Probate, Estate & Trust Administration
Probate and estate administration are the processes through which estate assets are transferred after death. When probate avoidance planning has not been implemented prior to death, the state will require a probate court proceeding if the deceased was a resident or owned assets in the state. Probate can be supervised or unsupervised. In an unsupervised probate, the appointed estate administrator manages assets, pays any debts, files required tax returns and various court documents, and distributes the estate assets. However, the court may at any time require the process be supervised (usually when someone expresses concern about the estate administration). In a supervised probate, the probate judge must approve every detail of the estate administration.
Avoid Probate & Avoid Unnecessary Costs!
Because probate can be a lengthy, costly and public process, many people choose to avoid it. There are a number of legal strategies that will allow you to pass property to another person after death, without going through probate.
- Joint Tenancy & Tenancy by the Entirety. Adding another person to your assets as a joint owner or “joint tenant with rights of survivorship” will allow your property to pass to them upon your death without going through probate. There are pitfalls to this strategy, however, to include subjecting such assets to any claims (such as lawsuits) against the co-owner and making them available to the co-owner’s creditors — all while you are still alive and planning on using the assets yourself
- Beneficiary Designations. Washington allows Transfer on Death (TOD) or Pay on Death (POD) beneficiary designations to be added to bank accounts. Beneficiary designations like these are preferable to joint tenancy in that they allow you to transfer property only upon your death without giving away current ownership. One of the drawbacks, however, is that it can be difficult to obtain an equitable distribution of property among your heirs by utilizing beneficiary designations. Additionally, understand that if you have beneficiaries listed on your assets, those assets will be distributed upon your death to the listed beneficiaries, even if your last will and testament states otherwise.
- Revocable Living Trust. A Revocable Living Trust is a legal document that allows you to establish a separate entity (the trust) to “hold” legal title to your assets while you are alive, and to name trustees to manage those assets according to the trust terms. Typically, you serve as the trustee while you are alive, managing your assets for your own benefit. Upon your disability or death, the trust terms appoint your successor trustee who then continues to manage — or distribute — the assets held in trust. A properly drafted trust can accomplish many goals, including guardianship and probate avoidance for your estate and bloodline, marital and creditor protection for your children.
Washington Estate & Trust Administration
A properly drafted and funded trust will generally avoid probate. The trust need not be filed with the probate court. Nonetheless, there are still steps necessary to administer the trust: beneficiaries must be contacted; assets must be gathered, valued and managed; potential creditors must be notified; debts, taxes and final expenses must be paid; and, ultimately, any remaining income and assets must be distributed in compliance with the trust terms. Successor trustees often lack the time, resources or knowledge to personally administer the trust, and therefore may call upon legal, accounting and investment professionals for assistance. Oftentimes, a corporate fiduciary (e.g., a trust company) is an excellent alternative to relying solely on busy family members or friends to serve as trustee. We can help your successor trustee(s) deal with the complexities of administering your trust.
Please call our office and we will be happy to schedule a consultation, whether or not our office has drafted the original trust.
How can we help?
Our firm is dedicated to providing you with quality estate planning resources, so you can become familiar with all of the existing options.
Jeff Hughes
13:58 10 Feb 23
My wife and I met with Matt Luedke of Moulton Law yesterday for a full hour. Introductory call but I had prepared them that I had many specific legal topics to cover and that it was OK to charge me for the time. Matt was very professional and knowledgeable and he freely shared his advice regarding the legal issues we are struggling with. We are looking at very specific legal structures for our businesses and it turns out this is not an area where Moulton Law operates. Despite this, I felt the guidance Matt offered was outstanding and I got a lot of value out of our discussion. He did not charge us for his time. I have nothing but great things to say about Matt and I am very likely to work with Moulton Law in the future when we update estate plans.
Henry C. Stevens
19:17 20 Jan 23
This firm truly cares about their clients and it shows in the quality of their work. They were very thorough and made sure that my trust was tailored to my specific needs (I have special needs children). I would highly recommend them .
Angelina Patrícia
00:39 05 Jan 23
Matt went above and beyond to ensure that my parents' estate was properly taken care of. He took the time to explain everything in detail and made sure that all of our questions were answered. I highly recommend Moulton for anyone in need charged with administering an estate.
Diane Cook
17:18 18 Nov 22
On a recent visit to Moulton Law Offices,Matt. Luedke answered questions, with clarity and satisfaction, that my son and I had asked. I always take away ,from meetings with Matt, a feeling of satisfaction and that he is doing his best for me.
Mark Ballard
17:05 10 Nov 22
Matthew was a great help getting a Medicaid application processed for my wife. Very professional, not sure if I could have done it without him and his team. I have and will recommend him to anyone in similar circumstances to mine. Thanks for all your help.
