November 2021
Not only are you forced to deal with the emotions of losing a loved one, but you may have to help finalize the estate. Washington and many other states in the nation require probate before the courts are able to disperse assets and property left in the last will and testament. Whether creating an estate plan or dealing with the aftermath of a loved one’s death, it is important to know what the probate process entails and the circumstances that surround this somewhat overwhelming process. What is probate? Before beneficiaries receive the property left to them by the deceased, it may pass through the probate process. During this time, the court and/or the deceased’s personal representative gathers the property and assets involved in the estate and determines the overall value. Any remaining debt or expenses owed by the estate is then paid out of the estate’s value. Finally, the executor distributes the remaining assets and property to the beneficiaries named in the last will and testament. What estates go through probate? Not all estates must go through probate. According to Washington statutes, an estate can bypass the probate process if it involves any of the following circumstances: Property or assets are in an account with a transferable on death notification Estate’s net worth is less than $100,000 Property or assets are in a trust, which pays out directly to the beneficiaries In some cases, you can plan your estate in such a way that will prevent probate once you pass. Not only does this make it easier on family members, but you can ensure your beneficiaries receive everything you want them to have.
As its name implies, elder law and its practitioners address all the issues that face older adults, their caregivers and their families and friends. As you and your parent’s age, you should become aware of the laws that protect you and the services available to you. FindLaw explains that, specifically, elder law includes all of the following : Estate planning Health care planning Elder rights Elder abuse and injury Estate planning Estate planning is itself a very broad area of the law. With regard to its application to elder issues, it can include the following: Making of a last will and testament Establishing one or more trusts Avoiding estate taxes Avoiding probate Health care planning You and your parents likely have definite preferences regarding the types of medical care you want — and do not want — if you become seriously ill or otherwise incapacitated. Listing these preferences in a living will or advance care directive ensures that you remain in control of the health care you receive. Effective care planning can likewise include signing a health care power of attorney wherein you designate the person, call your attorney in fact, who you want to make health care decisions for you in the event you cannot make them for yourself. Elder rights Elder law also includes protecting the rights of older adults, including the following: Right to dignity Right to safety Right to privacy Right to Medicare or Medicaid assistance Elder abuse and injury Unfortunately, elderly people who reside in nursing homes face the possibility of abuse or injury at the hands of other residents or their facility’s employees. Such abuse can take numerous forms, including physical, emotional and financial. Elder law addresses these issues. Overall, an elder law attorney can help make your elder years truly golden.
