Riach Gese Jacobs, PLLCLynnwood WA Attorneys | North Seattle Estate Planning Lawyer | Everett Washington Real Estate Law Firm2024-02-15T03:15:24Zhttps://www.riachgese.com/feed/atom/WordPressOn Behalf of Riach Gese Jacobs, PLLChttps://www.riachgese.com/?p=474202024-02-15T03:15:24Z2024-02-15T03:15:24ZThere are many different survey types
If you want to find out where your property line is, you will most likely want to have a boundary survey done. The boundary survey takes precise calculations to determine where your yard ends and your neighbor's yard begins. This type of survey may also be necessary if you're building a fence, deck or anything else that requires a permit to put up.
Surveys are rarely needed for interior projects
It's unlikely that you will need a land survey for interior home improvement projects such as finishing a basement or putting new carpets in the living room. This is because you are unlikely to drastically change the size or shape of your home while doing so. However, if you plan to add an addition to the house or want to expand the size of an existing space, it may be best to get a survey done to minimize the risk of property line disputes emerging.
You can have a survey done for any reason
A land survey can be done at any time to determine your property line. For instance, you may be thinking about selling your home soon and want to have accurate records. A survey may also be worth doing if your neighbor is thinking about adding a fence or deck and you don't want it encroaching onto your property.
If a property line dispute does arise, you may be able to resolve it through private talks or mediation. Resolutions may include moving a fence or signing a document acknowledging that encroaching on your neighbor's land doesn't give you any ownership rights to it.]]>On Behalf of Riach Gese Jacobs, PLLChttps://www.riachgese.com/?p=473962023-12-19T03:02:40Z2023-12-19T03:02:40ZWhy people gift homes to their children
Prime reasons for estate planning include leaving a legacy to your heirs and avoiding probate for many assets. However, sometimes people want to relinquish ownership of their homes before their death because they may be in failing health and wish to qualify for Medicaid, so they put their home in a family member's name and stay in it. You should note there is a five-year waiting period before you can qualify for Medicaid, and you won't be able to get benefits in the interim.
The dangers of gifting your home
Often, people don't think of the dangers that could affect continued living in your home. Even though you may agree to pay taxes and maintenance, the home could be endangered if your family member has poor finances. Creditors can file liens on property, which could lead to repossession. Another unforeseen problem is that by gifting your home to an adult child, they won't be able to take advantage of a one-time step-up in tax basis, making them responsible for thousands of dollars in taxes.
Estate planning can avoid problems and probate
When carefully considering where you want your assets to go following your death, you can avoid probate. Many estate plan tools are explicitly designed for this purpose. Trusts are one where you can place your home so you don't technically own it. You can also place your home in a trust to leave it to your children.
Take the time to consider how you want to bequeath your assets and help your heirs save taxes. Realize that you can also change your estate plan if your wishes change. After establishing your plan, review it every few years to ensure all components meet your needs.]]>On Behalf of Riach Gese Jacobs, PLLChttps://www.riachgese.com/?p=473942023-10-12T20:43:13Z2023-10-12T20:43:13ZWhat is an adult guardianship?
Adult guardianships are petitioned through the court to take control of all aspects of a person's life when that individual cannot adequately make decisions. Similar in some ways to conservatorships, guardianships have the potential for abuse as they are more extensive and powerful than powers of attorney. Because of this impact on someone's freedom, you must present convincing evidence to the court that the person you are seeking guardianship for cannot manage their affairs and that a less restrictive alternative is unworkable. Such hearings are private and sealed after court proceedings have finished.
Preventing guardian abuse
The Washington state legislature has taken several steps to prevent guardianship abuse, including clarifying the process to appoint an emergency guardianship for 60 days to meet someone's immediate needs without establishing a permanent one. Washington state has also adopted the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act to ensure the rights of alleged incapacitated persons.
Seek viable alternatives
Guardianship is a last-resort solution. You can often avoid this decision by engaging in proactive estate planning with your loved one if diagnosed with dementia or a severe illness. Working with your loved one in this manner before they become fully incapacitated will allow them to provide input on how they want their affairs handled.
Nevertheless, sometimes unexpected events happen, such as when a severe stroke at a young age or a catastrophic accident occurs. In these cases, guardianship may be the only possible answer when someone is in a coma or has suffered a severe traumatic brain injury and thought or expression is impossible.]]>On Behalf of Riach Gese Jacobs, PLLChttps://www.riachgese.com/?p=473922023-08-16T02:09:26Z2023-08-16T02:09:26ZWhen would a will be invalid?
In some situations, family members suspect that someone tricked or even coerced their loved one into changing the will. The person behind the manipulation could be a relative who has suddenly expanded a relationship with your loved one. New romantic partners or caregivers have also been known to exert what is called undue influence on people to get them to change their wills for their personal benefit.
