Firm News

Social Security Disability Insurance (SSDI) benefits provide essential financial aid for millions of Americans with disabilities. Life changes, including marriage and divorce, can raise concerns about your benefit status. As such, it’s natural to worry about losing or seeing a change in your benefits when you experience one of the two. Work history, not marital status In general, your marital status does not directly affect SSDI benefits. What really matters is your work history and disability or medical condition. How much you’ve paid into the Social Security system may also affect your benefits. Still, there are a few indirect ways your marriage or divorce may impact your SSDI benefits. Marriage and SSDI benefits Your personal SSDI benefits do not change when you marry. However, if you receive benefits on someone else’s record, that changes things. For example, if you are receiving SSDI benefits from your ex-spouse’s work record, remarrying could end that. Here are a few more points to keep in mind: Your new spouse might qualify for spousal benefits Any children you have will maintain their eligibility for benefits Your marriage may affect Supplemental Security Income (SSI) benefits if you receive them with SSDI Remember, SSDI is an individual benefit. This means that your spouse’s income and assets do not affect your eligibility or your benefit amount. Divorce and SSDI benefits Similar to marriage, your personal SSDI benefits will continue without changes after you get a divorce. However, if you’re receiving dependent benefits on your spouse’s work record, then things may change. Unless you meet certain conditions, you will likely lose your dependent benefits. These conditions include: Married for at least 10 years Must stay unmarried At least 62 years old or have a disability The same conditions apply if your ex-spouse received benefits through your record. Keeping your benefits through relationship changes Your SSDI benefits generally remain protected through marriage and divorce. However, each situation brings unique considerations worth discussing with a legal professional. They can further explain how life changes may affect your situation and help you protect your benefits.

Managing digital assets can be complex for fiduciaries. It is especially hard given the variety of asset types and the evolving legal landscape. Digital assets include cryptocurrencies, digital accounts, and intellectual property, each posing unique challenges. Cryptocurrencies Cryptocurrencies like Bitcoin and Ethereum are hard to manage. They are decentralized and use b lockchain technology . This makes them tough to trace and access without proper keys. Their value can change quickly, which adds more complexity. Securing them requires knowledge of digital wallets, which people can lose. People can also hack these wallets. The legal status of cryptocurrencies also varies, making it even more complicated. Digital accounts Digital accounts include social media, email, and cloud storage services. These accounts often have personal and sensitive information. Fiduciaries may have trouble accessing these accounts due to privacy policies. Managing data according to the owner’s wishes while following privacy laws is challenging. These policies and terms of service agreements determine if fiduciaries can transfer accounts. Intellectual property Intellectual property includes copyrights, patents, and trademarks. These assets need special knowledge to manage well: Valuation: Determining the value of intellectual property can be tough due to its intangible nature. Licensing and royalties: Managing ongoing licensing agreements and royalties needs constant attention. Legal protection: Protecting intellectual property rights involves complex legal processes. Navigating the digital asset landscape Digital assets are only growing in popularity. As such, fiduciaries managing digital assets face a tough landscape. The complications of handling these modern forms of wealth often require outside guidance. To handle these assets appropriately, fiduciaries might need support from legal professionals. It’s crucial for fiduciaries to feel prepared to preserve these assets for years to come.

As part of our continued growth, Brothers & Henderson, P.S is pleased to welcome M. Heather Kolby to the firm as an Associate Attorney. She earned her Juris Doctor from Santa Clara University School of Law, her Master of Science degree in School Psychology from San Jose State University, and her Bachelor of Arts degree in Psychology from California State University, Northridge. Ms. Kolbly’s practice at the firm will focus on Special Education law and estate planning. Her background includes 13 years as a school psychologist in the California public school system and then most recently on the public schools on the Eastside of Seattle. From that experience she gained a deep understanding of how schools and school districts function and the learning differences, disabilities, and emotional and psychological challenges that students face every day in their continued learning. Prior joining Brothers & Henderson, she managed her own solo-practice law firm for 10 years.

Brothers & Henderson, P.S. is on the move. The firm has relocated from its Eastlake location at 2722 Eastlake Avenue East to the Fremont neighborhood at 936 N. 34th Street, Suite 200 as of March 21st, 2022. Nicknamed “The Center of the Universe,” Fremont was once its own city before being annexed to Seattle in 1891. The town was founded by Luther H. Griffith and Edward Blewett, with the name being inspired by their hometown of Fremont, Nebraska. Fremont is also the home of the Troll’s Knoll and the iconic Fremont Troll sculpture. Two acres of urban forest integrate with local neighborhood residents – known as “Friends of the Troll’s Knoll” – that feature gardens in the P-Patch. Fremont also features seemingly unlimited options to eat, drink (preferably outdoors), shop, live, work, play, and stay. Brothers & Henderson, P.S., has blazed its own trail in disability and elder law, quickly becoming a fixture in the Seattle area. Partners Joshua L. Brothers and Christopher Henderson combine more than 20 years of experience, not to mention a commitment to high-quality legal services. They work hard to earn their clients’ trust, resulting in long-term relationships measured in decades. While our location is changing, our service remains unchanged. For dedicated and diligent legal representation for complicated legal matters, contact Brothers & Henderson, P.S.

