Estate Planning
Customized Strategies from Specialized In-House Team
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In today's fast-paced world, you're building a life and a legacy. Maybe you're a young professional just starting to invest, perhaps you're juggling a career with the demands of raising a family and caring for aging parents, or maybe you are the retiree looking to extend your finances and ensure your loved ones are taken care of when you eventually pass on. You've worked hard to get here, but in the midst of it all, it's easy to feel a little unmoored by the "what ifs" of the future. What happens to your home, your assets, or your digital life if something unexpected occurs? Who will care for your children or manage your parents' affairs if you can't? An estate plan isn't a formality for a distant future; it's the anchor you need right now. It provides the confidence and peace of mind that comes from knowing exactly what will happen to you, and your assets, should the unexpected, or when the unavoidable, happens. We believe this should be a simple, transparent process, not a source of stress. Let us help you create that cornerstone of security so you can focus on what matters most, living your best life.
80%
That rate is twice the general average for adults.
It's time to take full control of your assets and secure your entire digital and financial footprint. This essential preparation means protecting your investments and long-term financial plan, locking down your social media profiles against identity theft, maintaining security over your vehicle titles, arranging reliable pet care, and formally naming clear medical decision-makers for both foreseen and unforeseen emergencies. Don't leave these vital arrangements to chance; connect with us now.
Some of What We Offer:
Sample Estate Plan
Package
LWT- $750
FPOA - $250
HPOA - $250
Living Will - $500
01
Last Will & Testament
Your own personalized set of instructions. It's the legal document that allows you to decide who gets your assets—from your savings and investments to your sentimental heirlooms—after you're gone. You can name a legal guardian for your minor children, ensuring they're cared for by the person you trust most.
03
Financial Power of Attorney
Life is busy, and sometimes a simple illness, travel, or an emergency can make managing your finances impossible. A Financial Power of Attorney is a document that lets you name a person you trust to step in and handle your financial matters for you. Think of it as having a backup plan for your bank account.
05
Advance Directive (Living Will)
Think of it as your medical cheat sheet to your medical professionals. It's where you clearly and legally state your preferences regarding life-sustaining treatments, like ventilators, feeding tubes, and resuscitation, in the event you're terminally ill or permanently unconscious and can no longer communicate.
02
Revocable Living Trust
A private, legal entity that is capable of owning assets. You continue to manage them just as you always have, but with a major benefit: when you become incapacitated or pass away, your assets can be managed and distributed privately and efficiently. Trusts offer the simplest way to reduce or eliminate the need for probate.
04
Healthcare Power of Attorney
When you or your parents are dealing with a health crisis, the last thing you want is for a family argument or a stranger in a hospital to make decisions about your care. A Healthcare Power of Attorney is a legal document where you name a person you trust to make medical decisions for you if you're unable to do so yourself.
06
Letter of Instructions
We believe in providing a clear, practical roadmap for your loved ones. We populate each letter with information specific to your plan, including the names and roles of key individuals. This tailored approach gives your family step-by-step guidance on what to do, who to contact, and where to find important documents. By eliminating confusion, we minimize stress for your loved ones during a difficult time, ensuring a smooth transition for your estate.
While capable of practicing law in both Washington and Montana, our firm would like to spend a moment in pointing out some key differences in the laws governing estate planning and probate that may exist for those who may have assets in both states. Understanding these laws fully will assist you in determining which state is best to complete/open you case in. In Washington, the laws are governed by the Revised Code of Washington (RCW) and Administrative Code (WAC), while Montana follows the Montana Code Annotated (MCA). Our firm is uniquely positioned to practice law in both states, offering experience in multi-state matters. Community Property vs. Common Law One of the most significant differences lies in how each state views marital property. Washington is a community property state, meaning that most assets acquired during a marriage are considered to be owned equally by both spouses, 50/50 (RCW 26.16.030). This can be a game-changer when it's time to draft a will, as a spouse can only legally leave their half of the community property to an heir. In contrast, Montana is a common law state. Here, assets are typically owned by the individual who acquired them, though a surviving spouse still has certain rights under state inheritance law if a will isn't in place. This distinction is critical for couples, as it directly impacts what can and can't be included in each spouse's will, as well as which assets qualify. Holographic Wills When you picture a will, you likely imagine a professionally typed document signed and witnessed in a formal setting. But what about a simple, handwritten note? This is where many states diverge. Montana, as well as some other states, legally recognizes holographic wills (and no, this does not mean that Tony Stark is drafting your will). The holographic will is entirely handwritten and does not require witnesses to be valid. In contrast, Washington does not accept holographic wills. Under Washington law (RCW 11.12.160), a will must be in writing and signed by at least two competent witnesses (or notarized). While both states have specific rules for witnesses, Washington's law has an interesting nuance: a beneficiary can be a witness as long as there are at least two additional witnesses who are not also beneficiaries. Montana, on the other hand, allows a beneficiary to serve as a witness regardless of additional, disinterested witnesses. Estate and Inheritance Taxes No one wants to see their hard-earned assets go to the tax man. When it comes to estate taxes, the difference between Washington and Montana is significant. Montana does not have a state-level estate or inheritance tax, so beneficiaries are only subject to federal estate tax laws. Additionally, Washington has its own estate tax, which is levied on the total value of the estate before it is distributed. The tax rate is progressive and can be substantial for large estates, starting at 10% and going up to 35% on assets above the Washington state tax exemption threshold. This is a critical consideration for residents of the Evergreen State, as it can significantly reduce the value of an inheritance for future generations. Probate Differences While the purpose of probate—to validate a will, pay off debts, and distribute assets—is the same everywhere, the process can differ greatly. One key example is the Small Estate Affidavit. Both states have a streamlined process for smaller estates to avoid a lengthy and costly formal probate. However, the financial thresholds are different: Montana's limit is $50,000, while Washington's is $100,000. This is a simple but powerful way to avoid a key pain point for many families. A Note on Validity It is a common misconception that a will created in one state is null and void if you move. The truth is, a will that was established legally under the laws of its original state is generally considered valid in your new state of residence. However, this is no excuse to postpone updating your estate plan. New state laws, especially regarding topics like community property and estate taxes, can change the impact of your will and potentially create legal hurdles for your loved ones. To ensure your wishes are carried out exactly as you intend, it is always a good idea to review your documents with a qualified attorney in your current state. ​
Washington vs Montana
Estate Planning Differences
Review your goals.
Have more questions about establishing an estate plan? Have concerns about your existing documents? Reach out today and put an experienced, compassionate attorney in your corner from Cornerstone Legal. Let us inform you of the steps you can take to accomplish your goals (legally!).
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