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Seattle Guardianship and Probate Lawyers
Legal help in estate and probate matters from our Seattle attorneys
Elder law includes guardianships, conservatorships, probate, wills, estates, and trusts. It can also include issues involving Medicaid or Veteran Assistance benefits. Whenever a legal dispute arises in these areas or if you would just like to set up a guardianship or conservatorship for a loved one, the Seattle guardianship and probate lawyers at Smith McBroom are the right choice for you. Our firm offers every service families need to respond to the current and future challenges of disputes arising from long-term illness and disability, including estate planning, asset protection, and more. Protecting vulnerable people includes our work with disabled children, disabled adults, and elders needing protection.
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What is a guardianship?
A guardianship is a legal relationship in which an individual, known as the guardian, is appointed by a court to make personal decisions about healthcare, living arrangements, education, safety, and self-care on behalf of another person, known as the ward or incapacitated person. Guardianships are typically established for individuals who are unable to make decisions for themselves due to age, incapacity, or disability.
What is a conservatorship?
Similar to a guardianship, a conservatorship is also a legal relationship in which an individual, known as the conservator, is appointed by a court to make financial decisions about the money and property of another person, known as the ward or incapacitated person. The conservator is often responsible for managing the ward’s assets, paying bills, and making financial decisions on their behalf. Conservatorships are typically established for individuals who are unable to make decisions for themselves due to age, incapacity, or disability.
Why would I need a guardianship or conservatorship?
Guardianship is typically established when a court determines that an individual cannot make important decisions for themselves. This may be due to factors such as age, mental illness, developmental disabilities, or other conditions that impair decision-making abilities. The court process for establishing guardianship involves a legal proceeding where evidence is presented to demonstrate the need for a guardian and the suitability of the proposed guardian.
It's important to note that guardianship is a significant legal intervention, and the court seeks to balance the protection of the incapacitated person’s rights with the necessity of having someone make decisions in their best interests. Alternatives to guardianship, such as powers of attorney, protective arrangements, and advance directives, are often explored before resorting to guardianship to ensure the least restrictive option is chosen.
A guardianship may become necessary under various circumstances when an individual is unable to make crucial personal and/or financial decisions due to factors like incapacity, disability, or other challenges. The need for a guardianship could arise for several reasons:
- Mental incapacity, which includes conditions such as cognitive decline, mental illness, or other impairments that compromise an individual's ability to make sound decisions. In such cases, guardianship may be sought to ensure the person's well-being and protect them from potential harm.
- Developmental disabilities can also prompt the establishment of a guardianship. Individuals with intellectual disabilities or conditions affecting decision-making abilities might require a guardian to manage their personal and financial affairs.
- Physical incapacity, resulting from severe disabilities or medical conditions that hinder communication or decision-making, could lead to the appointment of a guardian to act on behalf of the affected individual.
- Age-related incapacity is another common scenario. Elderly individuals facing challenges related to cognitive decline or dementia may need guardianship to ensure their safety and address their needs.
Guardianships might also be considered to protect individuals from exploitation or abuse, particularly if there are concerns about their vulnerability.
In emergencies where immediate harm is imminent, and an individual cannot make decisions, temporary or emergency guardianship may be pursued to address the person's urgent needs.
What is probate?
The Washington State Bar Association defines probate as follows:
Probate is a legal procedure for administering the estate of the decedent (the deceased person). Probate involves collection of all the decedent’s assets; determination of the proper beneficiaries and notification of their interests; notifying and paying legitimate creditors; filing any required tax returns and paying any taxes due; and finally distributing the decedent’s assets to the proper beneficiaries.
In Washington, a court-appointed personal representative, usually a family member, is responsible for settling the estate of a deceased person. The personal representative's responsibilities include:
- Collecting assets
- Paying taxes and debts
- Transferring assets to beneficiaries
- Managing tax issues
- Distributing remaining assets according to the person's will
- Closing the probate
In Washington, probate laws don't always require a probate proceeding to be filed after death, even if the decedent had a valid will. However, if someone dies without a will, a petition must be filed with the court to appoint an estate's executor, usually a family member.
When would I need to go through Seattle probate?
Probate is often required in several situations:
- No will (intestacy). If a person dies without a valid will, their estate is distributed according to the laws of intestacy. Probate is necessary to appoint an administrator to manage and distribute the assets according to legal guidelines.
- Valid will. Even if there is a valid will, the probate process is typically required to authenticate the will and ensure its legality. This involves presenting the will to the court and obtaining its approval.
- Real estate ownership. If the deceased person owned real estate solely in their name, probate is usually required to transfer the property to the heirs or beneficiaries.
- Assets in sole name. Probate may be necessary for assets held solely in the deceased person's name, such as bank accounts, investments, or vehicles.
- Creditor claims. Probate provides a mechanism for creditors to make claims against the deceased person's estate. The process allows for the orderly payment of debts and distribution of remaining assets to beneficiaries.
It's important to note that not all assets or estates are subject to probate. Some assets may pass directly to named beneficiaries outside of probate, such as life insurance policies, retirement accounts with designated beneficiaries, and assets held in a living trust.
Do you have a Seattle guardianship and probate attorney near me?
Smith McBroom is located at 16400 Southcenter Parkway, Suite #210, Seattle, Washington, 98188. We’re right off I-5 and I-405 near Southcenter Mall. There is a bus stop near our office, and we offer free on-site parking.
Help with guardianship and probate matters from our Seattle-area attorneys
Are you in need of a dedicated and knowledgeable guardianship or probate lawyer to guide you through challenging legal processes? Our Seattle guardianship and probate attorneys are here to offer personalized support tailored to your unique situation. Don't navigate these intricate matters alone—let us advocate for your rights and help you achieve the best possible outcome. Go ahead and schedule a consultation today by calling our offices or filling out our contact form.