Things No One Wants to Think About.......

Each of our deaths is not a pleasant thing to think about.  Over the years I have seen
hundreds of people put off dealing with this issue.  For many, it was too late to take the steps
necessary to get there house in order. It may be human nature to somehow believe that it will never happen to you (or at least not yet).

If you have children under the age of 25, you may be shocked to know what can happen if you die without a will.  I most cases, any child under the age of 18 will not have appropriate access to any monies left to him or her until reaching age 18.  This can mean that the guardian of the child will be forced to raise your son or daughter without the benefit of these monies.

Maybe worse, once the child reaches age 18, he or she will get all the money with no strings attached. Even if you child is in his or her early 20’s, receiving even a modest inheritance with no string attached can be life altering – and usually not for the best.   I have seen lives ruined by young people inheriting money that he or she is ill prepared to manage or use in a mature manner.

It is so simple to make provisions that protect your child, and ensure that his or her inheritance is managed and used for the benefit of the child.  Once the child is a little older, then they can take responsibility for the bequest.

This advice is not just for people with young children.  Grandchildren can often inherit, and the same
caution applies.  A simple trust, written into your will, can go a long ways toward ensuring your heirs will receive his or her inheritance in an appropriate and well managed fashion. 

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Who Makes Decisions for the Incompetent?

Who Makes Decisions for the Incompetent?
If you have a relative who is unable to make decisions for his or her self, it is time for you or another close family member to step up and ensure this relative gets the care he or she needs and deserves. Unless this person has already taken the steps to grant authority to make decisions on his or her behalf, it is important for someone who really cares to obtain this authority. In Washington, a guardianship can create a legal relationship that allows you to make important decisions for this person.

A guardianship allows the guardian to make some or all decisions regarding an incompetent person’s finances and health care. In some cases, it may not be necessary to have a full guardianship – for example, if the person in need can make their own health care decisions, but is unable to manage their own financial affairs. Regardless of the scope of the guardianship, the guardian can protect their ward and make sure that their affairs are appropriately managed.

This can be a very difficult decision. It is often the case that a person’s ability to manage their own affairs gradually diminishes. It can be difficult to determine when it’s the right time to take action, and some people are reluctant to give up control. The timing really depends on the individual situation, but, as a rule of thumb, if this person is not making appropriate financial or health care decisions on their own, the time may be right to seek the authority to help.

As I mentioned above, it really makes sense for anyone who is concerned about his or her future care to take the steps now to have appropriate powers of attorney prepared. This is far less expensive than a guardianship, and you get to pick who will make your important care decisions if you become incapacitated or incompetent. It is only when you really need these protections put in place that it may be too late. Once a person loses the ability to execute a power of attorney, a guardianship may be the only remaining viable option.

Alternative Dispute Resolution

Alternative Dispute Resolution

In trying to reach an acceptable resolution in most kinds of family law disputes, the use of an alternate dispute resolution vehicle can be most effective. It may seem that your problems have gone way beyond trying to talk it out, but there are a lot of great reasons to try mediation services.

Mediation is frequently successful in resolving family law issues. Rather than waiting for a court to resolve your problems, mediation can be done very quickly. The cost of mediation is very reasonable when compared with the cost of going through the court system. In my experience, the results from mediation are almost always more acceptable to the parties than a court ruling. Finally, the stress and emotional impact of mediation is far less than going to trial.

In every case, mediation allows both sides to air their issues, test the waters for any and all ideas that might resolve the dispute, and get the guidance and feedback from a very experienced mediator. Getting the “reality check” from such an experienced person is very helpful in getting to a final agreement. I would estimate that more than 70% of my cases are resolved in mediation.

Even if you are unable to get the issues resolved in mediation, you will be much closer to understanding exactly what issues are keeping you apart. This can really help focus your future negotiations, and still bring about a much more appropriate final resolution to your dispute.

Working with your attorney, mediation is both cost effective, expedient, and really helps preserve your future relationship with the other party. Courts can and will decide issues, but often neither side is happy with the outcome. This can cause future disputes, and make it difficult to work with the other party. Mediation helps create a sense of ownership in the final solution, and this is a great first step to resolving future disputes.

Child Support in the New Year

Child Support in the New Year

There are a number of good reasons to take a look at your child support. It is not uncommon for parents to just let the old order “ride”, not wanting to stir up the old hard feelings and conflict. While a desire to not cause problems is understandable, the under or over payment of support is a problem you have every right to correct. If it has been a couple of years since you last had support looked at, if a child has turned 12, if the medical insurance is a problem, if a child is no longer needing day care services, or there has been a significant change in income, the time is ripe for a quick look at the support payment.

