Author: Beth McDaniel

Making Guardianships and Conservatorships Run More Smoothly and Less Expensively

By Beth A. McDaniel

 

On January 1, 2022, the adult guardianship laws changed in our state, bringing with it new document and notice requirements. An adult guardianship occurs when an adult needs assistance with housing and medical decisions and there is no suitable less restrictive alternative like a Durable Power of Attorney for Healthcare Decisions. An adult conservatorship occurs when an adult needs assistance with finances and there is no suitable less restrictive alternative like a Durable Power of Attorney.

It is common for parents of a developmentally disabled child to petition for guardianship/conservatorship when the child turns 18. Other situations in which an adult guardianship/conservatorship may be required include: 

  • When an adult becomes incapacitated prior to executing a Durable Power of Attorney.
  • When the adult has a Durable Power of Attorney, but the agent refuses to act, acts inappropriately, or dies and there is no alternate agent named.
  • Where there are ‘dueling Durable Powers of Attorney’ in which, for example, a parent has named different children who do not get along or have different ideas regarding what is in the parent’s best interest.
  • To protect an individual from reoccurring financial exploitation or the individual’s lack of judgment due to neurological impairment like dementia

 

Due to our needing to keep our over 90 current guardian and conservator clients up to date with the requirements of the new guardianship laws, our office is currently not taking new guardianship/conservatorship cases. If you or someone you know is contemplating guardianship or conservatorship, please contact our office for an attorney referral list.

It is important to know that an adult guardianship/conservatorship matter is subject to ongoing court review, typically annual or triennial, for the duration of the incapacity, the individual’s lifetime, or the individual’s execution of a Durable Power of Attorney (if possible), whichever is the shortest. If the individual’s only source of income is needs-based Social Security Income (SSI), we ask the Court to waive the requirement of providing to the court accountings for this income and to instead direct the conservator to attach representative payee reports to the conservator’s reports which coincide with the same reporting period.

 

Also, whenever possible, we ask the Court for a triennial review versus annual review to save the legal fees associated with annual reporting. The downside to a threeyear review, however, is they require our guardianship/conservatorship clients to be disciplined with keeping good records. To help our clients with the task, we will implement annual check-in calls with our conservatorship clients to review that year’s financial statements and get questions answered regarding any unusual deposits or disbursements.

 

Here are additional tips to save legal fees in a guardianship/conservatorship: 

  • Notify the attorney immediately if you or the individual subject to a guardianship/conservatorship relocates as a Notice of Change of Circumstances needs to be filed within 30 days of such a move.
  • Likewise, notify the attorney immediately if the individual subject to a guardianship/conservatorship dies as, per state law, a guardianship/conservatorship final report needs to be filed with the court and submitted for approval within 90 days of the death.
  • If the individual receives SSI, arrange for those funds to be deposited to a separate representative payee account. Any other income received should be deposited to a separate account from the SSI.
  • Save in a file each financial statement as soon as it becomes available or is received; immediately review the statement and make note of any unusual expenditures or deposits.
  • Avoid electronic transfers between the individual subject to a conservatorship’s account and your own account. Without fail, the purposes of transfers become forgotten and impossible to account for. An exception would be a monthly transfer from the individual’s account to the conservator’s account for rent.
  • Provide information needed to prepare accountings and reports when requested by the law office, as delays often require requesting orders to give additional time to file the report. Presenting such an order incurs more fees and costs.
  • Guardianship and Conservatorship clients should do their best to respond to e-mails and calls in a timely manner; otherwise, more legal fees will be incurred when follow-up emails and calls are required.
  • If you do not live with the individual and you are their guardian, know that the Court requires you to keep a log of all your visits with the individual. Thus, please keep such a log if you have not been doing so already

 

Also consider that, under the new statute, the individual subject to the guardianship/conservatorship now needs to be given notice of the filing of the report. This requires a mailing to the individual and giving the individual two weeks to object before the guardianship/conservatorship report can be submitted to the Court for approval. As letters of guardianship/conservatorship now expire in 120 days versus 150 days, there is a shorter window in which the report can be presented for approval prior to the letters expiring.

 

In short, adult guardianship/conservatorship can be costly and complicated. It is best to do everything to avoid it or mitigate it by having a proper Durable Power of Attorney or Trust when possible. If a guardianship/conservatorship is necessary, the guardian-conservator and attorney need to work as a team so that the filings are timely, and the costs are minimized. 

