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.

Divorce in the State of Washington.

Let’s keep it simple and basic.  If one of the couples seeking a dissolution of marriage lives in the Evergreen State, they can file for divorce without the consent of the other partner.  Washington is what is called a “no fault divorce state”.  Save your energy.  Gone are the days when you have to prove fault or demean your former partner just to end the union.

You may question WHERE you file.  That would be in the county where you or your spouse resides.  How long does the process take?  The minimum waiting period in the state is 90 days.  It will take at least that long for what is known as the Decree of Dissolution to be entered.  However, be prepared that if there are any contested issues it will be a longer process.

For the least stressful method of filing for a dissolution of marriage you need a qualified veteran divorce attorney.  In Bellevue, Washington that is 35 year professional Lyle Clark.  Attorney Clark is a Seattle area dissolution of marriage attorney in the State of Washington.  If you wish to begin the process today, please give Lyle a call at (425) 452-3092.

Knowing More about Wills and Probate.

Besides that taxes thing, one other thing that is certain in this life is death.  It comes to everyone eventually and whether you are prepared for it or not, what happens after your time on this earth matters to your loved ones.  You would never consider abandoning your family while you are here, but do you want them to have peace of mind and security when you are gone?

There are some common misunderstandings about this topic.  Among them are - 

1.  The state gets it all.  Not by law, even without a will, but carefully preparing a will makes sure that your wishes are carried out.

2.  Time.  It does NOT take years to resolve probate.

3.  I will have nothing left to give.  You might be surprised.

4.  I am the oldest child so I will get all of my parent’s estate.

5.  The cost of probate will eat up my estate.  Really???  Certainly not in the state of Washington.

Find out for yourself.  Cut through the questions about wills and probate by calling a professional with over 35 years in this business.  He is Bellevue, Washington will and probate attorney Lyle Clark.  If you have a question regarding what to do with your possessions when you are no longer with us then call attorney Lyle M. Clark, Jr. 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.