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Personal & Estate Planning, Guardianship, and Probate Michael J. Longyear Reed Longyear Malnati & Ahrens PLLC www.rlmalaw.com.

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Presentation on theme: "Personal & Estate Planning, Guardianship, and Probate Michael J. Longyear Reed Longyear Malnati & Ahrens PLLC www.rlmalaw.com."— Presentation transcript:

1 Personal & Estate Planning, Guardianship, and Probate Michael J. Longyear Reed Longyear Malnati & Ahrens PLLC www.rlmalaw.com

2 Personal & Estate Planning Personal Planning Documents Durable Power of Attorney for Financial Matters Durable Power of Attorney for Health Care and Medical Decisions Health Care Directive (Living Will) Organ Donation & Burial Instruction Last Will and Testament What is a personal and estate plan?

3 Personal & Estate Planning Durable Power of Attorney Becomes active when you are incapacitated, provides legal authority for your agent to: – Manage your assets and legal interests – Make medical and health care decisions and provide access to medical records

4 Personal & Estate Planning Health Care Directive Provides guidance to your Agent to make end-of-life decisions

5 Personal & Estate Planning Organ Donation and Burial Instruction Provides guidance to your Agent to make arrangements for burial or cremation and other services

6 Personal and Estate Planning Why do I need personal and estate planning? Without a plan in place … Washington state provides the plan without knowledge of your intent The Estate goes to the intestate heirs The probate will be much more expensive

7 Personal & Estate Planning Factors to consider: Your family – Spouse – Children – Pets Your current and future health Goals for your family Types of assets – Real Estate – Retirement and Pension – Insurance – Investments

8 Personal & Estate Planning Other Estate Planning Documents Revocable Living Trust Testamentary Trust – children or spouse Special Needs Trust Martial or Credit Trust

9 Personal & Estate Planning It’s time to update your documents when the following changes: Family circumstances Financial circumstances Tax and probate laws

10 Guardianship Manage a minor child’s assets Manage a mentally disabled or incapacitated adult’s medical and financial matters Durable Power of Attorney contested Durable Power of Attorney fails because named agent unable or unwilling to serve

11 When may a Vulnerable Adult Protection Action be necessary? Abuse Neglect (or self-neglect) Financial Exploitation Vulnerable Adult Protection Action

12 Probate What is a Probate? Court process to … Marshal assets Pay any taxes Determine valid debts Pay creditors Distribute the estate per the terms of the Will or the intestate laws

13 Probate Types of probate Testate (with Will) – Names the personal representative – No bond required – Generally no court supervision May be exceptions (minors, etc.) Intestate (without a Will) – Requires bond – Court supervised & appointed

14 Contact Information Michael J. Longyear (206) 624-6271 mlongyear@rlmalaw.com www.rlmalaw.com


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