 

If you have questions about leaving property to a relative, guardianship/conservatorship, or would you like to discuss your estate plan, please contact our client care specialist, Margo Passeau, directly at (425) 296-3121 or by email at margo@bethmcdaniel.com

 

First Published: June 2023

Garn-St Germaine Act: What it is and how it may be relevant to you

By Beth A. McDaniel, JD, CELA

 

You are probably familiar with mortgage ‘due-onsale’ clauses. If a mortgage contains this clause, a sale or partial sale of the mortgaged property may require the mortgage or other loan to be paid off in full.

The Garn-St Germain Depository Institutions Act, signed into law by President Ronald Reagan on October 15, 1982  introduced adjustable-rate mortgages, removed interest limits on banks and savings and loans, affirmed that due-onsale clauses are legal, and provided several exceptions for a due-on-sale clause. Here are defined situations in which a due-onsale clause cannot be enforced: 

  • Creation of a second mortgage
  • Purchase money liens for household appliances
  • Termination of joint tenancies (where all joint tenants, but one, die or assign his or her interest to one remain tenant/owner)
  • Leases of less than three years
  • A transfer to a relative resulting from the death of a borrower and the relative uses the residence as his or her primary residence (note: the act does not define ‘relative;’ thus, nieces, nephews, or a stepchild are likely covered, but it is not clear)
  • Divorce or legal separation settlements or court orders
  • Transfers into an inter vivos trust (most commonly, a revocable living trust), if the borrower is a beneficiary of the trust
  • Transfers approved by the relevant federal agency

Note that the exceptions apply only to residential properties; however, a five-unit apartment or less would still qualify as residential property if a unit was occupied by the borrower.

It is helpful to know that inheritance of a house by a relative does not require the relative to refinance the property. The relative can continue to make payments on the existing mortgage.

Obviously, the relative should have the means to make the payments on time and in full along with the ability to pay other obligations associated with the property, such as insurance and property taxes. In this situation, it is optimal for the relative to have good credit should he or she wish to secure a better interest rate or more favorable terms than the original mortgage.

Should you intend for a relative to inherit your residence and assume your mortgage, unless the relative is your only child, you need to make this intention known in your will or trust. Upon your death, your acting trustee or courtappointed personal representative should familiarize themselves with the terms of your mortgage.

They should contact the mortgage company and request any mortgage assumption forms the company requires. Consider too that if there are other heirs who have an equal interest in the residence, the relative needs to have the means to pay the other heirs for their interest in the residence. Sometimes this can be done with other inherited assets, but not always.

 

For more information, or to schedule an appointment, please call 425-251-8880 or email info@bethmcdaniel.com

 

First Published: June 2023

What Washington’s ban on the sale of AR-15s and other semi-automatic rifles means for estate plans

By Beth A. McDaniel, JD, CELA

 

On Tuesday, April 25, 2023, Governor Inslee signed into law House Bill 1240, which made Washington the 10th state to ban the sale of AR-15s and other semi-automatic rifles.

 

By the next day, two federal lawsuits were filed in opposition to this new law; thus, the permanence of the law is still to be determined.

 

Section 3, Subsection 2 of the House Bill 1240 gives exceptions to the prohibition of manufacturing, importing, distributing, selling, or offering for sale any assault weapons.

 

One of the exceptions is transferring ownership of such a weapon upon death to a beneficiary. One of the requirements for this exception is that the beneficiary must be able to prove the decedent was the legal owner of the weapon, ideally by being in possession of a receipt which clearly shows the decedent was the legal owner of the weapon. Another feasible way to establish that the decedent was the legal owner is for the weapon to be specifically bequeathed to the beneficiary through a provision in a Trust or a Will.

 

Under the current law, a beneficiary can only sell or transfer an inherited assault weapon to a licensed dealer, a federally licensed gunsmith for purposes of repair, or to a law enforcement agency for the purpose of permanently relinquishing the weapon.

 

Since July 1, 2019, it has been the law in our state that ownership of inherited pistols and semi- automatic rifles must be transferred through a licensed dealer within sixty days of the owner’s death. It is also the law in our state that certain persons cannot possess firearms. For example, there are prohibitions related to ownership by someone under the age of twenty-one. Thus, there should be a plan for interim safe possession should someone want to name a beneficiary who is under the age of twenty-one.

