Recent News

April 29th, 2021 Matthew J. Cruz, Per E. Oscarsson, and Sarah C. Smith discuss avoiding guardianship: the use of powers of attorney in estate planning. Read More

March 25th, 2021 Matthew J. Cruz, Per E. Oscarsson, and Sarah C. Smith discuss when the probate process is required and when it is not required. Read More

January 28th, 2021 Matt J. Cruz, Per E. Oscarsson, & Sarah C. Smith discuss estate administration. Read More

The answer to that question is maybe, maybe not.  Most durable powers of attorney are written to be very broad in their coverage.  For example, they may include language such as, “my attorney-in-fact shall have all powers that I would have if alive and competent to act” or “the attorney-in-fact shall have all the powers… Read More

In my previous post, I discussed acknowledgment of a durable power of attorney by a notary public versus attestation before two or more competent witnesses.  In this post, I discuss the contents of an attestation by witnesses.  Under the Uniform Power of Attorney Act adopted by the state of Washington in 2016, RCW 11.125 (the… Read More

In the past, documents granting a power of attorney were often signed by the Principal, the person granting the power, and acknowledged by the Principal in front of a notary public.  The Uniform Power of Attorney Act adopted by the state of Washington in 2016, RCW 11.125 (the “Act”), provides more flexibility.  It allows for… Read More

Physician’s Duties Several weeks ago, I published an article (which may be found here) to introduce Washington’s Death with Dignity Act (RCW 70.245, or the “Act”) and to outline the qualifications necessary to receive physician-assisted death. In addition to these qualifications, the Act imposes extensive duties on physicians to ensure the wishes of the patient… Read More

What is the Act? Public support for physician-assisted death (also known as medical aid-in-dying or death with dignity) has ebbed and flowed over the years.  In Washington, however, support for such legislation culminated in the passage of the Washington Death with Dignity Act, Initiative 1000 (RCW 70.245, or the “Act”) in November of 2008, effective… Read More

The “applicable exclusion amount” is the amount of a deceased person’s estate that passes free of Washington estate tax.  This differs from the unlimited marital deduction that applies when one spouse dies and transfers his or her interest in property to their surviving spouse.  In 2013, the state of Washington amended the statute concerning the… Read More