Wills and Estate Planning

A Last Will and Testament is an important part of an estate plan. It allows you to provide clear instructions about how you want your property handled after your death and who you want to receive your assets.

Who gets the house? Who receives family heirlooms or antiques? Who should care for your pets? Who should serve as the personal representative of your estate? These are just some of the questions we discuss when helping clients prepare a Will.

At Heritage Law Office, we take the time to understand your family, your assets, and your wishes. Our goal is to prepare an estate plan that reflects what is important to you today while also anticipating changes that may occur in the future.

What Is the Purpose of a Will?

The person who creates a Will is called the testator. A Will allows the testator to designate beneficiaries and provide instructions for the distribution of property after death.

A properly prepared Will can serve several important purposes, including:

1. Providing instructions for your property. You can identify who you want to receive specific property or assets and provide instructions for the remainder of your estate.

2. Naming a personal representative. You can nominate the person you trust to handle the administration of your estate.

3. Providing for your family. A Will can address how your property should be distributed among your spouse, children, or other loved ones.

4. Nominating a guardian for minor children. A Will can express your wishes regarding who should serve as guardian of your minor children, although the court ultimately determines guardianship.

5. Reducing uncertainty and conflict. Clear, carefully drafted instructions can help your family understand your wishes and may reduce the potential for disputes after your death.

A Will, however, is only one part of an estate plan. Depending on your circumstances, other tools may be appropriate, including beneficiary designations, trusts, community property agreements, or other arrangements designed to accomplish your goals.

What Makes a Will Valid in Washington?

The requirements for a valid Will are determined by Washington law. Because the execution of a Will is an important legal process, simply having a document that says what you want to happen to your property does not necessarily guarantee that the document will be enforceable.

A Will should be prepared and executed in accordance with Washington's legal requirements. The person making the Will must also have the necessary testamentary capacity and must understand that they are creating a Will and making decisions about the disposition of their property.

Issues such as undue influence, fraud, duress, mistake, or improper execution can create questions about the validity of a Will and may result in litigation after someone's death.

For that reason, the execution of a Will should be treated as an important legal process rather than simply signing a form.

What Happens If You Die Without a Will?

When someone dies without a valid Will, they are said to have died intestate. In that situation, Washington's intestacy laws determine who is entitled to receive the person's probate assets.

Intestacy laws provide a default system for distributing property, but the statutory distribution may not be what you would have chosen.

For example, your estate may involve a blended family, children from a previous relationship, estranged relatives, unmarried partners, stepchildren, or other circumstances that make a simple distribution under the intestacy laws inappropriate for your wishes.

Creating a Will gives you an opportunity to make those decisions yourself rather than leaving the distribution of your probate estate entirely to the statutory default.

Family Considerations

Estate planning becomes particularly important when family circumstances are complicated.

You may have children from a previous marriage, stepchildren whom you consider family, a long-term partner, or family members whom you do not want to inherit your property. You may also have particular wishes regarding who should care for your minor children or manage property inherited by them.

These are issues that should be discussed while you are creating your estate plan—not left for your family to resolve after your death.

Does a Will Avoid Probate?

A common misconception is that having a Will means your estate will avoid probate.

A Will generally does not eliminate the need for probate. Instead, a Will provides instructions that can be carried out through the probate process when probate is required.

There are, however, different ways property can be structured or transferred so that certain assets may pass outside of probate. Whether those strategies are appropriate depends on the type of property you own, how your assets are titled, your beneficiary designations, and your overall estate-planning goals.

Our attorneys can review your assets with you and explain which estate-planning tools may be appropriate for your particular circumstances.

The Risks of Do-It-Yourself Wills

Online Will forms and do-it-yourself estate planning documents can appear simple and inexpensive. The problem is that estate planning is rarely one-size-fits-all.

A form may not account for your particular family situation, the way your property is owned, your beneficiary designations, or the specific wishes you want to accomplish. Errors in the preparation or execution of a Will can also create unnecessary questions and disputes after your death.

Even seemingly straightforward estates can involve issues that are not apparent from an online form.

If you already have a Will that you prepared yourself, it does not necessarily mean that you need to start over. Having an attorney review the document can help identify potential problems and determine whether it accurately reflects your current wishes.

Creating a Will That Reflects Your Wishes

When we prepare a Will, we want to understand more than simply who you want to inherit your property. We discuss your family circumstances, your assets, and the decisions that are important to you.

Depending on your circumstances, this may include:

• Who should receive your home and other real property;

• Who should receive specific personal property, such as antiques, jewelry, firearms, or family heirlooms;

• How the remainder of your estate should be distributed;

• Who should serve as your personal representative;

• Who you would want to nominate as guardian of your minor children;

• How you want property passing to minor children to be handled;

• Whether beneficiary designations need to be reviewed;

• How your accounts and other assets are titled; and

• Whether a Will alone is sufficient to accomplish your estate-planning goals.

The goal is not simply to create a document. The goal is to create an estate plan that works together and reflects your wishes.

Contact Heritage Law Office About Estate Planning in Cle Elum

Your Will is about more than property. It is about making decisions now so that your family does not have to make those decisions for you later.

At Heritage Law Office, we help individuals and families in Cle Elum and throughout Kittitas County create Wills and estate plans tailored to their circumstances. We take the time to understand what you have worked for, what matters to you, and what you want for the people you leave behind.

If you are considering creating a Will, updating an existing Will, or simply have questions about estate planning, contact Heritage Law Office at 509-899-5375 or through our online contact form to schedule a consultation.