Deb powell
22:27 21 Sep 22
Diana was so professional and personable. She had everything in order and spent time explaining and answering any questions we had. She made both of us feel like a friend helping a friend. If we have any questions we will definitely contact her.
Cherry Wiest
21:01 16 Aug 22
Moulton Law office has helped us with legal matters for many years. We’ve let things slide and have come back to the same helpful, knowledgeable and pleasant people who know their job and do it well. A cutting edge firm in my opinion!
Pam Black
00:20 06 Aug 22
Working with Jenny Hubbard at the Kennewick office of Moulton Law Offices was perfect for what I needed help with. She explained all the questions I had about writing a trust that would make my wishes easy to understand for my sons when the time comes. They also felt comfortable asking her questions. I especially like that the office is in Kennewick so I don’t have to travel far when I have questions. Jenny and her lawyer are here to help you with your questions.
Stephen A
22:30 19 Jul 22
My family has worked with Mr. Gunning at Moulton Law for over 10 years. I am retired and have worked with many attorneys in my business career. Mr. Gunning is by far, the best attorney I have ever been associated with:1. He clearly explains complex legal issues2. He is an excellent listener and offers focused solutions3. He has always treated my 97 year old Mother with kindness and respect.4. The resulting Trusts/Wills have been very detailed and comprehensive.In my opinion, you will be very satisfied working with Mr. GunningAlso the support team is great to work with. Very Upbeat. Our favorite is Holly who has been there for a long time. She is very sharp, confidential, and quick to get to the bottom line in getting things done. Moulton Law is fortunate to have Holly on the Team!
Deb Wilcox
16:35 03 Jul 22
My husband and I met with Diana Davis, a Paralegal from Moulton Law Offices. She has been there for awhile and we have met with her before. She is very professional but personable and totally knows the details that she is there to explain to us. Our Estate Plan needed updates, and Moulton Law Offices efficiently and thoroughly advised us of this, undertook the appropriate revisions, contacted us to discuss and schedule a followup meeting, and then Diana came with all the updates. She went through all the relevant changes and sections, replaced all the previous ones in our copy, obtained our signatures where needed, and all the while answered any questions we had. It was a very pleasant exchange and only took us about 1/2-hour. We are very glad we made the decision 8 years ago to contact Moulton Law Offices to help us prepare an appropriate (to our circumstances) Estate Plan. Diana is a real asset and someone good to know when we don’t need to speak directly with the lawyers (all of whom we also like and appreciate. Highly recommend them all.
Susan Paysse
01:00 26 May 22
We had a very good experience working with Moulton Law for our Trust. It's complicated work, and it was great to have a local office to visit for our appointments. Jenny went over all of the documents thoroughly and efficiently. She answered our questions, made changes as needed, and made sure we understood and were comfortable with the documents we were signing. She is a great resource!
Kimm Minkler
04:57 19 Jan 23
My husband and I attended a Moulton Law Office presentation about Trusts and Wills. We chose to have Moulton prepare our Trust. At the signing, we received a very large package of documents, including medical directives, and a Trust/Will that will serve our children well upon our demise. Jenny was outstanding and very knowledgeable.
Alison Sizemore
02:55 17 Jan 23
Mike Gunning was professional, kind and very knowledgeable. On top of that, our signing experience with Jenny at the Kennewick office was first class! Moulton Law was able to get all of our needs completed in a very timely manner, and on budget.Thank you so much for helping our family!
Brian Harding
23:59 14 Dec 22
We have been working with Moulton Law Offices in the effort of updating an existing family trust. We have been extremely satisfied at the timely responses and the caring manner of Moulton Law Offices in guiding us through the process. We are extremely grateful to the Kennewick office and especially to Jenny Hubbard. Jenny has been so kind and caring throughout the process and has constantly encouraged us to contact her if we have any questions. On behalf of the family, thank you.
marlo scott
23:48 22 Sep 22
Jenny was great! The entire Moulton law team have been very efficient and we had no surprise on the final price or finished product. Attorney Mike Gunning did an outstanding job of explaining the entire process, advantages and issues if you choose not to get a living trust. To us it was no question that it was the right thing! The local Kennewick office was perfect for us, because I don’t think we would have made it to Spokane and we need a local contact.
amie & brad green
03:39 17 Sep 22
Jenny Hubbard was very helpful in setting up our Trust, and she answered all questions. She is an expert in inheritance issues.Our session was a lot more than just signing papers. We really got good help.
Jenine Moore
21:20 12 Aug 22
Jenny, thank you for all you time, patience and understanding during our visit with you today. It was a bit overwhelming going over all our Final Wishes, etc. But you kindness and concern were very evident. I especially appreciate all you patience and understanding with my husband as well.I would recommend Moulton Law Offices, Kennewick Branch, to anyone looking for Family Estate Planning.SincerelyJenine