Presentation by Jonathan Sprouffske, JD for Providence Cancer Survivor Celebration on June 2, 2012 in Olympia, Wash.

1. Family Conversations
about Legal Concerns
Jonathan A. Sprouffske, JD
Connolly Tacon & Meserve, P.S.
OlyLaw.com
(360) 943-6747

2. Topics to be Covered
 What is Estate Planning?
 Talking with Family about Estate Planning
 Health Care Directives
 Durable Powers of Attorney
 Community Property Agreements
 Wills
 Intestacy
 Probate
 Probate Assets vs. Non-Probate Assets
 Living Trusts vs. Testamentary Trusts
 Estate Taxes

3. What is Estate Planning
• Not only for the wealthy.
• Provides for you during your lifetime.
• Expresses your wishes for end of life
decisions.
• Provides for others after your death.

4. “The Talk”
• Every family is different.
• Most importantly be sincere.
• Have a proposal.
• Make it personal.
• Communicate the values that are
important to you.
• Follow it up with a letter.

5. Health Care Directives
• Living Will, Do Not Resuscitate Orders,
Health Care Directives.
• Provides directives to physicians or
emergency personnel regarding health
care treatment.
• If over 18, with “serious health conditions”
consider a POLST form. (Physician
Orders for Life-Sustaining Treatment)

6. Durable Powers of Attorney
• Financial Decisions
• Healthcare Decisions
• May not be able to access personal health
information from a medical provider
without HIPAA language.
• Valid only during your lifetime.

7. Community Property Agreement
• An agreement between a married couple
giving all of the assets to the surviving
spouse.
• Purpose is to assist in avoiding taxes and
probate.
• Probate might still be needed upon the
death of both spouses.
• Not appropriate for everyone.

8. Intestacy
• Dying without a will.
• Distribution is done according to state law.
• Probate is more expensive.
• The people inheriting might not be who
you would like them to be.
• Unable to plan for estate taxes.

9. Estate Taxes
• Are subject to change.
• Current WA estate tax exemption is
$2,000,000.
• Current federal estate tax exemption is
$5,000,000.
• Doubled for married couple.

10. Wills
• Specifies who you want to inherit.
• Governed by State Law.
• Must be properly executed.
• Specific recording requirements.

11. Probate
• Transferring assets
• Paying Creditors
• Probate Process
– Probate Open
– Notice to Creditors and Heirs
– Creditor’s Claim Period
– Notice of Completion
– File Final Tax Return

12. Non-Probate Assets
• Beneficiary Designations
• Transfer on Death
• Payable on Death
• Joint Tenancy with Right of Survivorship

13. Living Trusts
• Main Purpose – Avoid Probate
• Beware of Scams
• Costs
• Upkeep
• Still may need an attorney’s assistance
upon death.

14. Testamentary Trust
• Built into a will.
• Designed to take effect after your death.
• Examples:
– Disclaimer Trust
– Trust for Children or Grandchildren
– Special Needs Trust

15. Questions?