Frequently Asked Questions About Estate Planning in Washington State

Do I need a Will if I have no children?

If you don't have a will, your state's intestacy laws will decide who gets your stuff when you die. Sounds easy, right? Well, not so fast. If you don't have kids, your property will usually go to your closest relatives. But if the state can't find any family members who qualify under their rules, guess what? The state gets it all. Yep, your hard-earned stuff could end up in government hands. That's why even if you're child-free or feel like you “don't own much,” a will is still a smart move. It keeps the decision-making in your hands.

And here's the cool part—your will doesn't have to be all about family. You can use it to take care of what (or who) truly matters to you. Want to make sure your partner, best friend, or parents are financially secure? Done. Want to leave some cash for your dog's gourmet kibble supply? Totally doable. Or maybe you've got a favorite charity or community program you'd love to support. A will lets you make those choices, so your legacy reflects your values.

Does my will automatically change if I divorce?

No, it stays the same unless you make the changes. It doesn't matter if your divorce was “super chill” or a total disaster, it's imperative to update your estate plan afterward. Why? Because you want your current wishes to be honored. This means making sure your stuff goes to the people you care about now and putting your medical decisions in the hands of someone you trust today. Keeping your will up to date ensures you're in control, not stuck with outdated choices from a past chapter of your life.

Does my will automatically change if I have a child?

It depends on the language in the will. If your will specifies an action that will happen to unnamed offspring (for example: “All of my property equally to my children”), the interpretation would be different than if you made a specific bequest to a named child or children. You should always revisit your will after having a child.

What is the difference between a will and a living will?

A will – also called a last will and testament – comes into effect when its creator dies and directs the executor on how to transfer the property in the estate. A living will, on the other hand, comes into effect when its creator is alive but incapacitated – it tells others what the creator's preferences and medical decisions are regarding their healthcare.

What is a trust?

Trust Graphic

Let's talk about trusts—they're one of the most flexible tools in Washington estate planning. A trust is a legal arrangement where you (the grantor) set aside assets to be managed by a trustee (your chosen money manager) for the benefit of a beneficiary—which could be a person, a pet, or even a charity.

So why set up a trust in Washington? A trust allows you to control exactly how and when your assets are distributed, often avoiding probate entirely. And no, trusts aren't just for the wealthy—they're used every day to help reduce taxes, provide for loved ones with special needs, set up pet care, or support causes you care about. Think of a trust as the Swiss Army knife of estate planning tools: powerful, versatile, and tailored to your needs.

What is the purpose of a trust in Spokane?

A trust sets aside some assets for a trustee to manage for the sake of a beneficiary. The assets set aside in the trust do not go through probate, simplifying and expediting its transfer out of the estate. The trustee must follow the instructions set out by the trust.

Can I have both a will and a trust in Spokane?

Absolutely! Some trusts, called testamentary trusts, are specifically created through your will and only kick in after you pass away. Other types of trusts, however, can be set up while you're alive to manage certain assets outside of your will. So, having both gives you a ton of flexibility to handle your estate exactly the way you want, both now and in the future.

Are trusts only for rich people in Washington with lots of assets?

No, trusts can be created by anyone who wants to set aside money for someone but who does not want to give them the money in a lump sum. They are especially common when the beneficiary is underage or is unable to manage their own affairs.

What happens to jointly owned property when one spouse dies?

Joint Tenancy

When spouses jointly own property and one of them passes away, that property automatically goes to the surviving spouse. No extra paperwork, no probate hassle—it's just a built-in process. For example, if both spouses own the family home together, the surviving spouse would automatically become the sole owner. Pretty straightforward, right? It's one less thing to worry about during an already tough time.

What is a guardian?

A guardian is someone you choose to look after another person's well-being. Often, parents name a legal guardian for their minor children in their will, but it's also common to appoint one for adult children with special needs. A legal guardian has the authority to make decisions for the person they're caring for, much like a parent would. So, it's an important role that ensures your loved ones are taken care of, even if you're not around to handle things yourself.

How can I designate a guardian for my children?

Naming a legal guardian for your underage children is a common provision in a will. You also are able to appoint a conservator for adult children who may be unable to make certain decisions.

If you do not appoint a legal guardian via a will, the court will appoint one upon your death. For this reason, it is important even if it seems like common sense to make sure you designate a guardian in your will. 

How can we make sure our special needs child is cared for after we die? 

A common approach is to appoint a guardian and set up a trust fund in their name. These special needs trusts are designed specifically for this purpose, ensuring that funds are managed properly and the child's ongoing needs are met, even after you're no longer around to make decisions. It's a thoughtful way to provide long-term security and peace of mind. These trusts can help ensure your child maintains eligibility for assistance programs like Medicaid.

How can I make sure my pet is cared for after I die?

One common way is to include instructions in your will about who should look after your furry friend. You can also set up a testamentary trust specifically for your pet's benefit, which ensures that funds are available to cover their care. This trust designates a caretaker and provides the financial support needed, so you can rest easy knowing your pet is in good hands.

How much will an Estate Planning attorney in Spokane cost?

The cost for an estate planning attorney is dependent on multiple factors; 

1. First, what do you want in your estate plan? How much in the way of assets do you have? The more complicated your estate plan, the more costs you will expend.
2. Second, how does the attorney charge? Is it by flat fee, which is most common among estate planning attorneys, or by hourly rate? In the former, fewer services may be included in the fixed rate, but in the latter, hours can add up quickly. You want to be sure exactly what you are getting (and not) for the price you are paying. You may pay a couple hundred dollars, or you could pay a couple thousand dollars.

When do I need a power of attorney in Washington?

A power of attorney is essential for people who are unable to make important medical or financial decisions on their own, usually because they are incapacitated or suffering from a medical condition. There are five types of powers of attorney, each with their own purpose:

1. Durable power of attorney
2. Medical power of attorney
3. General power of attorney
4. Limited (special) power of attorney
5. Springing power of attorney