 

In short, legal gun ownership requires responsibility and a working knowledge of related state and federal laws. Please contact our office should you wish to include provisions in your estate plan relating to the transfer of firearms or need a referral to a licensed dealer.

 

 

For more information, or to schedule an appointment, please call 425-251-8880 or email info@bethmcdaniel.com

 

First Published: May 2023

Funding Revocable Living Trusts

By Beth A. McDaniel, JD, CELA

 

Individuals and couples include revocable living trusts as part of their estate plan for a variety of reasons including probate avoidance, privacy, added incapacity protection, and estate tax planning (for couples).

 

For such an estate plan to be effective, all assets which would be subject to probate need to be retitled into the name of the trust.

 

Examples of such assets include real property; investment accounts; savings bonds; CDs; stocks; time share interests; bank accounts; interests in a partnership, corporation, or LLC; oil, gas, and mineral rights; and unsecured loans. In Washington, tangible personal property (vehicles, jewelry, household items, clothing, tools, art, etc.) is included in revocable trusts automatically via a general trust provision.

 

If it is discovered following the death of someone who had a Trust that one of the above assets was not properly retitled to the Trust, a probate may be required. This, of course, requires additional expense and may thwart the desire for privacy because of the requirement to provide notice of the probate to individuals who were specifically excluded as trust beneficiaries.

 

It is also possible for assets to pass to the Trust via beneficiary designation, including non- qualified annuities, life insurance, or investment accounts.

 

It is most common to not name the beneficiary of a 401K or IRA as a revocable trust, especially if the beneficiary is the survivor spouse or adult children. 

 

It is possible, however, to name a Trust as the beneficiary of a 401K or IRA with the same required minimum distribution requirements if the Trust contains qualifying language. Naming a Trust as the beneficiary should be considered when there is a minor or disabled beneficiary. In addition, a Trust can be the beneficiary of an IRA or 401K when it is a second marriage, and the account owner wants his or her spouse to receive the required minimum distributions but also assure that his or her children receive the remainder should the survivor spouse die with funds remaining in the 401K or IRA. Note that in most cases the decedent’s interest in the 401K rolls over to an inherited IRA.

 

It is important that your Durable Power of Attorney document allows for your agent to transfer assets or change beneficiary designations to your Trust if necessary.

 

Yes, transferring all the above assets to a Trust takes time and effort; however, a ‘fully-funded’ Trust is certainly a gift to your named Trustee – and trust beneficiaries — as it will make your estate a lot less time-consuming and expensive to administer.

 

 

For more information, or to schedule an appointment, please call 425-251-8880 or email info@bethmcdaniel.com

 

First Published: May 2023

Beth Goes on a Field Trip

By Beth A. McDaniel, JD, CELA

 

On Monday, March 27, 2023, my colleague Megan Farr and I met at Recompose for a 5:00 PM tour. For those that are not familiar, Recompose is a full-service, green funeral home located just south of downtown Seattle.

 

Recompose, which opened in August 2020, first in Kent, Washington, and now in Seattle, Washington, is the first human composting company in the world.

 

During the composting process, the human body, surrounded by wood chips, alfalfa, and straw, becomes one cubic yard of soil within eight to twelve weeks. Prior to becoming soil, teeth and bones are ground and titanium parts are donated. All or part of the soil can be picked up by family and the remainder is donated to Bell Mountain, a 700-acre nonprofit trust located in southern Washington.

 

Recompose currently offer tours to the public on Fridays at 5 PM and on Saturdays at 1:00 PM. When I turned on to the street where Recompose is located, I wondered whether I would be able to find it as not all the street numbers on the buildings were clearly visible; however, the large earthythemed collage on the side of Recompose’s building made the small street number on its front door superfluous.

 

The Tour. The interior of the building is decorated in soothing earth tones.

 

Each meeting room off the reception area is named after a tree. The midcentury furnishings make it cozy and timeless. The wall behind the reception area is covered with an amazing array of mosses and the reception desk itself looks like it was built out of reclaimed wood. We were told that the large photos displayed throughout the building were taking at Bell Mountain.

 

On arrival, the tour participants were invited to go into the largest meeting room off the entry to help ourselves to a tray of assorted cans and bottles of still and sparkling water. The tour started back in the reception area where it was explained that the first room we were to see was where loved ones are welcomed to spend time with their loved one’s body, followed by the ‘greenhouse’ where the compost vessels are kept.

