Wills and Estate Planning.

Who among us does not procrastinate when it comes to this matter?  The very idea of addressing the issue forces us to face our own mortality.  If we had the exact date when you were scheduled to shuffle off this mortal coil, perhaps there would be no sense of urgency in making sure that your estate has been properly allocated by YOU while you are of sound mind.

Estate planning goes much further than just doing a will.  Here is why.  It not only deals with the precise distribution of your assets, but it also follows the wishes that you have for the people that you care about most.  In the long run, it may go a long way in determining a smaller tax bill, court costs, and fees that your loved ones could pay. You may wish to plan for powers of attorney or directives to physicians.

We should all think about the inevitable.  If you are a baby-boomer, for example then you have spent decades acquiring wealth and possessions.  Isn’t it time to consider where all of that will be going when you are gone?  For over four and a half decades Lyle Clark has been a Seattle area will and estate attorney.  Call him for an appointment at his Bellevue office at (425) 452-3092.

Notice of a Motion for Non-Intervention Powers in a Probate Proceeding

RCW11.68.041?  Wait, I’ll help you out.  I know your head must be spinning like Linda Blair in “The Exorcist”.  What does that mixture of letters and numbers mean?  There is a great deal to unpack here.  It refers to the advance notice of the hearing on a petition for nonintervention powers referred to in the probate act.

In the State of Washington, “non-intervention powers” are available to a personal representative who is granted non-intervention powers in a will.  A surviving spouse or domestic partner is also entitled to non-intervention powers when there is no will.  In all other cases, if the petitioner wishes to obtain nonintervention powers, the personal representative shall give notice of the petitioner's intention to apply to the court for nonintervention powers to all heirs, all beneficiaries of a gift under the decedent's will, and all persons who have requested, and who are entitled to, notice under RCW 11.68.041.

We invite you to Google this particular code in the State of Washington and do some of your own preparatory research.  For professional advice please call Seattle area probate attorney Lyle M. Clark, Jr.  He will explain the particulars of Washington’s RCW 11.68.041.  His phone number at his Bellevue office is (425) 452-3092.

Divorce in Washington.

Every state has slightly different rules as it pertains to the divorce process.  It would be prudent to understand what qualifies as grounds for divorce in the Evergreen State.  The only legal way to commence a divorce in our state is to file a petition declaring that the marriage is irretrievably broken and requesting that it be dissolved.  You can also request other relief in your Petition.  You must then have a Summons and your Petition served on your spouse by a process server or by an adult other than yourself. Alternatively, your spouse can accept service and can also join in the Petition.  The court will then consider your requests.

In most cases, Washington state divorce courts will “rubber stamp” your declaration that the marriage is irretrievably broken, but not in all cases.  Washington law provides for what is known as “conciliation”, which is sort of like mandatory marriage counseling designed to explore whether the marriage can be saved. If conciliation fails, the marriage dissolution proceeding continues.

Not that a divorce has to be difficult in this state, but it does require proper legal representation.  This is, after all, not the state of Nevada!  One of the Seattle area’s most accomplished divorce attorneys is Lyle Clark.  He has devoted the majority of his 37 years of legal practice to sorting out the ever-changing divorce laws of Washington State.  Give him a call at (425) 452-3092.

Meet a Seattle Area Family Attorney.

Knowing a quality family lawyer is like knowing a great medical practitioner.  When you find one with decades of experience and success you tend to feel much more comfortable.  We see these “high powered” divorce lawyers on TV and wonder…are they all cutthroat?  That is not the case most of the time.

Lyle Clark Jr. is a Seattle native.  He graduated from Washington State University as a proud member of “Cougar Nation”.  His beginnings were humble as an intern prosecuting misdemeanors for the city of Lacey.  One day, he set out on his own as a sole practitioner in the city of Bellevue.

Today, Seattle family attorney Lyle Clark can look back at four decades of service to the people of the Evergreen State.  An English major in college, he is an avid reader…and, yes he is great in the Shakespeare category on Jeopardy!  Get to know a man who has practiced for decades as a passionate family lawyer by calling (425) 452 3092.

