The death of a loved one is very emotional, yet at the same time families often have many legal and financial questions and concerns. Accessing funds and transferring assets after a person dies can be challenging and may require a court proceeding called a probate. Probate is an administration of the estate of a deceased person started in court to ensure that the deceased person’s property is distributed according to the terms of their Will or according to the state statute, if there is no Will.
The Washington State probate process is generally less complicated and less expensive than it is in other states because Washington has minimized the amount of involvement courts have.
When a loved one dies, our firm can:
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Advise you on where to begin and whether a probate is needed;
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Prepare the necessary court documents if probate is required;
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Explore options to access assets without going through the probate process;
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Assist you in the transfer of assets to trusts that may be included in the Will and advise the trustee on how to administer the trust; and
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Advise you as to any taxes that may need to be paid or any required tax reporting.
Sometimes probate is not necessary because the decedent owned all of their assets in a living trust (sometimes also called a revocable trust or a revocable living trust). Through the trust administration process, the assets of a trust are distributed to beneficiaries after the death of the trust creator. Even though probate may not be necessary, there are often other legal and financial matters that still need to be addressed to carry out the decedent’s wishes. We can assist if you have been appointed to serve as a trustee of a trust. We regularly advise trustees on their duties and responsibilities in administering a trust upon the death of a loved one, as well as and providing counsel on asset ownership and title issues, tax issues, asset valuation, and helping with any conflict that may arise throughout the trust administration.
We also have experience with other alternatives to the probate process that may be applicable to your situation, including Lack of Probate Affidavits and Small Estate Affidavits, in cases where probate is not needed.
Helping You Finalize Your Family Member’s Affairs
At Sherrard McGonagle Tizzano & Lind, P.S., we can help you address all of these important questions. Our probate lawyers have a dedicated focus on estate matters and are experienced in addressing issues in probate and trust administration.
Compassionate Service When You Need It The Most
When you work with our law firm, we understand that this is an emotional time for you and your family. We provide compassionate service as we address your legal matter and work to make the processes as stress-free as possible.