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Does Your Durable Power Of Attorney Cover What You Think It Covers?

BeresfordBooth | 12/14/2020
By Washington State Estate Planning and Probate Lawyer Per E. Oscarsson   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… Read More

Durable Powers Of Attorney – Witness Attestation

Per E. Oscarsson | 11/30/2020
By Washington State Estate Planning and Probate Lawyer Per E. Oscarsson 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… Read More

Durable Powers Of Attorney – To Be Witnessed Or Notarized?

Washington State Washington State Estate Planning and Probate Lawyer Per E. Oscarsson | 10/26/2020
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

Washington’s Death With Dignity Act – Part 2

Washington State Estate Planning & Probate Lawyer Matthew J. Cruz | 8/26/2020
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

Washington’s Death With Dignity Act – Part 1

Washington State Estate Planning & Probate Lawyer Matthew J. Cruz | 8/12/2020
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

Will The Washington Estate Tax Applicable Exclusion Amount Ever Change?

Washington State Estate Planning and Probate Lawyer Per E. Oscarsson | 5/18/2020
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

Webinar May 7th, 2020

BeresfordBooth | 5/7/2020
Matthew J. Cruz presents on Estate Planning & COVID-19. .pdf download of Matt Cruz's presentation David C. Tingstad speaks about the latest on PPP loan forgiveness. Read More

Undue Influence In Making A Will In Washington State

Washington State Estate and Probate Law Lawyer Andrew M. McKenzie | 6/3/2019
Disgruntled would-be heirs frequently attack wills on the grounds of undue influence, particularly when wills contain provisions unfavorable to them.  The dispossessed heir might assume that the will must have been the product of undue influence because the unfavorable provision could not have been what the testator intended.  For example: “Surely, Dad would not have… Read More

Committed Intimate Relationships And Estate Planning In Washington State

Washington State Estate Planning & Probate Lawyer Casey E. Clifton | 4/30/2019
What is a Committed Intimate Relationship? In Washington State, common-law marriage—legal recognition of marriage without having formally registered their relationship—is not lawful.  However, Washington courts have adopted a definition for a long-term, unmarried relationship known as a committed intimidate relationship (“CIR”). The existence of a CIR creates a presumption that all property acquired during the… Read More

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