I’ve Never Seen that Before.

These are five words you never want to hear from your doctor, your mechanic, your plumber, or your dentist.  The same is true from your divorce attorney.  When and if that time comes in your life you don’t want to be sitting across the desk from someone who appears to be a “deer in the headlights”.  You need a steady, experienced veteran.

There are plenty of choices among family attorneys.  Anyone with a law degree can “hang up a shingle” and choose this branch of the law in which to practice.  Many are called…few are chosen.  One thing about family law in Washington State is that it has changed over the decades and you want to hire someone who has experienced those changes.

One of the best veteran family attorneys in the Seattle area is Lyle Clark.  Consider Attorney Lyle Clark very carefully at this critical juncture.  He has over four decades of experience as a Seattle metro divorce attorney.  Visit his website at www.lmclarkattorney.com then call for a consultation at his Bellevue office (425) 452-3092.

What is the meaning of Irretrievably Broken?

Some states use the phrase “irreconcilable differences” as legal grounds for obtaining a divorce.  Washington State is different. When our legislature adopted the Marriage Dissolution Act in 1973, the intent was to remove fault from the legal proceedings to the fullest extent possible.  Thus, the only grounds for dissolution of a marriage is that it be irretrievably broken.

Washington thus did away entirely with what had until then been the legal grounds for divorce:  infidelity, cruelty, or abandonment.  It is simply time to part company and seek a happier life.  Let’s look at the dictionary definition of irretrievable.  It means “impossible to regain or recover.”  Divorce is not the end of the world … just the end of a chapter.

In the State of Washington we use this term rather than “no fault” although they essentially mean the same thing.  Take a deep breath and make the call that you may have been putting off thinking that things would improve.  Call Bellevue WA marriage dissolution attorney Lyle Clark.  Attorney Clark will guide you through the process.  His number is (425) 452-3092.

Your Children’s Best Interest.

I am sure that nearly everyone agrees that when a marital union comes to an end thoughts turn to the best interests of the children.  This is not lip service.  It is a very real concern about not only how they will react initially, but the profound long-term impact of living without both parents being under the same roof.

The term “best interests” stems from deliberations that family courts undertake to decide what actions to take to best serve a child in the long run.  Topics such as education, healthcare, and religious upbringing will be discussed.  The mental and physical health of each parent may come into play as well as financial stability.

If you must go through this do not do it alone.  You may wish to seek the advice of a veteran family attorney in the Seattle area.  For the last four decades Bellevue, Washington family attorney Lyle Clark has assisted individuals during this stressful process.  Please call Attorney Lyle Clark at (425) 452-3092.

Poor Old Social Security.

Earlier this month we addressed the question of whether or not Social Security is going broke.  If you recall we told you it is not.  We spoke of increased longevity and more women in the workforce.  We also informed you that trust funds are in better shape than some folks would have you believe, though there will be a short-fall in the retirement fund in about 20 years and much earlier in the disability fund.

As always, politics plays a part and it becomes complicated as things often do when politicians get involved.  One of the Presidential candidates, Bernie Sanders, made some noise when he proposed raising the ceiling on earnings subject to the payroll tax from the current level of $118,500 to $250,000. This solution has its problems, as do others. Raising the ceiling should be part of the solution to the long-term funding of Social Security.

Social security will affect nearly all of us and those of us who are Baby Boomers are acutely interested in its near future.  As it pertains to this topic, as well as wills and probate, no one in the Seattle area is better equipped to discuss it with you than Bellevue, WA Social Security attorney Lyle Clark.  Call him today at (425) 452-3092.

Is Social Security Going Broke?

Hey “baby boomers” and “gen X’ers”, that ought to get your attention.  Be honest, it is something we have all thought about.  Those of us “lucky” enough to be born before 1953 are already receiving or are about to receive those life-saving monthly checks from Uncle Sam.  Is the future potentially worrisome?

