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 are completely and legally fulfilled.

Duties

Physicians hold extensive statutory duties when executing the process of administering medical aid-in-dying.  The Act requires the affirmative consent of two physicians; one attending physician’s consent and one consulting physician’s consent.  Pursuant to...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 on March 5^th, 2009.  The Act permits terminally ill adults to request and digest lethal medication, subsequently ending their life.

Qualified Persons

Qualified persons permitted to request lethal medication, as defined in the Act, are limited to competent adults afflicted with...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 applicable exclusion amount to provide for an annual adjustment based on changes in the consumer price index.  As the result of application of the annual adjustment, the amount of a Washington estate that passes free of Washington estate tax to someone...Read More

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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 only left me his $5,000 car and given the house to my sister!  This had to be her undue influence over him!”

However, the mere fact that a would-be heir received less than what they thought they would get will...Read More

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 relationship is owned by both parties.

A court must examine several factors to determine whether a relationship qualifies as a CIR:

• How long has the couple been together/lived together?
• Was the cohabitation continuous?
• Did the parties present themselves as a...Read More

“I am involved in an estate dispute as an heir/beneficiary of the disputed estate… what do I do?”

Throughout my years counseling individuals through the resolution of their estate disputes, this question has occurred frequently.  As an heir or beneficiary in a disputed estate, it is always recommended to hire an attorney, even if only for an initial analysis of your position in the dispute.  This step is not required but given the complex nature of the procedures associated with estate litigation and administration, I urge you to consider obtaining the counsel of an experienced estate...Read More

For various reasons, testators frequently distribute portions of their estate to their kids, heirs, and loved ones before they die.  Reasons can vary from reducing or avoiding taxes to simply recognizing an heir’s greater need for financial help in the moment.  Questions often arise later concerning how the distribution should be characterized, such as: Were the distributions gifts, loans, or advances to be deducted later from an inheritance?  Naturally, the recipient of the distribution would usually prefer for the distribution to be characterized as a gift, whereas the other heirs of the testator would prefer that...Read More

Washington law allows a person to dispose of certain kinds of tangible personal property at their death in a writing separate from their last will and testament.  For purposes of the law, “tangible personal property” is defined as “articles of personal or household use or ornament,” such as furniture, furnishings, cars, boats, jewelry, art, and precious metals.  It can also include articles held for investment purposes.  It does not include property used primarily in trade or business; mobile homes; real estate; or intangible property such as money that is normal currency, bank accounts or other monetary deposits, securities, or...Read More

A person’s Will does not usually deal with “non-probate assets.”  Non-probate assets are the rights and interests of a person in an asset that pass on the person’s death under a written instrument or arrangement other than the person’s Will.  Examples include property owned as joint tenants with right of survivorship, payable-on-death bank accounts, and transfer-on-death securities or security accounts.  There are numerous other examples.  For a payable on death bank account, the person to receive the funds in the account upon the owner’s death is identified in the forms creating or modifying the account.  As...Read More