Hanis Irvine Prothero, PLLC

Can creditors touch assets stored in an irrevocable trust?

2026-09-30T15:18:09Z

Making a trust irrevocable does not, by itself, protect assets from creditors in Washington. Who creates the trust and who benefits from it can make a big difference. If you put your own assets into a trust for your own benefit, your creditors may still reach those assets. If someone else creates an irrevocable trust for you with a valid spendthrift provision, your creditors generally cannot reach the trust assets before they are paid to you, with some exceptions. For Kent residents, this difference can matter when planning how to pass assets to family members or protect an inheritance.

When an irrevocable trust may protect assets

A spendthrift provision can limit a beneficiary’s ability to give away their interest in the trust. It can also keep many creditors from reaching trust assets before the trustee pays them to the beneficiary. Several rules can affect this protection:

Self-settled trusts: Under RCW 19.36.020, putting your own assets in a trust for your own use is not valid against your existing or future creditors. Washington law does not let a person use this type of trust to keep assets away from their creditors.
Settlor-beneficiary rights: If you create a trust and also benefit from it, creditors can generally reach the largest amount the trustee could pay to or for you. A spendthrift clause does not give you full protection from your own creditors.
Fraudulent transfers: Washington’s Uniform Voidable Transactions Act, found in chapter 19.40 RCW, can allow creditors to challenge certain transfers. This may apply when someone moves assets with the intent to keep them from creditors or does not receive fair value in return.
Beneficiary distributions: Once money or property becomes due to a beneficiary, a creditor may have a better chance of reaching that payment.

These rules show why simply placing assets in an irrevocable trust does not guarantee protection.

Whose creditor is making the claim?

The type of creditor matters. A settlor’s creditor may challenge a trust created for the settlor’s own benefit. A beneficiary’s creditor generally faces more limits when a valid spendthrift provision protects the beneficiary’s interest. However, exceptions and rights to trust payments can affect what the creditor can reach. A trustee’s personal creditor generally cannot take trust property just because the trustee manages it. The creditor may, however, be able to reach fees or other payments that belong to the trustee personally. Washington law also covers certain claims against trust property for debts linked to the trustee’s work in managing the trust. Legal assistance can help you review the trust terms and the type of creditor claim to see which protections may apply.

The trust structure matters

An irrevocable trust may protect assets in some cases, but being irrevocable does not guarantee that result. The person who creates the trust, the people who benefit from it, the trust’s spendthrift terms and when assets move into the trust can all affect whether a creditor can reach them.

How to use a separate property memorandum with your will

2026-09-29T06:24:58Z

A separate property memorandum lets you direct who should receive certain personal items without changing your entire will. In Washington, this tool can help you manage gifts of sentimental property while keeping the main estate plan in place.

This document works best for personal items, not major assets

A memorandum of this type applies to tangible personal property, which may include jewelry, furniture, artwork, collections, tools and similar items. It does not transfer real estate, cash or financial accounts. Common items may include:

Antiques or sentimental keepsakes
Jewelry
Personal collections
Furniture and household items
Tools or sporting equipment

The more clearly you describe the item, the easier it becomes for your personal representative to identify it and deliver it to the right person.

Why does the will need to mention the memorandum?

This kind of list does not stand on its own. Washington law allows it only if your will refers to it. That connection is what gives the memorandum legal effect. Reviewing how the memorandum fits within a Washington will can help you make sure both documents work together instead of creating confusion.

Updating the list is usually easier than changing the will

One benefit of this tool is flexibility. You can usually update the list without changing the will itself, as long as you sign and date each new version so it is clear which one is current. Looking at a personal property memorandum may help you see how to organize the list and describe items clearly. The clearer your list is, the less likely your family will argue over what you meant later.

Clear instructions now can reduce confusion later

A separate property memorandum works best when you keep it current and make sure your will properly refers to it. This tool gives you a practical way to update gifts of personal property without revisiting the whole will each time something changes. For many Washington families, that makes it easier to handle sentimental items in a clear and orderly way. An estate planning attorney can review the memorandum and the will together to make sure both documents work as intended.

Who manages your finances if you become incapacitated?

2026-09-09T11:06:50Z

A serious illness or sudden injury can leave you unable to manage your own finances. Bills still need to be paid, bank accounts still need attention and property expenses do not stop. Without a plan, your family may face delays or court involvement while trying to handle these responsibilities. For Kent residents, planning ahead can provide a clearer path for managing financial matters during a period of incapacity. A power of attorney (POA) is one estate planning tool that may help address this concern.

A POA can name someone to help

A financial power of attorney can give a trusted person authority to take care of certain financial matters when you are unable to handle them on your own. The powers given to that person depend on the document and may include:

Paying household bills and other expenses
Managing bank and investment accounts
Handling real estate transactions
Filing or managing tax matters
Collecting income or other payments

The person you name is generally called an agent. Choosing someone reliable matters because that person may gain significant authority over your finances. In Washington, the terms of the POA can affect when the agent's authority begins and what the agent can do. Creating the document while you have the legal capacity to do so may help avoid uncertainty later.

