Everett Legal Issues Blog

Did you recently lose a loved one? Has the probate process come to a standstill due to disputes about how his or her estate should be distributed? Are you worried that this means drawn-out court proceedings will be in your future? In the state of Washington, it may be possible to avoid litigation entirely by requesting the disputes be resolved through the mediation process.

The Trust and Estate Dispute Resolution Act, which has been in effect for just over 19 years now, allows you to skip litigation when you have a probate dispute that needs to be resolved. TEDRA can be used to tackle a wide range of disputes, such as questions regarding will validity or existence, claims of undue influence, third-party claims and concerns regarding beneficiary designations -- among various others. If you wish to utilize TEDRA, you have to file an official petition in court, then the real work can begin.

In the state of Washington when a couple with children divorces, a custody plan has to be created. Shared custody is the arrangement of choice, though, there are cases where sole custody with or without noncustodial parent visitation rights is appropriate. When shared custody or visitation is on the table, it is necessary to come up with a parenting plan for how the family schedule will work. In doing so, remember that the specifics matter.

If shared custody or visitation is in your future, you may feel satisfied with a parenting plan that just states who gets the kids which days of the week or for how long on visitation days. You may think you can work the rest out later. There may be a select few former couples who can make this type of arrangement work. Most, though, will run into problems if they fail to be very specific in how certain issues will be handled.

Estate planning is not necessarily easy. There are a lot of estate planning products out there, some of which may prove useful to one's situation and others that will not. Many Washington residents have heard about trusts, but many are confused about whether they need one. The truth is, not everyone needs to set up a trust, but for those with children, young or old, it is a great way to ensure their kids get the assets intended for them.

When a person has minor children living at home, there is a need to make sure, in the event of one's death or incapacitation, that those children will be properly cared for. In a will, it is possible to name a guardian to take care of the kids, it is also possible to designate beneficiaries and provide instructions about how assets are to be used to raise the children and then passed on to them when they reach adulthood. The problem with leaving all of this information in just a will is that all assets then become fair game if creditors make claims or legal claims are filed against one's estate. There may also be very little care paid to how the guardians use the funds meant for the kids in their care.

Washington parents understand how important it is to help their children navigate the transitions and difficult emotions that arise when parents decide to end their marriage. The youngest members of the family often have the most difficult time with a divorce, but there are things you can do to make this an easier process for them. One way you can do this is by crafting a reasonable, sustainable parenting plan.

A parenting plan includes all of the details regarding how you and your spouse will raise the children after divorce. By crafting your plan through discussions, mutual cooperation and negotiations, you can avoid allowing a court to make these important decisions on your behalf. You can customize your plan to suit your individual needs and your goals for your post-divorce life.