Proof that the testator took that action due to lies, manipulation or threats may invalidate a will. Similarly, a person of unsound mind cannot sign a valid will because you can argue an inability to understand the document. If you have observed signs of dementia, or know of a medical diagnosis, prior to the signing of the new will, then you could challenge the will on the ground of lack of mental capacity. Evidence that someone forged your loved one's name on a will provides another reason to challenge a will.
Acceptable reasons to update a will
Wills are an important part of an estate plan, and many reasons call for updating the document. The death of an heir, beneficiary or personal representative named in the will warrants an update.
Divorce, marriage and birth or adoption of children motivate most will changes. The acquisition of new real estate or receipt of an inheritance also present suitable reasons to update a will.]]>On Behalf of Riach Gese Jacobs, PLLChttps://www.riachgese.com/?p=473902023-06-26T05:25:48Z2023-06-26T05:25:48ZChanges to the original documents
According to news reports, Lisa Marie Presley made changes in 2016 to her living trust that switched trustees from her mother (Priscilla Presley) and a previous business manager to two of her children instead. One of those children, Benjamin Keough, has since passed away, while her daughter, Riley Keough, is now the sole beneficiary. Multiple issues pertaining to the document resulted in the dispute.
One of the major lessons to learn is to make sure all legal documents, including living trusts, are accurate. It's also essential that all affected individuals get notified of any changes. Open communication could help limit the risk of potential probate litigation.
Questioned changes
Reports stated that there were several problems pertaining to the changes of the living trust. For example, Priscilla Presley said that the document wasn't properly notarized, and her name wasn't spelled correctly. There was also doubt about her daughter's signature. A huge issue was that Priscilla said no one told her about the changes until after Lisa Marie's passing.
The impact of a court case can obviously take a significant toll on a family. Depending on the situation, trust litigation may not be worth risking relationships. However, if there are going to be any changes to a legal trust, it's vital to do everything correctly to decrease the chances of any potential problems.
Taking precautions regarding a living trust and doing everything appropriately is ideal for preventing legal issues and trouble with family dynamics. It's much better when a family can work together instead of two or more individuals getting involved in a potentially lengthy court process.]]>On Behalf of Riach Gese Jacobs, PLLChttps://www.riachgese.com/?p=472822023-04-18T03:11:03Z2023-04-18T03:11:03ZWhy do boundary-line disputes happen in rural areas?
A boundary line dispute occurs when two different groups have a disagreement over where one person's property starts and the other's ends. In some cases, the borders between properties are cut and dry. In others, it might be left unclear and open to interpretation.
You can't always examine a piece of land and see how the properties should be split. For these situations, you might have to look into the official property records or visit your local county assessor's office.
Trespassing versus encroaching
A common property dispute in rural areas is trespassing. For a person to trespass, it means that they carry on with their activities on your land even though they are aware that it is private property.
As such, the trespassers have to have some way of knowing that it's your land. This means it's up to the landowner to ensure proper signage to make it obvious to anyone who might pass through.
With encroachment, someone has built something or allowed a natural feature to grow over the property line. Sometimes your neighbor might do this intentionally, but it's always helpful to entertain the possibility that they did so by mistake.
It's important to handle any issue with encroachment as soon as possible. If you talk to your neighbor about it before they get too far along in their building process, there's a possibility that the issue can be easily resolved. But if you put it off for too long, the encroachment could become an easement on your land.
For rural lands, it's not always clear where boundary lines should be drawn. This may lead to issues like trespassing and encroachment, which can lead to bigger problems if you don't deal with them promptly.]]>On Behalf of Riach Gese Jacobs, PLLChttps://www.riachgese.com/?p=472802023-02-15T05:21:15Z2023-02-15T05:21:15ZWhat is a squatter?
"Squatter" is not a legal term, but the law understands a squatter as someone occupying someone else's property without permission. A squatter must enter the property through an unlocked entrance. If the individual uses force to enter, they have become a trespasser, which usually qualifies as a criminal activity, while squatting is considered a civil matter.
If a tenant stays in a property after their lease expires, they become a holdover tenant rather than a squatter or trespasser. The landlord can accept rent month-to-month or begin an eviction process if the tenant does not leave.
How adverse possession works
If a squatter tries to claim adverse possession of your property, they must provide proof to support their claim in a property ownership dispute. No single statute lists adverse possession elements, but the courts have defined a list of criteria.
A squatter must meet the following conditions to take ownership:
Take hostile possession without permission and against the true owner's right, although the squatter could mistakenly believe they own the property through an invalid deed.
Exercise actual control over the property.
Have exclusive possession, meaning the squatter cannot share the property with anyone else, or the adverse possession claim becomes invalidated.
Engage in open, notorious occupancy, using the property as they would if they owned it, including landscaping and other improvements, without hiding their existence.
Occuppy the property for a continuous, uninterrupted period of 7 years, with proof that the person has paid property taxes yearly; otherwise, their claim becomes invalidated.
