Legal Question in Wills and Trusts in Washington

Re: wills

Mr. Steuart's advice is correct. I also add that a Durable Power of Attorney and a health care directive can really help your survivors deal with otherwise difficult issues. Wills are just about your stuff - DPOAs and HCDs deal with your quality of life in the event you are alive and require care.

Hope this helps. Powell

Re: wills

While I agree with the other answers, I would add a couple of important reasons to consider a Will and, if applicable, a community property agreement. Those are cost and time. A "testate" (with will) probate is less complex and faster than an "intestate" probate. If applicable, a community property agreement can avoid probate entirely. Also the real property is most likely held as husband and wife and not joint with right of survivorship. You want this to be able to take advantage of a step up in basis but the result is that the real property does not avoid probate. In the vast majority of cases it makes sense to keep the property as husband and wife and to have an estate plan (will and perhaps CPA). In the end, I tell anyone with real property that they should have a will.

Re: wills

The major questions that I would put to you are: What if both of you died at the same time (or before the survivor can execute a will), are you satisfied with your estate being distributed by operation of law? Are you confident that in that event that your heirs (people who take your estate in the event that you die without a will) will be agreeable about who should administer your estate and that the heirs will be reasonable in the division of your estate? If the answer is to both questions are yes, a will may be less important. Wills help smooth these transitions during times that are often highly stressful for family members, and they give courts guidance on how your estate is to be disposed of and who you designate to administer that process.