Hanis Irvine Prothero, PLLC Criminal Defense Lawyer Kent, WA | Divorce | Personal Injury 2026-06-30T11:37:52Z https://www.hiplawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1602357/2021/03/cropped-HIP_fav-icon-32x32.png On Behalf of Hanis Irvine Prothero, PLLC <![CDATA[Why do new parents need a will in Washington?]]> https://www.hiplawfirm.com/?p=50473 2026-06-30T11:37:52Z 2026-06-30T11:37:52Z Congratulations on welcoming a new member to your family! With your busy schedule, you likely have new priorities to focus on: your child’s future and how your will directly shapes it. Here’s why you should consider adding a will to your family’s plan.

Why should you draft a will?

According to a survey, 60% of Americans still do not have a will. This is not something to take lightly. Life can be unpredictable and one must prepare for all sorts of scenarios. The first step you can take in that direction is to draft a will keeping your newborn in mind. With a will, you can choose a trustworthy guardian for your child and an alternate guardian in case the first is unavailable. 

Draft a comprehensive will

A will can act as a well-thought-out contingency plan. Aside from just assigning guardianship, you can also nominate a person you trust to look after your assets on behalf of your child. Some of the other questions the will can answer include:
  • Who will manage the finances?
  • At what age can your children take control of the assets? 
  • How will you divide the assets among multiple children (if you plan to welcome more members to your family)?
  • What conditions must your child meet before they can access their inheritance?
Whether you possess great wealth or modest assets, a will serves a vital purpose and allows you to personalize every detail to your family's needs. 

Secure your child’s future

Parenthood is all about making the right choices for your child and drafting a will is one of the most important ones. It does not have to be an overwhelming process. With the right legal guidance, you can create a clear and comprehensive estate plan tailored to your family's unique needs.]]> On Behalf of Hanis Irvine Prothero, PLLC <![CDATA[5 estate planning tips for newlyweds in Washington]]> https://www.hiplawfirm.com/?p=50471 2026-06-18T13:57:49Z 2026-06-18T13:57:49Z Why does estate planning matter? Washington is a community property state, meaning many assets and debts acquired during marriage might be considered jointly owned by both spouses, subject to certain exceptions. But when it comes to separate property owned before marriage, who would make decisions if one of you faces an unexpected critical emergency? Here are five essential tips that could help you understand estate planning:
  • Draft a will or a trust: A will allows you to clearly state who would inherit the separate property and to appoint an executor to manage your estate after your death. A trust might help streamline the transfer and management of assets after death and, in some cases, help avoid or lessen the complications of probate.
  • Update beneficiary designations: Update the name of the spouse as the primary beneficiary in your paperwork. For bank accounts, request a pay-on-death (POD) designation so your spouse can access those funds without court approval.
  • Establish a power of attorney (POA): Appoint your spouse as your agent in a durable financial power of attorney. This gives them the authority to manage finances and run the household smoothly if you are unable to do so.
  • Execute a medical POA: A durable power of attorney for healthcare designates your spouse as your healthcare agent. It gives them the authority to make critical medical decisions for you if you are unable to communicate.
  • Review and align your asset titling: Review how major assets are titled and discuss whether ownership arrangements that include survivorship rights align with your estate planning goals.
Make sure to account for your digital lives alongside physical assets while doing estate planning. Create a secure list of your important online accounts, digital assets and access information to help your spouse manage the situation smoothly in an emergency.

Planning for the future together

Estate planning is not only about assets, but it's also about protection and peace of mind. By taking these steps early with the guidance of a Washington estate planning legal professional, you could protect the future of your spouse and the legal foundation of your marriage.]]> On Behalf of Hanis Irvine Prothero, PLLC <![CDATA[4 estate challenges that blended families may face in Washington]]> https://www.hiplawfirm.com/?p=50390 2026-06-08T14:40:58Z 2026-06-13T14:39:32Z Blended families are beautiful as they bring a diverse group of people under one roof. However, they also introduce a unique layer of complexity when it comes to inheritance. Here are some crucial challenges to watch out for.  