The short answer is NO!  As it stands here in early 2017 the Social Security trust funds are “in the black”, and the retirement trust fund will remain so for at least the next 20 years.  (The disability fund is solvent for only about five years.) But what about after that?  All of the trust funds are poised to go into the red unless some important measures are in place to restore their solvency.  They won’t go broke, but they will become unable to pay full benefits for about 20 to 25 years.  This is due to the fact that some unforeseeable demographic changes have occurred since Social Security was first created. Women are now more prevalent in the workforce, people are living longer, and the Great Recession of nearly a decade ago reduced the payroll tax contributions to Social Security.

We’ll talk more about this at a later time because it impacts us all…young and old alike.  If you need thoughtful advice about social security, wills, trusts, probate, and other family financial matters here is a great place to turn.  Visit www.lmclarkattorney.com.  Please give Attorney Lyle Clark a call and arrange for a free consultation in his Bellevue WA office at (425) 452-3092.

Termination of Disability Benefits.

Maybe you were under the mistaken belief that Social Security disability means “total disability”.  Now you are all set … the benefits will continue indefinitely.  Surprise!  That is not correct.  Disability means that the claimant has a medical condition that prevents him or her from working.  Thus, benefits are payable only so long as you remain unable to work.   Social Security performs continuing disability reviews periodically to assess ongoing eligibility.

For most people, continuing disability reviews occur every three years.  If you are deemed medically able to resume work, your benefits may be terminated.  Reviews may occur earlier than three years if the Social Security Administration believes that your condition is likely to improve sooner.

Legally, the burden of proof regarding your continued claim of disability lies with SSA, and the agency often makes mistakes in applying the rules for terminating benefits.  You may elect to continue receiving your benefits while you appeal, but you must make the election within ten days.  If you receive a termination notice you should contact a disability attorney immediately.   Call an attorney who knows the ins and outs of social security disability claims in the State of Washington.  You can’t afford to waste another minute!  Contact Social Security disability attorney Lyle Clark at (425) 452-3092.

Do Trusts Shield Estates From Creditors?

Most trusts used in estate planning are known as “revocable” living trusts.  These are flexible planning tools that have advantages in some situations.  Unlike other states where probate procedures are cumbersome and expensive, though, probate avoidance is usually not a good reason to create a trust in Washington State.  One major advantage of a revocable living trust is that the person(s) creating the trust can remove assets from the trust whenever they like.  Since that is the case, however, creditors can force the creators of the trust to remove assets from the trust to satisfy debts.  This is not the case when the trust is irrevocable.  The problem with that is that when you make a trust irrevocable, you no longer own the assets and cannot remove them from the trust, even though you may be entitled to receive income from the trust as a beneficiary.

While a trust may not be needed to avoid probate in Washington State, there are some situations where a revocable living trust may be a good planning tool. For example, if you own property in more than one state, placing your assets in trust could avoid two probates.  Additionally, if you are approaching the point where you will be needing assistance in managing your assets, a trust would allow you to give directions for how your assets will be managed and define the powers and duties of the trustee.

Whatever your situation may be, it is important to understand your options when creating an estate plan.  Choosing the right estate planning attorney is very important.  For over 35 years that man in the Seattle area is Bellevue, Washington trust and will lawyer Lyle Clark.  Start the New Year right by making sound decisions about your future.  Call attorney Clark today at (425) 452-3092.

A Quick Tutorial on Our Legal System.

In case you did not know, the legal system in forty-nine of the American states was inherited from the English.  (Louisiana follows the French legal system.)  In medieval times things were simple across the pond.  The King owned everything and the laws protected royalty over the commoners.  Commoners were called “vassals” and essentially had no rights.  Enter the Church of England.  Following its creation, courts were created to resolve disputes that the King did not have time for. The ecclesiastical courts followed a different set of rules; designed to bestow fairness and equity rather than to protect the property rights of the nobility. 

When America’s court system came into existence, the courts looked to English common law to establish precedents, integrating both rules of law and rules of equity.  Some English laws were codified into statutes.  What does any of this have to do with Washington’s Marriage Dissolution Act?  This is an area where law and equity overlap.  In the Evergreen State we have a 90-day waiting period before a dissolution may be finalized. That is a rule of law.  On the other hand, the Act provides that the community and separate property of the parties is to be divided fairly and equitably.

