Recent News

Damages in a Non-judicial Foreclosure of a Deed of Trust in Washington State

The Lawyers at Beresford Booth | 9/2/2013
In Washington state, non-judicial foreclosures of deeds of trust are governed by statute, RCW Chapter 61.24.  The non-judicial foreclosure process involves a public trustee’s sale after giving notice to various interested parties.  The effect of the trustee’s sale is to deprive the grantor of the deed of trust and anyone claiming under them of all… Read More

Recent Changes to Washington State’s Estate Tax Law in 2014

The Lawyers at Beresford Booth | 7/10/2013
The State of Washington recently enacted law to change its estate tax.  Two of the changes are of particular interest. The first change concerns the "applicable exclusion amount", which is the amount that passes free of estate tax.  For the past several years, Washington's applicable exclusion amount has been $2,000,000.  Only the amount in excess… Read More

You May Avoid Estate Tax In Washington State By Gifting Through A Family Limited Partnership, Family LLC

Washington State Estate Planning & Probate Lawyer William O. Kessler | 5/28/2013
One method of avoiding estate tax is through a Family Limited Partnership.  In fact, “Family Limited Partnership” is often a misnomer, because the entity formed is usually a Family LLC instead. Regardless, the purpose and function are the same.  The Family LLC allows Mom and Dad to (a) form an LLC owned only by the… Read More

Top tips for Personal Representatives in Washington State

the Lawyers at Beresford Booth | 5/14/2013
Being appointed the Personal Representative of an Estate can seem like a daunting responsibility, especially given all the statutory or legal requirements. For clarification, a personal representative is also called an executor when they are named in a will or an administrator when they are appointed by a court.  A female executor is also referred… Read More

Legal Planning For Incapacity In Washington State

the Lawyers at Beresford Booth | 1/29/2013
Have you considered what you would do if you were not able to handle your own affairs due to injury, illness, or mental condition?  There are several legal options available to you including  Durable Powers of Attorney, Health Care Powers of Attorney, what is sometimes called a Living Will or Directive to Physicians in addition… Read More

Financial Power of Attorney May Not Grant as Broad Powers as You Might Think

The Lawyers at Beresford Booth | 5/2/2012
A power of attorney authorizes a person (the attorney-in-fact) to act on behalf of another person (the principal).  Sometimes the power of attorney authorizes the attorney-in-fact to make decisions on behalf of the principal relating to the principal’s health care as well as to the principal’s non-health care, or financial, matters.  Sometimes the power may… Read More

Do You Have a Claim in a Probate?

BeresfordBooth | 11/14/2011
             The answer to that question may not be as simple as you might think.  Usually, you know if someone owes you money or some other obligation such as a personal guaranty of a third party’s debt.  But, what if the obligation is not yet due and payable when that person dies?  You might think… Read More

Avoiding Death Taxes – It’s Not Just For The “Rich”

Washington State Estate Planning Lawyer William O. Kessler | 8/11/2011
Most people do not like the idea of the government taking their money after they die.  But many people are unaware that: (a) if they died today, their heirs would be forced to pay state and federal estate taxes (“death taxes”), even if the deceased person is far from the typical definition of “wealthy;” and… Read More

Is Your Will Up-to-Date?

BeresfordBooth | 6/17/2011
          Many people have their Will prepared, sign it, and put it in their safe deposit box, thankful that they got it checked off their “to do” list.  But, that may be the last time the Will is seen until the person dies and it comes time for probate.  In the meantime, there may have… Read More