 

The tour concluded in the ‘gathering space,’ a long narrow room which can comfortably host twenty-five people. It is in this room where loved ones can hold a ‘laying in’ service, analogous to a graveside service, in which the body is placed into a vessel and the door to the vessel is closed.

 

It is in this room where loved ones can hold a ‘laying in’ service, analogous to a graveside service, in which the body is placed into a vessel and the door to the vessel is closed. According to staff, there are many ways services are conducted, and they have been presided over by officiants of many different faiths. The body is wrapped in a shroud during the laying in service. Per staff, the face and/or hands can be exposed pursuant to request.

 

My takeaway. I was impressed and think that human composting is a great alternative to burial or cremation. I was further impressed with the founder Katrina Spade, who has literally created a new death care industry. Human composting was a project of Katrina’s when she was in architecture school. At the time, she wanted to create an urban alternative to green cemeteries. I was pleased that Katrina was one of the two individuals who led my tour. It was meaningful too that Katrina’s parents, brother, sister-in-law, and infant nephew were also on my tour. I was so impressed with Katrina by the end of the tour, that I asked her if Megan and I could have a photo with her.

 

The Future. I found it interesting to learn that 30% of Recompose’s ‘clients’ (how Katrina described the decedents) are from out of state. Additionally, Katrina said that 25% of the over one thousand individuals who are pre-paying for their recompose plans are under the age of fifty. 

 

A plan costs $7,000, which is obviously more expensive than cremation, but clearly less expensive than burial. The only individuals who are not eligible for recompose are individuals who received radiation seed implants within 30 days of death or whose cause of death were Ebola, prion diseases such as CreutzfeldtJackob Disease, and tuberculosis.

 

A personal note: my father-in-law’s cause of death, pursuant to an autopsy, was Creutzfeldt-Jackob Disease, whereas his death certificate initially said the cause was Alzheimer’s Disease. I will write more about my beloved father-in-law, a World War II veteran, on another occasion.

 

In May 2019, human composting became legal in Washington. In May 2021, it became legal in Colorado. In June 2021, it became legal in Oregon. In June 2022, it became legal in Vermont. In September 2022, it became legal in California and will go into effect in January 2027. In December 2022, New York became the sixth U.S. state to make human composting legal. Since January 2023, legislation has been introduced in Massachusetts, Maryland, Illinois, Maine, Rhode Island, and Minnesota. Clearly human composting is something whose time has come, and it is worth investigating whether it may be right for you or a loved one. For more information, go to https://recompose.life

 

 

For more information, or to schedule an appointment, please call 425-251-8880 or email info@bethmcdaniel.com

 

First Published: April 2023

A Reminder of the Importance of Proper Estate Planning

By Beth A. McDaniel, JD, CELA

 

Estate planning is a crucial step in ensuring that your wishes are carried out after your death.

 

Having an up-to-date estate plan can give you peace of mind knowing that your family, loved ones, and/or causes you support will be taken care of when you are gone. It is important to review and update your estate plan regularly to make sure it reflects any changes in the law, life events, or relocation.

 

A comprehensive estate plan includes a Will, powers of attorney for health and finances, HIPAA authorization, healthcare directive, advanced dementia directive, and directive regarding disposition of remains. A comprehensive plan may also include a revocable living trust to help eliminate probate and/or to provide a mechanism to manage assets upon your incapacity.

 

Wills should be updated as your life changes, including deaths, divorces, new relationships, estrangements, or births. Wills should also be updated as your life evolves. For example, if you have minor children, it’s likely that not only will your children someday no longer need a legal guardian, at some point they may be able to take on fiduciary roles like personal representative under a Will or agent under a durable power of attorney. Your planning needs may change as your estate increases. For example, did you know that Washington state has an estate tax for estates over $2.193 million and that if a married couple does proper planning they can protect twice that much?

 

An estate plan may need to be revised late in life in consideration of a possible longterm care need or to best provide safeguards against financial exploitation by a family member, neighbor, or caregiver at a time when you are most vulnerable and will rely on others for assistance.

 

It is the best practice to update Durable Powers of Attorney every 4-5 years. Some institutions may consider older powers of attorney stale and be reluctant to honor them. The same applies to health care directives.

 

Directives regarding disposition of remains should be updated as your wishes become more clear and perhaps to take advantage of newer available options like composting or alkaline hydrolysis.

