Seattle Will Lawyer

Only 46% of people have a Will, leaving their estate at risk of being divided in accordance with someone else’s wishes. Even if you have an existing Seattle estate plan, a Seattle Will lawyer can help you set up a Will or update your current one to reflect your current wishes.

A Will allows you to outline what happens when you die, such as:

Declaring how your property is distributed
Providing care details for minor children
Naming an executor of your estate

If you have assets that you want to be distributed to specific beneficiaries, or minor children that need a guardian named, a Will ensures that your wishes are upheld.

It’s never too early to create an estate plan.

Schedule a consultation to speak with an attorney for drafting wills.

Take a behind-the-scenes look at our ELG Estate Planning Seattle office and meet the incredible team behind the work. From your first consultation to finalizing your plan, we’re here to provide thoughtful guidance every step of the way.

What is a Will?

A Will is a legal document that outlines your wishes when you die. You can do a lot with a Will, such as name an executor who is responsible for executing the Will as per your wishes, and it’s a tool that helps your estate from being divided by the court.

All Wills must be filed in the court following death, but not all must go through probate.

Your Will can do a lot:

Distribute certain property to beneficiaries
Name guardians for minor children
Much more

You must be 18 years old to make a Will in Washington, and it’s often one part of a multipart estate plan.

If you want to transfer assets or property when you die to someone else, a Will prevents arguments among beneficiaries.

What is a Living Will?

A living will is not a Will. You can think of your normal Will as a means to transfer property and assets, but a living will is a document that outlines your instructions to medical professionals.

For example, let’s assume that you’re in a car accident and on life support. You cannot make medical decisions on your own, but your living will can tell your doctors and loved ones your wishes for:

Treatment
Life support
Pain management

If you want to donate organs when you die, you can include this information inside of your living will. A living will is also called a Health Care Directive, an Advance Directive or a Health Care Advance Directive.

What Happens if You Don’t Have a Will?

Without a Will, you will die intestate. Washington has a set of laws under Title 11, which outline what happens to an estate if a person dies without a Will. This is known as the Laws of Intestacy. The state will, in this case, be responsible for distributing your assets based on very specific laws and formulas.

Without a Will your wishes are unknown, so the law dictates that if you have a state-registered domestic partner or surviving spouse, they will receive:

100% share of the community estate, and
50% of the separate estate, if you have surviving children or grandchildren, or
75% of the separate estate, if you don’t have surviving children or grandchildren, and you have a surviving spouse or sibling, or
100% of the net separate estate if you have no surviving children, grandchildren, parents or siblings.

If there’s no surviving spouse, the property will be distributed as follows:

The estate will be divided amongst the surviving issue (children and grandchildren if their parent, who is a child of the deceased, is also deceased).
If there is no surviving issue, the entire estate will be inherited by the decedent’s parents.
If there are no surviving issue or parents, the estate will be distributed amongst siblings, and if a sibling is deceased, nieces and nephews.
If none of the above are surviving, the estate will go to the decedent’s grandparents.
If there are no surviving grandparents, then the estate will be distributed amongst their issue (aunts, uncles, cousins).

In the event that there are no relatives to inherit, the estate could be inherited by step-children in certain situations. Otherwise, the state gets the assets.

Creating a Will allows you to divide and direct assets while also providing clear guidance, thus preventing your beneficiaries from fighting over the details. You can leave your assets and property to friends, charities, and family members who may not fall within the laws above by creating a Will.

How Can a Will Help Preserve Your Wishes When You Are Gone?

A Will is a foundational document that can help ensure your family is provided for after your death.

Creating a Will allows you to preserve your wishes in a variety of ways. Through it, you can:

Distribute your assets however you wish
Specify who will receive any investments or businesses that you own
Direct assets to a charity or multiple charities of your choosing
Name guardians for minor children
Create trusts that protect assets for beneficiaries and preserve needs-based government benefits

Of course, there are some assets that cannot be distributed through a Will’s instructions, such as retirement account, investment accounts or life insurance policies that have named beneficiaries.

A Seattle Will lawyer can help you understand what can and cannot be distributed via your Will and ensure this essential document is drafted with care and expertise and coordinates with all your assets.

Can You Have Both a Will and Trust?

Wills and trusts are both tools that help you distribute your assets as per your wishes. Depending on the size of your estate, your family and your goals, you may wish to have both a Will and a trust.

For smaller, simpler estates, a Will may be more than sufficient for your goals.
If you have a larger estate, complicated distribution instructions or wish to shield your assets from creditors, a trust may be the better option.

However, if you have minor children, you may need to have both a Will and a trust. In this case, these two tools can work together to ensure your family is cared for. A Will can designate a guardian for your minor children, while a trust can help manage and distribute your assets as per your wishes.

Can a Will Ensure That You Avoid Probate in Washington?

In the State of Washington, probate is optional and depends upon how you have set up your estate plan. The state does not require a probate proceeding if the estate plan is set up to avoid probate.

Even if your plan is set up to avoid probate through use of a revocable living trust or transfer on death deed or other asset titling and direction, you should still create a Will, as it will outline and confirm your last wishes and how you would like your assets distributed. You may also find that probate is beneficial for your estate. In the State of Washington a probated Will with an asset protection supplemental needs trust is the only way a couple make protect assets for the surviving spouse against Medicaid Long-Term Care spend down.

Probate would be required if you have real property or personal property titled in your own name and the value exceeds $100,000, and your estate plan does not include provisions to avoid probate.

If, however, the estate’s value is $100,000 or less and consists only of personal property, the entire estate can pass to successors via Personal Property Affidavit. Probate, in this case, may not be necessary.

A Seattle Will lawyer can assist with drafting a Will and determining whether probate in Seattle would be beneficial for your estate.

Hiring A Seattle Attorney to Help You with Drafting Your Will

No one wants to think about their demise, but getting one’s affairs in order is one of the greatest gifts that can be given to family. Drafting a Will ensures that your wishes are known, and your assets are distributed as you see fit.

At ELG Estate Planning, we focus exclusively on estate planning and elder law. As your Seattle Will lawyer, we’ll guide you through the process of drafting a Will and answer all your questions.

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