Legal Think Pieces

Contesting a Will in Washington State

Posted by Michael D. Whipple | May 22, 2025 | 0 Comments

Contesting a Will in Washington State is legally possible, but only under specific circumstances and within a strict four-month deadline from the time the Will is admitted to probate (RCW 11.24.010). To initiate a Will contest, you must be an “interested party”—such as a disinherited heir, a beneficiary from a prior Will, or a creditor. Valid reasons for challenging a Will include lack of testamentary capacity, undue influence, improper execution, or the existence of a newer Will.

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Estate Planning in Your Financial Prime

Posted by Michael D. Whipple | May 02, 2025 | 0 Comments

Discover the essential steps to estate planning during your peak earning years. This comprehensive guide explains how to protect your assets, reduce taxes, and secure your financial legacy for future generations. From creating wills and trusts to business succession planning and managing health care directives, learn actionable strategies tailored for professionals and families looking to safeguard their wealth and ensure peace of mind.

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Small Business Guide to the Corporate Transparency Act – 2025 Update

Posted by Michael D. Whipple | Mar 07, 2025 | 0 Comments

The Corporate Transparency Act (CTA) is facing significant changes following a 2025 announcement by the U.S. Treasury Department to pause enforcement of its beneficial ownership reporting requirements. This decision provides relief for small businesses, as the Treasury plans to limit the CTA’s scope to foreign reporting companies only. Small business owners are encouraged to stay updated as the regulatory landscape continues to evolve. Learn how these updates affect your business in our latest guide.

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The Uniform Transfers to Minors Act (UTMA) in Washington State

Posted by Michael D. Whipple | Feb 06, 2025 | 3 Comments

The UTMA allows a custodian to manage assets on behalf of a minor until they turn 18, with the custodian holding significant control over investment and use of the assets. However, there are risks, such as the minor gaining full control at 18 and the impact on financial aid. A Trust, on the other hand, offers greater flexibility and protection, such as extended control over distributions, protection from creditors, and tax advantages. Trusts also allow for continuity of management in the event of a trustee’s death. While UTMA accounts are simpler, a Trust is often a more effective solution for long-term asset management for minors.

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Understanding Custodial Power of Attorney: A Guide for Families

Posted by Michael D. Whipple | Feb 04, 2025 | 0 Comments

By delegating parental rights on a temporary and revocable basis, parents can ensure their children’s welfare, healthcare, and education remain a priority, even in their absence. For families navigating complex situations, such as military deployment or immigration issues, this legal tool can provide reassurance and stability. If you are considering a Custodial Power of Attorney, consult with a qualified attorney to ensure your document meets your needs and complies with state laws.

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Avoiding Accidental Disinheritance

Posted by Michael D. Whipple | Jan 15, 2025 | 0 Comments

Discover how to avoid the costly and emotional pitfalls of accidental disinheritance. Learn common causes, from outdated wills to changes in family dynamics, and actionable strategies to protect your heirs and legacy. Stay in control of your estate plan—read more now!

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5 Common Online Estate Planning Mistakes to Avoid

Posted by Michael D. Whipple | Dec 14, 2024 | 0 Comments

Estate planning requires careful thought and ongoing maintenance. By avoiding common mistakes—such as neglecting legal nuances, failing to update documents, overlooking digital assets, ignoring incapacity planning, and relying solely on online tools—you can ensure your plan protects your legacy and loved ones. Seeking professional advice is highly recommended to create a comprehensive, state-compliant estate plan.

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Give Treats, Not Tricks, With Estate Planning

Posted by Michael D. Whipple | Oct 17, 2024 | 0 Comments

Ensure your estate plan doesn't turn into a spooky surprise this Halloween! Our latest blog explores why creating or updating your estate plan is critical for protecting your loved ones. Learn how to avoid common pitfalls like outdated documents, family disputes, and probate delays. We provide key insights into wills, trusts, powers of attorney, and more to help you secure your assets and wishes. Halloween is a perfect time to plan for the unpredictable—don’t let your legacy haunt your family. Get the peace of mind you deserve today!

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Advanced Care Directives, DNRs, and POLST: Which Document is for Me?

