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Why do I need a Last Will and Testament?
If you die without a will, your state's laws will determine who receives your property. By executing a Last Will and Testament, you can distribute your property in any manner you choose. A Last Will and Testament can also: designate a guardian for your minor child; provide for individuals in whom you have an interest (stepchild, godchild, elderly parent, or others); and support religious, educational, or other charitable causes.
Who may make a will?
Any person of sound mind who has reached the age of eighteen can make a will. Being of sound mind means that the person knows they are executing a will and that they are familiar with their property, their family, and their descendants.
What makes a will valid?
In order for a will to be valid in Washington: the will must be written, dated and signed; the person who makes the will must be legally competent and acting voluntarily, and be at least 18 years old; and the signing of the will must be witnessed by at least two legally competent individuals and signed in strict accordance with technical formalities. A will made for a resident in another state conforming to that state's requirements is valid in Washington.
What does a community property agreement do?
As a form of estate planning, a community property agreement is a legal document used to transfer separate property into community property upon the death of the first spouse.
What are the benefits of a community property agreement?
Community property agreements allow the quick transfer of assets to a surviving spouse without probate proceedings.
What are drawbacks of a community property agreement?
If not drafted properly, some community property agreements will transfer separate property into community property immediately upon signing, rather than upon the death of the first spouse.
Who should execute a community property agreement?
Couples in stable, long-term first marriages, who do not desire separate property, should execute a community property agreement.
What is a power of attorney?
A power of attorney is a legal document that gives one or more individuals the power to act on your behalf.
Are there different kinds of powers of attorney?
Yes. A power of attorney may be limited to a particular activity, such as closing the sale of your home. It may also be general in its application, empowering one or more individuals to act on your behalf in a variety of situations. A power of attorney may be effective immediately, or only upon a future event, such as when it's determined you are unable to act for yourself (a "springing power"). It may give temporary or continuous, permanent authority to act on your behalf.
- General power of attorney, which covers all activities.
- Specific power of attorney, which is limited in scope (for example, allowing someone else access only to certain bank accounts, or power to sell a particular piece of property, or power of attorney only for a limited period of time.)
- Durable power of attorney pertaining to legal and financial matters in particular.
- Durable power of attorney for health care decisions only.
What are the drawbacks of a power of attorney?
Sometimes the agent abuses the trust placed in them.
What are the benefits of a durable power of attorney?
A "durable" power of attorney stays valid even if you become unable to handle your own affairs (incapacitated). If you don't specify that you want your power of attorney to be durable, it will automatically end if you later become incapacitated.
What is a living will?
A living will is your written expression of how you want to be treated in certain medical conditions. A living will applies in situations where the use of certain medical treatments may prolong your life for a limited period of time and not obtaining such treatment would result in your death. Living wills do not determine your medical treatment in situations that do not affect your continued life, such as routine medical treatment and non life-threatening medical conditions. The living will, or a copy of the living will, can be retained by the attending physician and made a part of the patient's medical records.
What other directions can be given in a living will?
A living will can provide directions on the withholding or withdrawal of life-sustaining treatment in a terminal condition or permanent unconscious condition. These include any medical or surgical intervention that uses artificial means, such as a feeding tube and/or IV fluids, used to sustain, restore, or replace a vital function, which would serve only to prolong the process of dying. Life-sustaining treatment does not include the administration of medication or the performance of any medical or surgical intervention deemed necessary solely to alleviate pain.
What if I change my mind?
If you change your mind about the contents of your will, you can revoke the will or write a new will. If you change your mind about one or two items contained in your will, you can execute a codicil, which is a legal document that changes specific parts of your will.
If you change your mind about a power of attorney, that document can be revoked, and you must notify the person who held that power of the revocation.
If you change your mind about the provisions of your living will, you can revoke the living will by destroying the document and providing a written, signed, and dated cancellation to the attending physician, or by verbally expressing your intent to revoke the living will to the attending physician.
