yes. As long as the individual executing a revocable trust is still living, he or she has complete control over the trust assets and may transfer any assets into and out of the trust as he or she wishes. In the case of an irrevocable trust, however, no such dominion over trust assets exists. Once the testator or settlor of an irrevocable trust transfers property to the trustee, he or she no longer has control of the trust assets and the trustee is the ultimate owner.

Probate is the process through which a personal representative or administrator undertakes the management and disposition of the property of a deceased individual. Probate may be required in the state of Washington where there are real property interests that must be handled, and in cases where no real property is at stake, but someone's unspoken-for estate assets total more than $100,000.00. If you have the original will of a deceased individual and are named as the executor, you must petition the court for appointment and are granted Letters Testamentary that enable you to handle disposition of the decedent's property. In the case where no will can be found, or if the will is in any way invalid, an administrator can still petition the court to be the decedent's personal representative, but appointment by the court to be the personal representative takes the form of Letters of Administration, instead.

Yes. There are several ways one can avoid probate, but careful planning will be needed to do so. Instruments like trusts, transfer on death deeds, pay-on-death provisions, and community property agreements (for married couples) can be used to set up your estate assets so that transferring property to your heirs/beneficiaries may be accomplished without the need for an administrator to handle property disposition through the probate process.