 

In summary, just as your finances need to be regularly reviewed, so do your estate planning documents so that they are current under the law, are in accordance with your wishes, and most appropriate to your circumstances. 

 

 

For more information, or to schedule an appointment, please call 425-251-8880 or email info@bethmcdaniel.com

 

First Published: March 2023

New study highlights seven lifestyle factors that may prevent dementia as you age.

By Beth A. McDaniel, JD, CELA

 

A new preliminary study regarding factors which may prevent dementia was released on February 27, 2023, and its findings will be presented at the American Academy of Neurology’s Annual Meeting in April 2023.

 

During the study, 13,270 women were followed for 20 years to analyze their risk for developing dementia. At the end of the 20-year study, 13% of the study’s participants had developed dementia.

The main takeaway is that the American Heart Association’s ‘Life Simple Seven,’ which are the most important predictors of heart health and cardiovascular health, are also good for promoting good brain health:

  1. Being Active
  2. Eating a better diet.
  3. Maintaining a healthy weight
  4. Not smoking
  5. Keeping normal blood pressure
  6. Controlling cholesterol
  7. Having low blood sugars

In short, although not all dementia risks can be modified, such as genetics, the more eliminated unhealthy habits, the lower your dementia risk will be in the future.

 

For more information, or to schedule an appointment, please call 425-251-8880 or email info@bethmcdaniel.com

 

First Published: March 2023

Why Do I Have a Trust?

By Beth A. McDaniel, JD, CELA

 

Sometimes estate planning documents are signed which sound really great and appropriate at the time, but the purpose for those documents – and whether they are still wanted – or needed – may become less clear over time.

 

Revocable Living Trust. – Definitions: A Revocable Living Trust is a document created by one or more persons during his or her lifetime – “Revocable” implies that the trust’s creator (“Trustor” or “Settlor”) can revoke or amend the Trust provided he or she is competent and able to do so. For a Revocable Living Trust to be effective, the Trustor’s assets (real properties, accounts, stocks, bonds, and any other assets which would otherwise be subject to probate), need to be retitled into the Trust’s name. For example, instead of an investment account being owned by ‘John R. Smith, the ownership would be changed to the ‘John R. Smith Trust’. The process of retitling assets into the Trust’s name is referred to as “funding the trust.”. 

 

The Trustee of the Revocable Living Trust is the person, persons, or corporation who manages the Trust’s assets in accordance with the Trust’s terms. Typically, the Trustor serves as the Trustee until he or she dies, resigns, or is no longer able to do so due to incapacity. When the Trustor can no longer serve as Trustee, the named successor Trustee continues to manage the Trust’s assets. The Trustee has the highest fiduciary responsibility under the law with regards to the management and distribution the assets in accordance with the terms of the Trust Agreement.

 

An individual who creates a Revocable Living Trust, still must have a Last Will and Testament, also known as a “Pour over Will.” The sole beneficiary of a Pour over Will is the Revocable Living Trust. The Pour over Will used only if it was discovered after the Trustor’s death that one or more assets were in the Trustor’s sole name (versus the Trust) and thus subject to probate. 

 

Pros of a Revocable Living Trust: If a trust is fully- funded (everything which is otherwise subject to probate has been retitled into the Trust name), there will be no probate upon Trustor’s death. If the Trustor (or his agent) retitles property interests he or she has in other states into the Trust prior to death (including time share interests), probate will be avoided in those states as well.

 

In simplest terms, probate is the process is in which a court order is signed stating the Will is the Last Will and appoints an individual (“personal representative”) to carry out the Will’s terms. There are many statutory deadlines the personal representative must meet. In most cases, the attorney fee is the largest fee in a probate.

 

In Washington, the attorney can charge a ‘reasonable fee,’ which is typically hourly. In other states, the attorney gets a percentage of the probate assets (ranging from 6% to 10%, depending upon the state) as the fee. In most Washington probates, the attorney fee is less than 1%. An average probate takes 18 months to complete.

 

Different from a probate, with a Revocable Living Trust, upon receipt of a death certificate, the successor Trustee (the person or company whom the Trustor has designated to be Trustee upon his or death) will be empowered to administer the Trust. This includes paying creditors, selling assets, and ultimately distributing the assets to the beneficiaries. In a typical trust administration, the attorney’s involvement is to help provide notice to the Trust beneficiaries, to prepare documentation which shows the Trustee is authorized to act, to prepare a final account for the Trust’s beneficiaries, and finally to prepare receipts, releases, and waivers for the beneficiaries to sign once they receive all the assets to which they are entitled. Trust administration is ultimately a gift to the successor Trustee, who is likely a busy individual with other life demands. 