The squatter must also have "Color of Title," which means the true owner lacks at least one required document to prove their property ownership.
Protecting your property from squatters
The laws regarding property disputes and a squatter's rights can contain nuances, and every situation is different. Sometimes, you might need a knowledgeable attorney's expertise to help remove squatters from your property.
To protect your property from squatters, ensure you do the following:
Pay your property taxes each year
Inspect your property regularly, especially if unoccupied
Ensure the property is well-secured with locked windows and doors
Use a reputable property management company if you live far away
Call the police immediately if you notice squatters living on the property
Knowing the laws and acting quickly can keep your property safe from squatters.]]>On Behalf of Riach Gese Jacobs, PLLChttps://www.riachgese.com/?p=472772022-12-27T18:20:54Z2022-12-20T18:19:19ZAvoiding probate
Trusts are also popular estate planning tools because they allow assets to be distributed discretely. When money is left to children in wills, the probate documents become part of the public record. Wills can also be challenged by disgruntled heirs, and these disputes are often bitter and contentious. The assets held in trust are no longer owned by the grantor’s estate, so they are not subject to probate.
Greater control
Some people choose to set up trust funds for their children because they want to have more control over when and how assets are distributed. Trust funds can be structured to disperse assets when children reach a certain age, or they can provide regular support payments. Trusts can also be set up to provide funds when children graduate from high school or college. Parents or grandparents can use trusts to help their children or grandchildren buy homes or start businesses, and trusts can also provide sobriety rewards to children struggling with drug or alcohol problems.
Irrevocable means irrevocable
Irrevocable trusts offer many benefits, but flexibility is not one of them. Once an irrevocable trust has been set up, the terms cannot be changed. This is why it is important to think carefully before drafting one of these documents. When used correctly, trust funds are versatile and useful estate planning tools. They make sure that crucial funds will always be available, and they encourage children to live responsibly and pursue their dreams.]]>On Behalf of Riach Gese Jacobs, PLLChttps://www.riachgese.com/?p=472742022-10-15T05:13:52Z2022-10-15T05:13:52ZUnderstanding guardianship and wardship
Many people think of guardianships as something that only applies to minor children who no longer have their parents. However, a guardian can also take care of incapacitated adults. The court appoints guardians to advocate and make decisions for these individuals, called wards, who can no longer make or communicate sound decisions. A guardian's responsibilities may include the following:
Coordinating and monitoring services the ward requires
Select medical and other providers
Making financial decisions
Providing the court with an accurate account of the ward's funds.
Guardians don't necessarily have control over all aspects of a ward's life. The court may deem a ward incompetent in one area but able to make decisions in another. In such situations, the court may appoint someone as a limited guardian. Whenever possible, a guardian should consult an adult ward regarding decision-making.
Exploring alternatives to guardianship
Before filing a petition seeking guardianship over your loved one, you should explore alternatives, as guardianship can limit certain rights of the affected individual. Among the other options to explore include:
Establishing durable power of attorney for health care and/or finances
Creating living wills and trusts
Establishing joint bank accounts
Arranging for services like home health care
Guardianship doesn't have to be permanent. Persons suffering traumatic brain injuries often aren't able to communicate immediately after the incident but eventually can do so. As a guardian, you can always terminate the status and restore full rights to your loved one.]]>On Behalf of Riach Gese Jacobs, PLLChttps://www.riachgese.com/?p=472712022-08-18T00:08:07Z2022-08-18T00:08:07ZPrince's mistake - Not having estate planning documents
Prince died in 2016 without leaving behind one of the most important estate planning documents: a last will and testament. This meant that his assets, which were worth more than 156 million dollars, were left to be divided following Minnesota's intestacy laws. He had six siblings and half-siblings and a federal inmate that claimed to be his son at the time. The court had to take care of all his affairs before finally giving the rest of his assets to his legal heirs. The late singer's estate was settled six years after his passing.
Michael Jackson's mistake - Failing to fund a trust
Michael Jackson created a trust in 1995 when he was just 37 years old. The purpose of the trust was to provide for his three children and their mother, but he failed to fund it. This meant that when he died in 2009, his entire estate - which was valued at half a billion dollars - went through probate. The process took almost four years to complete and cost his family millions of dollars in fees and taxes.
James Gandolfini's mistake - not planning for foreign property
When James Gandolfini died in 2013, he left behind an estate that was worth more than $70 million. He had property in the United States and Italy, but he didn't have any plans for what would happen to it after his death. As a result, his family had to go through the process of probate in both countries. This delayed the distribution of his assets and cost his heirs almost $30 million in death taxes.
Most people don't think or prepare for their death until it's too late. From the examples above, the government can take up to 40% of your assets in the form of death taxes, or your heirs can wait up to 6 years to receive their inheritance. But by meticulously planning and updating your documents, all these pitfalls can be avoided.]]>