The friction between children and the stepparent

In most cases, it can be difficult to foster harmony between children from your previous marriage and your current spouse. The situation can deteriorate if you pass away, as relationships can easily sour without you there to anchor them. If your spouse eventually remarries, your biological children could find themselves completely out in the cold. That is why it is important to draft a will that can tackle the aforementioned problems. 

Outdated wills or nuptial agreements

After drafting your will or prenuptial agreement, you may forget you even had one. Over time, these documents may no longer reflect your wishes. However, if you review and update your estate plan regularly, you can ensure that the right people receive the right assets at the right time.

The risk of intestacy law

It is completely normal to hesitate to start estate planning because family conversations can feel uncomfortable. But procrastinating for too long could mean letting state law decide your legacy. Dying without a will triggers rigid Washington intestacy laws that use fixed formulas to split your assets, often forcing your spouse and adult children to awkwardly co-own property. 

Stepchildren may not get an inheritance

If you have stepchildren you raised and love, you must explicitly name them in your estate plan. Under Washington law, stepchildren have zero automatic inheritance rights if you die without a will, unless they were formally, legally adopted. Without a custom plan, they may be left with nothing.

The earlier you act, the better

Most people assume that estate planning is something that can wait. In reality, postponement only increases the risk of future misunderstandings and disputes. That is why creating a comprehensive estate plan now with an experienced estate attorney is always encouraged. ]]> On Behalf of Hanis Irvine Prothero, PLLC <![CDATA[Can a revocable living trust protect you if you become ill?]]> https://www.hiplawfirm.com/?p=50386 2026-06-04T08:44:59Z 2026-06-04T08:44:59Z What happens to your assets if you become incapacitated? Without comprehensive planning, your loved ones may need court-appointed guardianship or conservatorship to manage your care and assets outside the trust. This process can be time-consuming, expensive and emotionally draining for your family. A revocable living trust offers a private alternative for assets you transfer into it. When you create this trust, you usually name yourself as the initial trustee. You can also name a successor trustee to step in if you become unable to manage your financial matters. This transition happens without court involvement for trust assets, allowing those affairs to continue smoothly.

How does a successor trustee manage your care?

A successor trustee has the authority to manage the trust’s assets according to the written instructions. This person can pay your bills, manage investments and use trust funds for your medical care and daily needs. You may change or revoke this appointment at any time while mentally competent. The trust document should state how you want your assets used if you become ill. This ensures your wishes are followed even when you cannot communicate them yourself.

Does a living trust replace the need for other documents?

A revocable living trust does not eliminate the need for additional planning documents. You may consider having a durable power of attorney for financial matters not held in the trust. Additionally, you could have a healthcare directive to address medical decisions. These documents work together to provide comprehensive protection.

Taking steps to protect your future

No one wants to imagine becoming too ill to manage their own affairs. However, taking action now can spare your loved ones from difficult decisions and court proceedings later. Planning ahead is an act of love that protects both you and those who care about you. A revocable living trust can help your family focus on your well-being rather than legal complications.]]> On Behalf of Hanis Irvine Prothero, PLLC <![CDATA[When should you review your estate plan?]]> https://www.hiplawfirm.com/?p=50385 2026-06-04T06:27:13Z 2026-06-04T06:27:13Z Has your family changed? Marriage, divorce, birth, adoption or a death in the family may affect the people you want to include in your plan. You may want to review who you named, what roles they hold and whether those choices still fit your current relationships. A family change may also affect how you think about support, care and long-term planning. You might want to consider whether your documents still name the right people for important decisions. It often helps to check whether your backup choices still make sense, especially if your family structure has changed over time.

Have your priorities changed?