In a system where black-letter law does not spell out how financial issues are to be resolved, a qualified Washington dissolution of marriage attorney is a must to represent you properly.  That person in Bellevue is Lyle Clark.  Attorney Clark has been a Seattle area family lawyer for nearly 4 decades.  For professional advice on all family law matters call Lyle today at (425) 452-3092.

The Subject of Maintenance (Alimony) in Washington State.

This area of divorce is one of the most interesting and malleable as it affects every couple in a different way.  Years ago, a Washington judge by the name of Robert Winsor defined three separate categories of marriages.  They are short term (7 years or less), mid-term, and long-term (25 to 30 years or longer, depending on the ages of the parties).  His article has been cited in appellate court decisions, and it has become a benchmark in determining alimony or “maintenance” within the state.

The most difficult of these to determine is the mid-term marriage of say, 8 to 25 years.  There are so many variables, not the least of which is good old Uncle Sam.  You see, the person receiving the maintenance (alimony) must pay taxes on that amount while the one providing it may deduct it from their income tax return.  Now, there’s something to consider!

The subject of alimony or maintenance in the state of Washington needs to be discussed and handled by someone who has had decades of experience in dealing with it.  In Bellevue, WA may we recommend that you seek the council of Washington state divorce lawyer Lyle Clark.  Discover more about all of your options regarding maintenance by calling Attorney Clark at his office at (425) 452-3092.

Considering Divorce in the State of Washington?

It is one of the most impactful decisions you will ever make, especially if there are minor children in the home.  Please give it careful consideration.  In Washington state divorce is officially called “dissolution of marriage”.  Note that common law marriage is not recognized by the court system.  However, it is important to note that a court may divide up property acquired during a relationship when it finds that the partners have lived in a quasi-marital situation.  Marriage between partners of the same sex is recognized in Washington, as are Domestic partnerships.  Either may be dissolved with the same process as a marriage dissolution.

Here is some of what you may expect.  The court will consider all of the family’s liabilities as well as its assets, whether owned separately or acquired during the marriage as community property.  Their task is to be “fair and equitable,” which does not necessarily translate into “equal”.  One of the spouses (partners) may be required to pay maintenance (alimony).  And perhaps most importantly, the dependent children will have residency and visitation decisions made on their behalf.

All of this is stressful enough.  To go into the process without a trained veteran family law lawyer on your side is just plain folly.  In the Seattle area the right choice is Bellevue, WA divorce attorney Lyle M. Clark Jr.  For more than 35 years he has dealt with all matters of Washington state family law.  Begin this important process in your life by calling Lyle at (425) 452-3092.

Legal Separation vs. Divorce.

The distinction can be very confusing.  This decision will be one of the most important of your life.  Divorce or legal separation.  Which is best for you and your family?  It is essential to educate yourself on the legal and emotional effects that both possibilities will have on your future.  If you decide to hold off on filing for divorce, making your separation legal is also important to fully understand … it is not just a matter of leaving the household.

In Washington State, a legal separation proceeding is identical to a marriage dissolution, except that the court does not dissolve the marriage.  Your finances are kept separate.  Things like child custody and support as well as spousal maintenance may be ordered by the court.  When you divorce, the marriage is formally ended and you may proceed with your life including marrying someone else.  With a legal separation you obviously cannot remarry. However, a decree of legal separation may be converted to a decree of marriage dissolution later on upon the request of either party.

There is a great deal more to understand from an experienced family attorney.  Before you make an important life-changing decision in the Seattle area call on Lyle M. Clark Jr., a professional family law attorney located in Bellevue, WA.  Call him on matters of family law and tap in to his 35+ years of experience at (425) 452-3092.

Smart Estate Planning.

When you are thinking ahead you are usually thinking smart.  Planning for the future of your family after you are gone is certainly no exception.  Who makes those future vital decisions that celebrate a life well lived?  Start with a clearly crafted, will written with all of the i’s dotted and t’s crossed and you have already achieved great peace of mind.