What happens without a plan?

Without a financial POA, a spouse or adult child may not automatically have authority to manage every financial matter on your behalf. A family member might need to seek court authority before handling certain responsibilities. For example, if you become unable to manage your finances after a serious accident, your family may still need to pay your mortgage, manage your bank accounts or address property expenses. Having a properly prepared plan may make these responsibilities easier to handle. Legal assistance can help you understand how Washington's rules apply to your circumstances and how different estate planning documents may work together.

Planning before a crisis

Incapacity can happen without warning. Planning ahead can give you more control over who handles your financial affairs and how that person may act if you cannot make decisions yourself.

What happens when a living trust is not fully funded?

2026-09-03T14:58:05Z

Creating a living trust can be an important part of an estate plan, but signing the document is not always the final step. If assets are not properly coordinated with the trust, the trust may not control or receive those assets as intended after your death. That can leave your family dealing with probate for property you expected the trust to handle.

What does it mean to fund a trust?

Funding a trust generally involves moving ownership of certain assets into the trust. Simply creating and signing a trust document does not automatically place every asset you own under the trust's control or make the trust the beneficiary of every account or policy. For example, if a Washington home remains titled solely in your name, the trust may not avoid probate for that property merely because the trust document refers to the home. Similar issues can arise with certain financial accounts and other assets.

Which assets need attention?

Not every asset is handled the same way, so reviewing how property is titled is important. Depending on your estate plan, this may include:

Real estate
Bank and investment accounts
Business interests
Other property that you specifically intend the trust to control

Some assets, such as retirement accounts and life insurance policies, generally use beneficiary designations rather than being retitled in the same way as other property. Depending on the estate plan, a trust may be named as the beneficiary. Those designations should be reviewed as part of the overall plan.

What happens if an asset is left out?

An asset that remains outside the trust may pass under another part of your estate plan or, depending on how it is titled and whether another transfer mechanism applies, through probate. A pour-over will can provide a backup for certain assets. Still, it does not necessarily provide the same probate-avoidance benefit as properly transferring the asset to the trust during your lifetime. A review of the trust and the assets it is intended to control can be just an important part of maintaining the estate plan.

When should you review your trust?

Major changes such as buying or selling real estate, opening new accounts, starting a business or changing your family circumstances can affect whether your estate plan still works as intended. A periodic review can help identify assets that were never transferred to the trust or accounts whose beneficiary designations no longer match your wishes.

What is a testamentary trust in Washington?

2026-08-24T16:47:41Z

A will can do more than name who receives your property. It can also create a trust that controls how and when a beneficiary receives assets. This arrangement, called a testamentary trust, can help someone provide an inheritance while keeping assets under management for a period of time.

How a testamentary trust works

A testamentary trust begins with a person’s will and takes effect after that person dies. The will describes the trust terms, names the trustee and explains how the trustee should manage or distribute the assets. Washington law allows a will to create a trust that takes effect at death. The will generally goes through probate before the testamentary trust can operate. Once the trust takes effect, the trustee manages the property according to its terms. The trustee may make distributions to beneficiaries based on conditions or timing stated in the will. This structure can provide continued management of an inheritance. Next, it helps to understand why someone might choose this arrangement.

When a testamentary trust may help

A testamentary trust may make sense when a person wants more control over an inheritance. Common reasons include:

Providing assets to a child over time rather than all at once
Allowing a trustee to manage property for a beneficiary who cannot manage it independently
Setting conditions for when or how distributions occur
Keeping an inheritance under trust management instead of giving it directly to a beneficiary
Providing continued management of certain assets after death

The trust terms determine what the trustee can do and when beneficiaries receive property. Clear terms help the trustee understand and follow the creator’s wishes. Next, Washington law adds another layer to consider.

How Washington law applies

Washington law can govern a testamentary trust connected to a Washington probate proceeding. The location of the probate proceeding, trustee and trust property can also affect where trust matters receive attention. Understanding these details can help when deciding whether a testamentary trust fits an estate plan. A testamentary trust can give a person more control over an inheritance after death. Its terms should match the person’s goals and clearly explain how the trustee should manage and distribute the assets.

What happens if you die without an estate plan?

2026-08-09T18:47:48Z

Many people delay estate planning because they believe it is only necessary later in life. However, failing to create an estate plan can leave important decisions about your property, finances and family in the hands of Washington state laws.

When someone dies without a will or other estate planning documents, they are considered to have died intestate. This means the state determines how assets are distributed.

How Washington handles intestate estates

Without an estate plan, Washington’s intestacy laws decide who inherits your property. The distribution depends on your family situation and the assets you leave behind.

For example, your assets may pass to:

Your spouse or domestic partner
Your children
Your parents
Your siblings or other relatives

The outcome may not match what you would have chosen. For example, unmarried partners, close friends or charities generally do not inherit under intestacy laws unless you include them in an estate plan.