Your estate plan might also feel outdated after a major change in your daily life. A move, retirement, a new business, a home purchase or a major financial change may affect what you own and who relies on you. Consider reviewing your plan for practical details, such as:
  • Updating names and contact information
  • Checking whether property details still match your records
  • Removing choices that no longer fit your wishes
These updates may help your documents better reflect your current life. They may also reduce confusion for loved ones who might need to understand your wishes later

Your plan should match your life today

An estate plan usually works best when it reflects your present circumstances. Family changes and personal changes may leave old choices out of step with your current wishes. A careful review from time to time may help keep your plan aligned with the people, property and priorities that matter most to you now.]]> On Behalf of Hanis Irvine Prothero, PLLC <![CDATA[Why your estate plan matters before you ever need it]]> https://www.hiplawfirm.com/?p=50363 2026-05-28T13:25:37Z 2026-05-28T13:25:37Z Who can make decisions if you cannot? Many people assume a spouse or adult child can automatically step in during a medical emergency. In reality, that may not always happen without the right legal documents. A complete estate plan may include tools that help protect decision-making while you are alive, such as:
  • A healthcare directive to explain your medical wishes
  • A financial power of attorney for financial matters
  • A medical power of attorney Washington state families may use to choose someone they trust to make healthcare decisions
These tools may help loved ones act more quickly and avoid confusion during difficult moments.

When families are left without clear direction

For multi-generational families, especially those caring for aging parents or running family businesses, unclear responsibilities may quickly create stress. Even close families may struggle when no one knows what their loved one would have wanted. Without clear guidance, disagreements about care, finances or major decisions may sometimes lead to family tension at a time when support matters most. Thinking ahead through future plans may help create more stability before problems arise.

Why planning earlier often helps

Families disagree over even simple things, from dinner plans to the best route across town. Major medical decisions, financial responsibilities and questions about long-term care are an order of magnitude more challenging because the stakes are so much higher. Acting early may be one way to care for the people closest to you. Planning ahead can help loved ones better understand your wishes instead of trying to reach a difficult consensus during an already emotional time.]]> On Behalf of Hanis Irvine Prothero, PLLC <![CDATA[What happens if your executor cannot serve?]]> https://www.hiplawfirm.com/?p=50361 2026-06-03T06:35:00Z 2026-04-30T15:14:24Z Choosing an executor can feel like a simple part of making a will. Many people name a spouse, adult child, sibling or close friend and move on. But life changes. The person you trusted may move away, become ill, pass away, decline the role or no longer be the best fit when the time comes. In Washington, an executor is often called a personal representative. This person handles probate tasks such as gathering assets, paying debts and distributing property. If your chosen person cannot serve, the court may need to appoint someone else.

Your will can name a backup

The easiest way to reduce uncertainty is to name at least one alternate personal representative in your will. This gives the court clear guidance if your first choice cannot or will not serve. A backup can matter when families are grieving or when relatives disagree. Without one, loved ones may have to decide who should step in. That can create delays or tension, especially if several adult children have different opinions. A strong estate plan should name a first choice and at least one backup. It should also consider whether the person is organized, trustworthy and able to handle paperwork, deadlines and family communication.

Washington law has a priority order

If the named person declines or cannot serve, Washington law sets an order for who may serve as personal representative. State law lists several possible options, including a surviving spouse, beneficiaries and other relatives, depending on the situation. This process can still take time. The court may need petitions, notices and proof that the proposed person can serve. If relatives disagree, the appointment can become more complicated.

Some people cannot serve

Not everyone can act as a personal representative. Washington law says certain people do not qualify, including minors, people of unsound mind and people convicted of a felony or certain crimes involving moral turpitude. Practical issues can also matter. Someone who lives far away, has serious health problems or already has conflict with other beneficiaries may struggle with the role even if the law allows them to serve.

Review your choice before it becomes a problem

An executor choice should not stay frozen in time. If the person you named years ago has died, moved away or no longer feels right, update your will before your family has to deal with the problem. A quick review can help your estate move forward with less confusion and give your loved ones a clearer path when they need it most.]]> On Behalf of Hanis Irvine Prothero, PLLC <![CDATA[Basic requirements for a valid will in Washington state]]> https://www.hiplawfirm.com/?p=50360 2026-04-29T09:56:59Z 2026-04-29T09:56:59Z Testator’s legal competency To make a valid will, you need to be at least 18 years of age. You must also be of sound mind when drafting the document. This means you need to understand what property you own, who will receive it and how your assets will be divided.

