Probate and Wills/Estate Planning

Estate Planning (click on a sub category to read more)

            -Wills

            -Probate

            -Guardianship

Wills

If you do not have a will or other valid testamentary device, upon death, your estate is distributed “intestate” and pursuant to the Revised Code of Washington (RCW) 11.04.015.  You will not have control over who inherits your estate because the statute names your beneficiaries for you. Therefore, to avoid the statutory method of distribution and to effectuate your intent regarding who should inherit your estate, a will is a good and relatively inexpensive method for effectuating that intent.

Probate

In the event that a loved one has passed away, Scott Kalkwarf can assist you with the probate of the estate with or without a Will or Trust.  If you have been named executor or executrix of a will, or are the administrator of an estate of someone who died without a will, contact Scott Kalkwarf. There is no need to be overwhelmed. Just come in and he will take the time to explain everything and walk you step by step through the estate administration process and your duties.  Washington State law requires that any person having custody or control of any will shall, within thirty days after he receives knowledge of the testator’s death, deliver that will to the court having jurisdiction or to the person named in the will as executor or executrix and that person must then deliver the court having jurisdiction within forty days after receiving knowledge of the testator’s death. RCW 11.20.010.

Guardianship

If an adult or vulnerable child in your family requires legal intervention because of incapacity, Scott Kalkwarf, Attorney at Law can capably handle legal guardianship proceedings.

A guardianship may be required for:

1. A child named the beneficiary of a litigation settlement

2. Adults who can no longer take care of themselves and do not have a power of attorney

3. Minor children who have lost a parent

4. Minor children who have an inheritance outside of a testamentary trust

The need for a guardianship can sometimes be avoided through a Durable Power of Attorney. This document is recommended whenever estate planning is discussed at the law office of Scott Kalkwarf.  It is an inexpensive alternative to a guardianship but must be executed while the person is still competent.