Posted by Michael D. Whipple | Oct 05, 2024 | 0 Comments

Figuring out if you want a DNR, POLST, or need an Advanced Care Directive (also known as a Health Care Directive or Living Will) as part of your estate plan can be confusing. There are always the “what ifs” to contend with. At The Whipple Law Group, our estate planning attorneys can walk you through all the scenarios and help you determine what is important to you.

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Durable and Non-Durable Powers of Attorney in Washington

Posted by Michael D. Whipple | Sep 28, 2024 | 0 Comments

A Powers of Attorney (POA) is an estate planning tool in Washington, where you appoint a person, known as the agent or attorney-in-fact, to manage your affairs. An agent is commonly appointed to handle financial or medical matters, when you are unable to do so yourself, due to illness or injury. However, it can also be used by individuals in full health who wish to delegate authority to another person, for added convenience or assistance in managing their affairs.

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Which Trust is Right for For You?

Posted by Michael D. Whipple | Aug 30, 2024 | 0 Comments

Navigating estate planning can be complex, but understanding the right trust options, with the assistance of this guide, simplifies the world of Washington trusts. Here, we provide clear insights into various types like the Revocable Living Trust, Testamentary Trust, Supplemental Needs Trust (Special Needs Trust), Spendthrift Trust, Charitable Trust, Credit Shelter Trust, Pet Trust, QTIP Trust, and GRAT. We explain what a trust is, why it's vital for asset protection and avoiding probate, and how each type serves unique needs, including its relationship with a Pour Over Will. For residents in Spokane, Washington, this article helps demystify estate planning and highlights how a dedicated Trust Attorney Spokane can provide experienced guidance for securing your legacy and ensuring your assets are managed according to your wishes. Discover the benefits and considerations of each trust to make an informed decision for your future.

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Estate Planning for the Unmarried

Posted by Michael D. Whipple | Jul 29, 2024 | 0 Comments

Estate planning is often associated with married couples or wealthy individuals. However, it's equally, if not more useful, for unmarried individuals. Without a proper estate plan, state laws may dictate how your assets are distributed. This may not align with what you have in mind for your perso...

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Choosing the Right Estate Planning Attorney

Posted by Michael D. Whipple | Jul 25, 2024 | 0 Comments

How Do You Choose an Estate Planning Attorney? You have been told about the significance of estate planning to secure your assets for the future. You have been informed that estate planning is one of the most loving things you can do for your loved ones. Now, how do you go about choosing the righ...

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Preventing Guardianship Abuse

Posted by Michael D. Whipple | Jun 14, 2024 | 0 Comments

Guardianship is a big step to take in caring for the medical, or financial care of someone else. Ensure the vulnerable adult or child is being protected and treated respectfully under their existing guardianship. Guardianship is a legal tool designed to protect vulnerable adults. It assigns and entrusts a guardian with the responsibility to care for an individual who cannot care for themselves.

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The Importance of Updating Your Estate Plans

Posted by Michael D. Whipple | Jun 12, 2024 | 0 Comments

Updating Your Estate Plans Estate planning is a crucial task that many of us tend to overlook. Yet, it's an essential part of ensuring our family legacy and protecting our assets. An estate plan is not a one-time document. It's a living, evolving plan that should reflect our current circumstances...

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Strategies for Success in Business Estate Planning

Posted by Michael D. Whipple | Jun 11, 2024 | 0 Comments

Business estate planning is a critical yet often overlooked aspect of entrepreneurship. It ensures the smooth transition of ownership, protects business assets, and secures the long-term legacy of your enterprise. This guide from The Whipple Law Group outlines key strategies for creating a comprehensive estate plan tailored to business owners. Topics include setting clear planning goals, choosing a capable successor, leveraging legal tools like wills, trusts, and buy-sell agreements, and addressing tax implications and asset protection. The article also emphasizes the importance of business valuations, contingency planning with insurance, and designating powers of attorney. Regular reviews and clear communication with stakeholders are essential to keep the plan effective. By proactively planning with qualified legal professionals, business owners can safeguard their operations and family’s financial future.

