We are located in a convenient Spokane Valley location:
Quiroga Law Office, PLLC
505 N. Argonne Rd., Suite B-109
Spokane Valley, WA 99201
Spokane wills attorney and counselor at law, Casey A. Quiroga, can help you put all your estate matters and financial affairs in order. Having the proper financial and legal documents to protect your assets could save you from an unnecessary tax burden. A will, for example, allows you to pass your property to those you decide; however, if you die without a will, the state will decide who, how, and how much your heir would receive.
A Spokane wills attorney can also probate a will for your relative or family member. Probate, technically it means ‘proving a will’. It is the process where a person turns in a person’s will to a court, and the will is properly executed. Probate is also commonly referred to the process of administering an estate.
Property can be probate or non probate, if property is probate property, it indicates how it will be transferred when a person passes. Nonprobate property passes outside of the probate system.We can help you and your family if your property is probate property or nonprobate property. Probate property is usually property that lacks a document or some kind of evidence which satisfactory explains how that property is held (title created, contract related, etc.).
Probate property can pass through a will or through intestacy. Intestacy is what happens when you a person passes without a will – the state (through the power of the court) decides how to distribute the property.
In order for nonprobate to be distributed according to the nonprobate document, there must be explicit legal authority for the property to pass outside of the probate system, for example, property held in a trust, life insurance, joint tenancy with rights of survivorship, retirement - such as pension plans.
In Washington, there are nonprobate assets by definition, for example, joint tenancies, bank account (with rights of survivorship), irrevocable trusts, etc. However, there are exceptions like life insurance and pensions. To complicate matters even more, Washington is a community property state, and community property could be probate or nonprobate property. It would depend on what the type of property the court would decide. This is one of the reasons why a Spokane wills attorney needs to review your testamentary documents and/or execute a probate. Washington law is complicated regarding these issues and you need an experienced professional to help you protect your and your family’s interest.
When making distinction property between probate/nonprobate/ and not nonprobate property, keep in mind whether it is community property or separate property before considering who gets what when they pass.
Two different legal concepts that govern the management of property between spouses follow community property concepts: separate property states (common law states), not simply who buys property, but how the property is titled; however, there is a strong presumption that property acquired during the course of a marriage is community property.
If you have questions or would like to have a Spokane wills attorney help you with your will, contact Casey A. Qurioga, (509) 927-3840.