Resources
Frequently asked questions
Straightforward answers to the questions clients ask most across Washington and Montana. Use the filter to focus on one state. General information, not legal advice — for guidance on your situation, please get in touch.
Estate Planning & Trusts
Do I need a will if my estate is modest?
In most cases, yes. A will names who receives your property, appoints the person who will administer your estate, and — importantly for parents — nominates guardians for minor children. Without one, Washington’s intestacy statutes decide who inherits, which may not match what you would have chosen.
What’s the difference between a will and a living trust?
A will takes effect at death, and the assets it controls generally pass through probate. A revocable living trust holds assets during your life, lets a successor trustee manage them if you become incapacitated, and passes them to your beneficiaries without probate. Many plans use both — a trust for coordination and a pour-over will as a backstop.
Does a living trust avoid probate in Washington?WA
Assets properly titled in a revocable living trust do avoid probate. That said, Washington’s probate process is comparatively efficient, so a trust is one option among several — worth weighing alongside beneficiary designations, transfer-on-death registrations, and community property agreements. The right mix depends on your situation.
Will my estate owe Washington estate tax?WA
Possibly. Washington imposes its own estate tax above a state exemption that is well below the federal threshold, so a family that owes no federal estate tax can still have Washington exposure. Planning that considers only the federal tax can miss it, which is why the two are looked at together.
How often should I review my estate plan?
Review it after major life events — a marriage or divorce, a birth, a death, a significant change in your assets, or a move to another state — and otherwise every few years. The goal is to keep your fiduciaries, guardians, and beneficiary designations current with your wishes and the law.
Probate & Trust Administration
Do I need probate in Washington?WA
Not always. Assets that pass by beneficiary designation, right of survivorship, transfer-on-death registration, or a living trust move outside probate. Probate is typically needed when there are assets in the decedent’s sole name without another mechanism to transfer them — though Washington’s process is relatively streamlined, and small estates may qualify for a simplified affidavit.
How long does probate take?
It depends on the estate’s complexity and any creditor claims, but many Washington estates administered with nonintervention powers are completed in a matter of months rather than years. A required creditor-claim period and the nature of the assets are the main factors that affect timing.
What does a personal representative actually have to do?
Gather and value the estate’s assets, notify heirs and creditors, pay valid debts, expenses, and taxes, file any required returns, and distribute what remains — all while acting as a fiduciary in the estate’s best interest. I guide personal representatives through each step so it is done correctly.
I was named executor or trustee and feel overwhelmed. Can you help?
Yes. Fiduciaries carry real legal duties and can face personal exposure for getting them wrong. I regularly advise personal representatives and trustees, handling the process end to end or supporting you at the points where it matters most.
What are nonintervention powers?
They are a hallmark of Washington probate. For a solvent estate, the court can authorize the personal representative to administer and close the estate with little ongoing court supervision — a key reason probate here is often faster and less costly than in other states.
Business Transactions & Planning
Which entity is right for my business — LLC, corporation, or partnership?
It depends on liability protection, tax treatment, ownership structure, and your long-term goals. I help owners weigh the trade-offs, form the entity that fits, and put the governing documents in place so the structure holds up over time.
What is business succession planning?
It is a plan for how ownership and control of a closely held business transfer on an owner’s retirement, death, disability, or departure — commonly through buy-sell agreements, entity structuring, and coordination with the owner’s estate plan. Good succession planning protects both the business and the family.
Do I need a buy-sell agreement?
If a business has more than one owner, a buy-sell agreement is one of the most valuable documents you can have. It sets what happens to an owner’s interest on death, disability, or exit, provides a valuation method, and heads off disputes among owners and their families.
Can you coordinate my business and estate plans?
Yes — that coordination is central to how I work. A closely held business interest is often the largest asset in an estate, so the entity documents and the estate plan need to be designed to work together rather than at cross purposes.
Real Estate
Can you help transfer real estate into my trust or to my heirs?
Yes. I prepare and record the deeds needed to fund a trust or transfer real property — including Washington transfer-on-death deeds — and address the real-property questions that come up within estate and business planning.
What is a transfer-on-death (TOD) deed?
It is a Washington deed that names who receives your real property at death, letting it pass outside probate while you keep full ownership and control during life. It can be changed or revoked at any time while you are living, which makes it a flexible planning tool.
Will I owe real estate excise tax when transferring property?
Washington imposes a real estate excise tax on many property transfers, but a number of estate- and gift-related transfers qualify for exemptions. I help structure and document transfers so any available exemption is identified and claimed correctly.
Working Together
How do I get started?
Reach out through the contact form or by phone with a short description of what you need. I review every inquiry personally and follow up to see whether I can help — or point you toward the right resource if I am not the best fit.
Does contacting you create an attorney-client relationship?
No. Contacting me through this site or by email does not create an attorney-client relationship — that is formed only through a signed engagement agreement. Please do not send confidential or time-sensitive details in a first message until an engagement is confirmed in writing.
What areas do you serve?
I divide my time between the firm’s Tacoma office and the Bozeman–Big Sky area of Montana, and I meet clients by appointment in Belgrade, Bozeman, and Big Sky. Admitted in both Washington and Montana, I help clients in either state — and cross-border families with ties to both.
What should I bring to a first conversation?
Whatever you have — a current will or trust, a rough list of your assets and how they are titled, recent beneficiary designations, and any business documents if they are relevant. It is perfectly fine to start without them; we can build the picture together.
Montana & Cross-Border
How is estate planning different in Montana than in Washington?WA + MT
The two states differ in ways that matter. Montana has no state estate or inheritance tax, while Washington taxes estates above a relatively low threshold. Montana is a common-law (separate property) state, whereas Washington is community property — which changes how spouses own assets and how they are taxed at death. And Montana administers probate under the Uniform Probate Code, while Washington uses its own nonintervention process. For anyone with ties to both states, those differences are worth planning around.
I live in Washington but own a cabin, ranch, or land in Montana — what happens to it when I die?WA + MT
Real property is governed by the state where it sits, so Montana land can require a separate “ancillary” probate in Montana in addition to the main administration in Washington. Planning ahead — often by holding the property in a trust or an entity — can avoid that second probate and keep the transfer smooth. This is exactly the situation where being admitted in both states helps.
Does Montana have an estate or inheritance tax?MT
No. Montana repealed its inheritance tax for deaths after 2000 and has no separate state estate tax, so only the federal estate tax can apply. That is a meaningful contrast with Washington, which imposes its own estate tax at a much lower threshold — and a reason your domicile and where your assets are located deserve attention.
I’m moving to or from Montana. Does that change my estate plan?WA + MT
It can. A move changes your domicile — which drives which state’s law and estate tax apply — so your documents should be reviewed to confirm they still work as intended. Marital-property characterization (community versus separate) and your beneficiary and fiduciary designations are common things to revisit after a cross-state move.
Can you help with a Montana business, ranch, or farm succession?MT
Yes. I am admitted in Montana as well as Washington, and I help owners of closely held businesses, ranches, and farms plan how the operation and the land pass to the next generation — coordinating entity structure, buy-sell terms, conservation options, and the estate plan so the transfer holds together.
Prefer definitions? Browse the estate planning glossary for plain-language explanations of the terms above.