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Small Businesses Guide to the Corporate Transparency Act

Posted by Michael D. Whipple | May 31, 2024 | 0 Comments

The Corporate Transparency Act (CTA) requires most U.S. corporations, LLCs, and similar entities to report beneficial ownership information (BOI) to the Financial Crimes Enforcement Network (FinCEN) to combat financial crimes. This article outlines who must comply, what exemptions apply, and the specific information required for both businesses and their beneficial owners. It details initial and ongoing filing deadlines, explains the consequences of non-compliance—including steep financial penalties and possible imprisonment—and provides a step-by-step compliance guide. Business owners are encouraged to review their structures, gather necessary data, and keep records up to date. The article also highlights the importance of regular reviews, internal policies, and staff training, recommending professional legal support to ensure full compliance. The Whipple Law Group is available to help businesses navigate these new requirements.

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2025 Washington Estate Tax – How Will Taxes Effect My Estate?

Posted by Michael D. Whipple | Apr 12, 2024 | 1 Comment

If you reside in Washington, understanding the estate tax is crucial for safeguarding your assets and ensuring your loved ones aren’t burdened with unnecessary taxes. Proper estate planning can help minimize or avoid estate taxes through strategic gifting, irrevocable trusts, life insurance policies, and leveraging the marital deduction. With the federal estate tax exemption set to drop significantly in 2026, now is the time to review your estate plan. Consulting an experienced Spokane estate planning attorney ensures your estate strategy aligns with current tax laws, helping you preserve wealth and protect your legacy.

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Steps to Take When Opening Probate in Washington

Posted by Michael D. Whipple | Apr 11, 2024 | 0 Comments

Opening probate is the first step in settling a deceased loved one’s estate, and the process can feel overwhelming—especially for first-time personal representatives. This article explains the probate process in Washington State, including the difference between testate (with a valid will) and intestate (without a will) estates. It outlines how to petition the court for appointment as a personal representative, the required documents, and the role of non-intervention powers in simplifying estate administration. Key responsibilities include identifying assets, paying debts and taxes, and distributing property to heirs or beneficiaries. The article also highlights the costs associated with probate and the possibility of compensation for the personal representative. For guidance through this complex legal process, the article recommends consulting an experienced Spokane probate attorney to ensure a smooth and lawful administration.

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What are RCWs and WACs? – Understanding Washington Law

Posted by Michael D. Whipple | Apr 10, 2024 | 0 Comments

Washington State’s legal system is governed by the Revised Code of Washington (RCW), which consists of statutes enacted by the legislature and signed into law, and the Washington Administrative Code (WAC), which regulates state agencies. RCWs are categorized by Title, Chapter, and Section, covering areas like estate planning (Title 11) and criminal law (Title 9A), while WACs guide agency decision-making and enforcement. Since laws and regulations evolve, staying informed is essential, but legal matters can be complex. At The Whipple Law Group, we help clients navigate the legal system with clarity and confidence.

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The Estate Inventory Challenge – How to Decide Who Gets What

Posted by Michael D. Whipple | Apr 09, 2024 | 0 Comments

Distributing personal belongings after a loved one’s death can be emotionally and logistically challenging. This article explores practical and creative strategies for estate inventory and equitable asset distribution. Traditional solutions include lifetime gifting, selling items, and providing instructions through wills or trusts. Families may also use methods like turn-taking, auctions with point systems, or financial compensation to ensure fairness. The key to success lies in open communication, planning, and a customized approach that honors both sentimental value and family harmony. The Whipple Law Group offers guidance to help families navigate this process with clarity and compassion.

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A Further Look into Prescriptive Easements

Posted by Michael D. Whipple | Mar 12, 2024 | 1 Comment

Prescriptive easements allow individuals to gain legal rights to use another person’s property without permission if specific conditions are met over a 10-year period. To establish such an easement in Washington, a claimant must prove the use was open, notorious, continuous, on a consistent route, adverse to the property owner's interests, and known to the owner during a time when they could have taken legal action. These rights can carry over with property ownership and “run with the land.” Property owners should take proactive steps to protect their land use rights and avoid unintended easement claims. The Whipple Law Group offers guidance to help clarify and safeguard these complex land use issues.

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