Recent News

Self-Directed Disposition Of Human Remains In Washington State

the Lawyers at Beresford Booth | 2/21/2019
Statute Pursuant to RCW 68.50.160, a person has the right to direct how his or her remains are disposed after death.  “Directing” such disposition is best accomplished in writing which includes a description of the method of disposition (i.e. burial, cremation, donation for purposes of research etc.).  The written instructions should be signed and dated… Read More

Federal and Washington Estate Taxes for 2019

The Lawyers at Beresford Booth | 2/19/2019
The “applicable exclusion amount” is the amount of a deceased person’s estate that passes free of estate tax. This differs from the unlimited marital deduction that applies when one spouse dies and transfers all of his or her interest in property to the surviving spouse. There is an applicable exclusion amount for federal estate tax… Read More

Fiduciary Duties Of Escrow Holders In Washington State

Washington State Estate Planning & Probate Lawyer William O. Kessler | 11/5/2018
An escrow holder owes fiduciary duties to all parties to the escrow, and owes the same duty of fidelity that an agent or trustee owes to its principles.  Parties to escrows frequently misunderstand these duties.  It is not an escrow holder’s job to sort out ambiguities of a contract between the parties; rather, the escrow… Read More

Estate Planning After Divorce In Washington State

The Lawyers at Beresford Booth | 10/22/2018
In the midst of divorce proceedings, the effect of those proceedings on existing estate planning documents and whether the estate planning documents should be replaced are probably not high on a person’s list of things to consider.  Under Washington law, a Will signed during marriage that gives property or powers to a spouse is revoked… Read More

The Myth Of Gift Tax In Washington State

Washington State Estate Planning & Probate Lawyer William O. Kessler | 8/15/2018
“I want to gift some money to my kids, and avoid estate tax, but I know you can only give $15,000 in a year.” Clients say this regularly. But the gifting cap is a myth! In the vast majority of cases, the term “gift tax” is a misnomer. Only the very wealthiest are at risk… Read More

Amicable Divorce? You Still Need to Update Your Estate Plan!

the Lawyers at Beresford Booth | 2/20/2018
Getting a divorce is never easy --- but it certainly is less stressful when it is done amicably. In fact, many couples decide that they don’t need the advice of counsel because they are able to agree on the division of assets and liabilities --- and thus they proceed with filing pro se. Further, many… Read More

Gifting Or Transferring Interest In A Family LLC Or Family LP In Washington State – New Proposed IRS Rules

Washington State Estate Planning & Probate Lawyer William O. Kessler | 10/24/2016
If and when they are adopted, new proposed IRS regulations would reduce the ability to use valuation discounts when valuing transfers of interest between family members in some family LLCs or family limited partnerships. The proposed regulations also expand the instances in which the lapse of certain voting and liquidation rights attached to an interest… Read More

Creating Positive Outcomes For Our Clients

Washington State Business and Real Estate Law Lawyer William O. Kessler | 10/21/2016
The lawyers of Beresford Booth harness our expertise to maximize the benefit for our clients in any given situation. This can mean transforming a seemingly dire situation to a positive outcome. We enjoy creating efficient and successful outcomes. Recently, we had a client whose financial position was bleak. His wife had died, leaving property in… Read More

Do It Right Or Don’t Do It At All! Validly Executed Will In Washington State

Washington State Estate Planning & Probate Lawyer Richard R. Beresford | 9/22/2016
Stated differently, “a job worth doing is a job worth doing right”. The Washington Statute, RCW 11.12.020, requires that a will to be validly executed, must, among other requirements, be attested by two or more competent witnesses  while in the presence of the testator (person signing their will). In light of these statutory requirements, our… Read More