Wills/Trusts & Probates

Services

Death is the only thing that is certain in life. While you can’t always control the when and how, you can control what happens to you in your final days and how your estate provides for your loved ones after you die. Attorney Wenatchee can help you create your will and/or trust to set your estate plan into motion. As your life situation changes — marriage, divorce, family births and deaths, asset accumulation and losses — Attorney Wenatchee can ensure your will and/or trust and overall estate plan changes to always reflect your intentions. We are committed to providing personalized and compassionate guidance every step of the way. Keep scrolling to learn more about our services, including drafting wills and trusts, creating powers of attorney, establishing advanced healthcare directives, and handling probate proceedings in WA.

Wills

A will is a written declaration about how your assets will be divided after you die. If you die without having a will in place, all of your assets will be divided in a court of law:

• Bank accounts

• Investments

• Property (houses, cars, personal effects, collectibles, etc.)

• Businesses ownership

• Debts

If you have a spouse or children who are dependent on your assets, you must have a will in place. Otherwise, your intended heirs may be forced into court for several months and be required to pay thousands of dollars in legal fees.

Trusts

A Trust places all of your assets into an account where a person you appoint (the trustee) manages the distribution of your assets to your intended beneficiaries. Revocable trusts are intended to help heirs avoid probate (see below) where unnecessary family fighting and litigation costs can be incurred. Trusts are especially valuable when children are beneficiaries — you can control when and how they will inherit money or property. You can also set other assets aside to care for them until they are adults. Trusts are also recommended to dictate care for beloved pets.

Legal counsel at Attorney Wenatchee can set up your trust to have solid legal standing. Once the trust is set into motion, counsel can act in the legal role of “protector” to ensure the trustee fulfills your wishes.

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Let us help you create a plan that protects your legacy and provides peace of mind for you and your loved ones.

Call us today at (509) 289-2354.

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Living Will

Also known as an Advanced Health Care Directives, the Living Will enables you to live and die on your own terms after you are no longer able to make decisions for yourself. Living wills are created while you are of sound mind — before the onset of diseases like Alzheimer’s — or before a debilitating accident.

Powers of Attorney

A Power of Attorney is a legal document that grants someone else the authority to make financial and legal decisions on behalf of an individual. In Washington state, there are specific laws and regulations that govern Powers of Attorney.

There are two main types of Powers of Attorney in Washington state: General Power of Attorney and Durable Power of Attorney.

1. General Power of Attorney: A General Power of Attorney gives the agent the authority to make financial and legal decisions on behalf of the principal, but the authority ends if the principal becomes incapacitated or dies.

2. Durable Power of Attorney: A Durable Power of Attorney grants the same authority to the agent as a General Power of Attorney, but the authority continues even if the principal becomes incapacitated or unable to make decisions.

How Do Powers of Attorney Work?

To create a Power of Attorney in Washington state, the principal must be at least 18 years old and of sound mind. The document must be in writing and signed by the principal in the presence of a notary public or two witnesses who are not related to the principal or the agent.

Once the Power of Attorney is created, the agent can use it to make decisions on behalf of the principal. The scope of the agent's authority is determined by the language of the document. It is important to note that the agent has a fiduciary duty to act in the best interests of the principal and to avoid conflicts of interest. The Power of Attorney can be revoked by the principal at any time, as long as the principal is of sound mind.

It is important to carefully consider the scope of the agent's authority before creating a Power of Attorney and to consult with an attorney to ensure that the document meets the individual's specific needs and requirements.

Probate

Probate is the legal process of validating a will and distributing the assets of a deceased person according to the terms of the will. In Washington state, the probate process is overseen by the Superior Court of the county where the deceased person lived. If you have a will in place, the court will determine if it is valid before your selected Personal Representative can execute it. Documents that are in order will provide the Court with the ability to immediately appoint your named Personal Representative to access your financial accounts and manage your affairs without any further Court intervention. If the person did not have a will, the court will appoint an administrator to manage the process. The probate process typically takes several months to complete and involves several steps, including identifying the assets of the deceased person, paying debts and taxes, and distributing assets to beneficiaries.

For further inquiries please contact council by calling (509) 289-2354 or email eric@attorneywenatchee.com.