Proper documentation

Any valid will in Washington must be in writing to be legally enforceable. While handwritten wills are acceptable by law, they are subject to the same strict witnessing requirements as typed documents. Using a computer to draft your will is often the preferred method, as it ensures your last requests are clear and legible, avoiding the risk of confusion later.

Affixed signatures

As the testator, you need to sign the will yourself to validate it. If you cannot sign it due to disability, the law allows another person to sign it for you while you are present. In addition to your signature, you may want to add the date to establish that the document is the latest version.

Presence of competent witnesses

According to state laws, you need to sign or confirm your signature with two or more individuals as witnesses. You cannot have future heirs or beneficiaries as testifiers in order to protect the validity of your will. The witnesses must watch you sign the will before placing their own signatures. Their endorsement proves you signed willingly and were of sound mind at the time.

Why consider naming an executor

While the absence of an executor does not invalidate your will, your final wishes may not be followed if the court appoints one for you. Naming someone you trust as a personal representative can protect your efforts to draft a valid will. Moreover, your chosen executor will more likely handle your estate, settle your debts and distribute your assets according to your instructions.

Prioritizing certainty and control of your assets

A properly crafted will is not just a statement of your parting instructions; it is also a gift to the ones you leave behind. Seeking legal guidance can help ensure that your will truly reflects and enforces your intentions.  ]]> On Behalf of Hanis Irvine Prothero, PLLC <![CDATA[Can you change or update your will later?]]> https://www.hiplawfirm.com/?p=50357 2026-04-10T13:27:09Z 2026-04-10T13:25:06Z Legal paths to adjust an existing will You can revise a will at any time if you are at least 18 and of sound mind. The law provides you with several ways to make changes, each suited to a different type of revision. Some of your options include:
  • Creating a new will: This option works well when you want to change several parts of the document. A new will usually states that it replaces all earlier versions.
  • Adding a codicil: A codicil lets you amend specific parts of your will without rewriting the whole document. You might use one to change a beneficiary or name a different personal representative.
  • Revoking the will: Washington law permits revocation through a later will or by intentionally destroying the original document.
Each method requires careful compliance with legal standards. Even small errors in execution create disputes about your intent or the validity of the document, so consistent review is essential as your plans evolve.

Keeping your will aligned with life changes

Major life events can affect the choices in your will. Marriage, divorce, family changes or shifts in your finances can all create the need for updates. In Washington, some changes also carry legal effects, such as rules that limit provisions for a former spouse after divorce. With regular review, you can keep your will and overall estate plan accurate and consistent with your goals. Careful updates reduce the risk of confusion later, while professional help can guide each change and help you follow the required legal steps.]]> On Behalf of Hanis Irvine Prothero, PLLC <![CDATA[What are the benefits of a revocable living trust?]]> https://www.hiplawfirm.com/?p=50354 2026-03-31T08:05:41Z 2026-03-31T07:46:17Z It can bypass probate One of the biggest advantages of a revocable living trust (RLT) is that the assets you place in it can avoid probate when you pass away. Since you have amended the titles of your assets into your trust’s name, these assets will no longer be a part of your estate. Four common types of property that can be placed in an RLT include:
  • Real estate
  • Life insurance policies
  • Business interests
  • Financial accounts
Upon your death, your “successor trustee” will manage your trust and transfer your assets to your heirs according to the specific terms of your document.

It can help you prepare for potential incapacity

When you establish your RLT, you will designate a successor trustee who can take over your trust management if you become incapacitated in the future. This benefit can provide you with a pre-established system for overseeing your trust's financial matters without your family filing a court action for your conservatorship.

It offers flexibility and control

Unlike an irrevocable living trust that cannot be amended upon establishment, your RLT can be modified or revoked at any time during your lifetime. As long as you are of sound mind, you can update your trust to adjust your asset distribution, name a different successor trustee or add new beneficiaries.

By broadening your options, you can efficiently enhance your estate plan

When you take your time to learn about the benefits of an RLT, you can assess your choices more effectively. This measure can help you produce a strategy that perfectly aligns with your needs, lifestyle and goals for the future.]]>