In most cases, there is little that can be done to go back in time and correct problems, day care is an exception, but for every month that goes by you stand to loose out on any benefit a support modification may bring. At a minimum, you can at least confirm the income of the other parent, so that you can make an educated decision about your next step. There are new child support laws that went into effect about 15 months ago, and these new laws can make a big difference in the child support payment.

It’s easy to put off dealing with money issues, but, if you haven’t looked at support in a while, now is a good time. 2010 tax returns are being prepared, w-‘s are available, and, with the changes in the child support laws, now is a great time to get the support right.

Ringing in the New Year

Ringing in the New Year

I does seem like we are a little more motivated to get our lives in order during the new year. It’s so easy to put things off, but the risk can be significant. Now is the time to take a look at your personal issues and take the steps needed to get them handled.

It seems like more people are thinking about estate planning after Christmas. Who will make my medical and financial decisions for me if I am unable to do it myself? Will my estate go to the people I want to receive it? Will minors that may receive bequests be protected, and the bequest properly managed and distributed?

All of the above are good questions, and if the answer to any question is “I don’t know”, then it is time to get some professional advice. You can usually meet with an attorney at little or no cost who can explain estate planning and how to best achieve your goals. All you are out is your time, and the advantages to getting educated on estate planning issues can really pay off.

If you have not sought help with your estate planning needs or if it has been years since you last talked to an attorney about these issues, now is a great time to do the responsible thing. A little time and trouble now can save your family and loved ones a great deal of sorrow and expense later.

Knowing your credit score

Divorce and Your Credit Score


Increasingly, I am seeing people who are thinking of a divorce, in the middle of a divorce, and have completed their divorce worried about their credit score. Will the divorce lower my score? Will I be hurt by my spouse’s failure to pay debt? What can I do to protect myself?

It is a good idea to think about these issues. Your credit score has a big impact on your financial life – getting a loan, interest rates, getting the best deal, etc. You can take steps to protect yourself, but you need the facts first. Do a credit check and see who your creditors are. It sounds funny, but you may be listed on debt incurred by your spouse and you don’t even know it.

Just because you are divorced (or may get a divorce) doesn’t keep your spouse’s behavior from hurting you. It is common in any division of debt for each party to take some of the bills (I get the Visa and you get the Master Card). If both of you are on the account, regardless of what the Divorce Decree says, if your former spouse fails to pay the debt, the creditor will come after you for payment and his or her poor payment history will reflect on your credit score.

There are ways to be protected throughout the process, but it takes a lot of investigation and aggressive follow up. Sometimes it is possible to have your name removed from a debt as part of the divorce process, but more often your spouse cannot qualify to go it alone. A well drafted Decree of Dissolution can go a long ways toward giving you the protection you need. If done right, most of the time you can avoid problems with your credit score.
I often see problem that impact credit scores arise at the beginning of a divorce. Payments are missed because the parties can’t agree on who pays which debt. Irregularly occurring debt is missed – like quarterly insurance payments. Bills aren’t paid because the direct withdrawal for the payment comes out of a now closed account. It makes sense for you and your spouse to try to sit down and get this worked out as best you can at the very beginning. It will help both of you keep your good credit, and save problems from popping up after the divorce is final.

Happy Holidays!

Happy Holidays!


It’s a wonderful time of the year, and, for some of us, a very difficult time of the year. The stress of life always seems to intensify during the holidays. This can lead to run ins with the law. It’s best to know how to handle these situations before they occur.

If you are pulled over, be pleasant – the officer is only doing his or her job. Making the officer mad is not going to help your case. Just remember this: Ask to speak to an attorney right away. Make no comments, statements, or confessions until you have had a chance to talk to an attorney. You can provide the officer with your license, registration, and proof of insurance, but keep in mind that everything you say will be used against you. This is no line from a bad cop show, everything you say will be used against you.


Usually the officer will ask you to perform sobriety tests at the scene of the stop. Walk and turn, leg lift, etc. I do not recommend your taking these voluntary tests. In my experience, nearly everyone fails these tests – so why give the prosecutor more ammunition to use against you? After you have had the chance to talk to an attorney, you can then make decisions about other aspects of the arrest, but don’t get sucked into a conversation with the officer prior to talking to an attorney. It may seem like a casual conversation, but it is not. You have a right to remain silent, use it.

Enjoy your holidays. Drive safely, and protect your rights.