Some things to remember as you do –

1.  Don’t forget life insurance.  You don’t want expenses to pile up on your loved ones.

2.  We recommend durable powers of attorney so that someone can manage your financial affairs and make medical decisions for you if you are incapacitated.

3.  Discuss probate with your attorney.  Probate in Washington State CAN be as simple as filling out some forms and paying a few hundred dollars to have the papers filed.

All of this is the purvey of an experienced attorney.  That is why you call on the veteran expertise of someone who has been dealing with estates in the Seattle area for 35 years.  That man is Lyle M. Clark Jr. - a professional estate planning attorney located in Bellevue WA.  Call him on matters of estate planning from start to finish at (425) 452-3092.

The Differences Between SSDI and SSI.

Perhaps the most important thing to understand is that both SSDI and SSI are for disabled individuals seeking cash benefits due to inability to work.  These two programs differ, however when it comes to financial eligibility.  SSDI stands for Social Security Disability Insurance.  SSI, on the other hand, is Supplemental Security Income.

While both SSDI and SSI require medical proof that a claimant is unable to work, the two programs have different financial qualifications.  SSI is a “need based” program for people of Washington State and throughout America.  It has nothing to do with work history, but rather is available to people without other sources of income and assets from which to support themselves.  SSDI gets its funding by levying taxes on everyone’s payroll.  By working over many years you have “contributed” to this fund and may be entitled to benefits while you remain disabled or until you reach your full retirement age.

The layman would never be expected to know all of the ins-and-outs of SSDI and SSI.  This is why you should call on the professional expertise of someone who has been dealing with their nuances for three and a half decades. In the Seattle area that man is Lyle M. Clark Jr., an experienced SSDI and SSI attorney.  Call him on any and all of these matters at (425) 452-3092.

Some of the Reasons for a Prenuptial Agreement.

Some months ago in this space we defined the prenuptial agreement.  Today let’s look at its pros.  For people with large estates the division of property in the event of a divorce can have an impact on their heirs after death.  This is especially true when BOTH parties have property that they do not wish to have co-mingled.  Property distribution and the assignment of debt are at issue if the union dissolves.

Personal issues such as child support and child custody are NOT part of a prenuptial agreement.  The court has the power to decide those issues based on the laws at the time of the divorce.  What ARE valid subjects, however, are real estate, business interests, significant retirement benefits, stock options, and other investments.  Some people may want to provide for their children from a previous marriage.  To be valid and enforceable, however, a prenuptial agreement must be carefully drafted.

In the future we will discuss the cons of a prenuptial agreement.  In the meantime, please know this…for more than three and a half decades Attorney Lyle M. Clark has been advising people seeking divorce in the Seattle area.  You and a generation before you have known him as a Bellevue WA divorce attorney.  Call him on any family legal matter at (425) 452-3092.

What is a Living Trust?

A trust is one way to hold and manage one’s estate. There are two ways to create a trust:  Either in a will (a testamentary trust) or by means of a written trust agreement (a living trust) that takes effect when you transfer property into the trust.  A living trust is a legal document that can act as a substitute for a will.  The function of this document is to put your assets into the trust so that they may be administered according to your wishes during your lifetime.  When you pass away these assets transfer to your beneficiaries without the necessity of probate.

 

Here are some questions to ask yourself before deciding if a living trust is right for you…

1.  What does a living trust do for ME?

2.  Is it helpful if I become incapacitated?
3.  Who should I appoint as the trustee?
4.  How will my assets transfer to the living trust?
5.  What are the negatives concerning this type of trust?

If you are considering drafting a living trust, contact the law office of Lyle M. Clark Jr.  Sit down for a free consultation with Attorney Clark and he will help you decide the right course of action.

For 35+ years he has been the choice of many as a Bellevue, WA area estate planning attorney.  Pick up the phone and dial Lyle at (425) 452-3092 for any and all questions about wills and trusts in Washington.