As part of our continued growth, Brothers & Henderson, P.S is pleased to welcome Brittany S. Lu mia to the firm as an Associate. Brittany received her Juris Doctor from Seattle University School of Law in 2016 and graduated from Arizona State University with a Bachelor of Science Degree in Political Science in 2011. Prior to joining Brothers & Henderson, Brittany worked as an estate planning and probate Associate at Hart Schoener Bliss, PS. During law school, Brittany was a legal intern for the Indian Estate Planning Project working with the Puyallup Tribe and a Student Attorney for the Federal Tax Clinic at the University of Washington School of Law. Brittany focuses her practice on estate planning, trust and estate administration, gift and estate tax, and transfers of real property. She counsels individuals and families on their personal planning needs, in both tax and non-tax aspects of estate planning and advises fiduciaries on their duties in trust and estate administration matters. Brittany was born and raised in Scottsdale, Arizona, and relocated to Seattle in 2013. Brittany enjoys watching football (Go Sun Devils!), traveling, and golfing with her husband. Please join us in welcoming Brittany to the team!

As part of our continued growth, Brothers & Henderson, P.S, is pleased to welcome Katie Marrs to the firm as Associate! Katie was admitted to practice in the State of Washington in 2017. She earned her Juris Doctor from the University of Washington School of Law in 2017 and a Bachelor of Arts in English and Law, Societies & Justice from the University of Washington in 2014. Ms. Marr’s practice focuses on elder law, Medicaid and VA long-term care planning, guardianship, estate and trust planning, and estate and trust administration. Ms. Marrs is a member of the Washington State Bar Association’s Elder Law, Real Property and Probate and Trust Sections. Additionally, she is a member of the King County Bar Association’s Guardianship, Elder Law and Real Property, Probate & Trust Law Sections as well as the Washington/National Academy of Elder Law Attorneys. Ms. Marrs also volunteers for the Washington State Chapter of the Alzheimer’s Association.  While not at work, Ms. Marrs enjoys spending her time with her husband, Caleb, and their two cats. They spend their weekend’s skiing, hiking, and camping with family and friends. Please welcome Katie to the team!

Caring for an aging family member is exhausting work, even more so if that family member is suffering from dementia or other conditions. Primary caretakers may rarely or never get a break from this work, which often leads to caregiver burnout. Burnout has dangerous consequences for both the caregiver and his or her aging family member. Respite care is an option that may provide some relief. What is respite care? Respite care offers primary caregivers a short-term “respite” from the strenuous demands of caring for someone else by allowing an alternate, qualified caregiver to take over for a specified time. Respite care may only last a few hours, or it may last for several days or even weeks. This alternate care may be a regularly scheduled event, or it may be a solution when an emergency situation arises. Who offers respite care? Respite care often takes place in the home of the person who needs care, or at a designated facility, such as an adult day care. Many assisted living and skilled nursing facilities also offer respite care services. Regular, respite-care visits to such a facility may make the transition to full-time facility care significantly easier when the time comes. How can families pay for respite care? The cost of respite care varies depending on the location and duration of care. Caregivers who provide in-home help often charge an hourly rate, while adult day care centers may offer daily or weekly rates. Washington’s Community First Choice Option and Medicaid Personal Care programs may cover some or all of the costs of respite care for eligible Washington residents.  Caregivers frequently feel pressure to “do it all” and are often reluctant to seek outside help. However, by giving the caretaker a much-needed break, respite care is beneficial for everyone involved.

Many people are well aware of the financial perks of setting up a solid estate plan, such as ensuring that assets are divided in accordance with one’s wishes and even helping disabled loved ones retain their eligibility for government benefits through a special needs trust. However, there are many other reasons why having an effective estate plan is important, from safeguarding the stability of a family to emotional relief.  If you are undecided about whether it is the right time to create a will or trust, carefully reflect on some of the other reasons why having an estate plan in place is so important. What emotional perks do estate plans offer? According to USAGov, creating an estate plan allows people to pass down their assets following their death and help their loved ones understand and carry out their wishes. Many people feel incredibly relieved once they have successfully maneuvered through the process of setting up an estate plan and feel less stressed out about their life and their loved ones’ futures. Uncertainties about one’s ability to provide family members with financial support after they die often diminish or even disappear altogether. Some people have an easier time accepting end of life issues and sleep better with a renewed sense of hope. How do estate plans benefit a family? When someone dies without an estate plan (or they have a poorly-drafted will or trust), many problems often arise for their loved ones. Sometimes, bitter disputes tear families apart and lead to long-term rivalries. Even when families are able to reach agreement on key estate matters, the entire process is often very stressful and time-consuming when an estate plan is not in place to account for these hurdles. By taking the time to work through one’s estate by setting up an effective plan, many of these challenges are avoided.

Whether attempting to choose a long-term care facility for a close friend or loved one, or selecting a new home for yourself, there are some important factors to consider. Long-term care facilities offer medical supervision and assistance to those who are unable to live completely independently. Care homes differ in the amount of assistance they offer. While some provide help with basic living tasks, such as bathing, dressing and eating, other homes simply have medical staff available in case you need them. Considering the factors According to Medicare.gov, there are a number of items to look at before choosing the best assisted living facility for you. These include the following: What type of medical care is available? What types of activities does the home offer to promote socialization? Are family members welcome at any time? Is the facility in a good area, close to friends and family? Does the facility accept your insurance? What types of reviews does the home have? You should not lose your right to make decisions regarding your care. However, there may be directives in place allowing others to make decisions on your behalf should you become unable to make those choices. Ensuring safety and well-being You may also want to research whether the care facility has accreditations or certifications , such as the Joint Commission’s Long Term Care Accreditation Program. These programs gain an in-depth look at the standards and ethics used to run the facility. According to the Joint Commission, this includes topics such as infection prevention and control, emergency management, environment of care, human resources, safety precautions, medication management and respectful treatment of residents.