What happens to your property?

When there is no estate plan, your estate may need to go through probate. During probate, the court oversees the process of identifying assets, paying debts and distributing remaining property.

This process can involve:

Appointing a personal representative
Notifying creditors
Valuing estate assets
Resolving disputes among heirs

Probate is not always complicated, but the process may take time and create additional stress for your loved ones.

What about minor children?

Estate planning becomes especially important if you have children. Without proper documents, a court may need to decide who will care for your children if both parents are unavailable.

A will allows you to nominate a guardian who can provide care according to your wishes. Without that guidance, the court must determine what arrangement serves the child's best interests.

Why creating an estate plan matters

An estate plan gives you control over decisions that would otherwise be determined by state law. It can help you:

Choose who receives your assets
Protect loved ones
Plan for incapacity
Reduce uncertainty for your family
Express your personal wishes

Estate planning is not only about distributing wealth. It is about creating a clear plan for the people and causes that matter most to you.

Protect your family's future

Dying without an estate plan can create unnecessary challenges for your loved ones. Whether you need a simple will or a more comprehensive plan involving trusts and other documents, an experienced Washington estate planning attorney can help you understand your options and create a plan that reflects your goals.

Traits to look for in a personal representative in Washington

2026-07-15T14:15:57Z

Choosing a personal representative is one of the most important parts of estate planning. This person will manage your affairs after you pass away. They will distribute assets, pay debts and carry out your wishes. Choosing the right person can help your family move through probate with fewer delays.

Strong organizational skills

A personal representative handles many tasks during probate. They must locate and inventory assets, notify creditors and beneficiaries, file court documents and keep accurate records. The person you choose does not need to be a financial expert. However, they should feel comfortable working with numbers, tracking deadlines and keeping organized records. Missing deadlines or losing track of assets can delay probate and create legal problems.

Trustworthiness and fairness

Your representative will have access to your financial accounts, personal property and private information. Choose someone you trust to act in the best interests of your beneficiaries. Think about whether the person manages money responsibly. That often shows they will handle your affairs with care. They also should stay calm during disagreements and make fair decisions if conflicts arise among family members.

Meeting Washington's legal requirements

Washington law sets basic rules for who can serve as a personal representative. The person must be at least 18 years old and of sound mind. If you name someone who lives outside Washington, that person generally must appoint a Washington resident to accept legal papers on their behalf. Under Washington law, people convicted of a felony or a misdemeanor involving moral turpitude cannot serve as a personal representative. If you have questions about someone's eligibility, consider speaking with an estate planning attorney. If you choose a bank or trust company, make sure it has authority to do business in Washington.

Time and willingness to serve

Serving as a personal representative takes time. Probate often lasts several months and sometimes longer, depending on how complex your affairs are. Choose someone who has enough time and energy to handle the role well. Before naming someone, talk with them about your wishes and ask whether they are willing to serve. Some people feel honored but do not realize how much work the role requires. Make sure they understand the duties before you name them.

Appointing the right person can protect your loved ones

Choosing the right representative means looking at both legal qualifications and personal qualities. Take time to compare your options, discuss the role with the person you select and review your estate plan regularly. Appointing someone you trust can help reduce stress for your loved ones, support a smoother probate process and give them confidence that your wishes will be carried out as intended.

No children? Estate planning beyond inheritance

2026-07-14T15:49:27Z

If you do not have children, you may assume estate planning has little to offer you. But while you may not need to name a guardian or manage a child's inheritance, you still face important decisions about your future and property. An estate plan can document your wishes, especially when there is no obvious person to take on those responsibilities.

When Washington law decides who inherits

If you die without a will, Washington law determines who inherits your estate based on legal family relationships. Your property may pass to a spouse or registered domestic partner, parents, siblings or other relatives. An unmarried partner or trusted friend may receive nothing unless your estate plan specifically provides for them.

Choosing who can act on your behalf

Estate planning extends beyond what happens after your death and can address incapacity during your lifetime. Without adult children, there may be no obvious person to make decisions for you. Financial and health care documents can grant this responsibility to individuals you designate.

Making room for the people and causes you value

Your priorities may extend beyond leaving an inheritance. Estate planning documents can address wishes such as:

Providing for an unmarried partner or close friend
Funding care for a pet
Passing sentimental property to chosen recipients
Leaving assets to a charity or cause

These provisions can help direct your assets toward the people, causes and responsibilities you value.

Put your choices at the center of your plan

Without children, traditional assumptions about inheritance and decision-making may not fit your circumstances. Identifying who you trust to make decisions and who should receive your property can help define your estate planning priorities. These choices can form the basis of a plan that reflects the life and relationships you have built.

Why do new parents need a will in Washington?

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.

5 estate planning tips for newlyweds in Washington

2026-06-18T13:57:49Z

Estate planning is rarely the top priority for a newly married couple. However, since Washington is a community property state, making early estate planning decisions is a smart way to protect your spouse and ensure your combined assets are handled according to your wishes.

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.