 

Unlike a probate, Trust administration is private. Thus, the terms and beneficiaries of a Revocable Living Trust do not become a matter of public record.

 

Unlike a Last Will and Testament which is state law specific, if all assets are titled in the name of your Revocable Living Trust, it does not matter where you live as your estate will not be subject to the probate court. However, if you do relocate, it is advisable to meet with an attorney of the new state so, at minimum, an amendment can be created which states that if there is a dispute the law of that state will apply.

 

A Revocable Living Trust can be a great vehicle in the case of incapacity as it provides for the continuous management of the Trust assets when the Trustor is no longer able. It is possible to have an incapacity plan with a Last Will and Testament through a General Durable Power of Attorney; however, a General Durable Power of Attorney may not cover every financial situation.

 

It is still important for someone who has a Revocable Living Trust to also have a General Durable Power of Attorney to cover situations outside the Trust, such as the ability to sue on your behalf, transfer assets to the Trust, file for bankruptcy, revoke documents, change beneficiary designations, manage your retirement accounts, and file taxes.

 

An agent under a Power of Attorney cannot access Trust assets. Thus, if a neighbor or caregiver with ill intentions persuaded you to appoint them as power of attorney, the financial damage would be minimized as they would not be able to access your Trust assets.

 

Compared to a probate, it is more difficult to contest a Revocable Living Trust. In a probate, if someone wishes to contest a Last Will and Testament, he or she simply needs to file a motion and note a hearing. In contrast, to contest a Revocable Living Trust, an individual would need to hire a lawyer (and likely pay the lawyer a sizeable advance for the attorney’s fees) to commence a lawsuit.

 

Cons of a Revocable Living Trust: -There are three significant cons to a Revocable Living Trust. First, there is more initial expense for creation of a Revocable Living Trust versus a Last Will and Testament. The initial expenses for the Trust may be two to three times more.

 

However, as stated above, if the Revocable Living Trust is fully funded (there are no assets outside of the Trust which are subject to probate), with little exception, the Trust administration will be significantly less costly than a probate.

 

Second, there is more work initially in that any asset otherwise subject to probate (real property, accounts, stocks, bonds, partnership interests, etc.) must be retitled into the Trust name. One way to look at it is that you do the work that otherwise would be done in a probate to make your estate more organized and easier to administer for your successor Trustee.

 

Third, as previously mentioned, unlike a Last Will and Testament which, aside from a periodic review, you can tuck away in a safe place and forget about, you must remember that you have a Revocable Living Trust. Thus, any time you acquire a new property or open a new account, you need to make sure the new asset is in the Trust name. Otherwise, although a Revocable Living Trust may be properly funded initially, years later there may be assets outside the Revocable Living Trust requiring a probate.

 

Is a Revocable Living Trust right for you?

There are definite circumstances in which a Revocable Living Trust should be considered:

  1. You own real property interests in other states
  2. You own multiple parcels of real estate (the more real estate an individual owns, the more drawn out – and expensive – probate will be)
  3. You want to privatize the administration of your estate, for example, to avoid a possible Will contest
  4. You are concerned about the continuous management of your assets upon incapacity
  5. You think you may relocate to another state
  6. You want to make it more difficult for someone to contest the administration of your estate
  7. You want to make the administration as simple as possible
  8. You want to better protect yourself from financial exploitation
  9. You are married and have assets which total more than $2,193.000.00. In this case estate tax planning should be considered. In this situation, a Trust can help avoid two probates (one on the first death and one on the second death).

 

You may not be a candidate for a Trust if?

  1. Your assets are less than $100,000.00 and you do not own real estate
  2. All your assets are considered ‘nonprobate’ and thus will transfer to beneficiaries outside of probate. Here, it is important that , none of your beneficiaries are irresponsible, disabled, or a minor, and you have planned for payment of your final arrangements, liabilities, and administrative expenses
  3. A Last Will versus a Revocable Trust is your preference

 

 

For more information, or to schedule an appointment, please call 425-251-8880 or email info@bethmcdaniel.com

 

First Published: February 2023

It is heart month

By Beth A. McDaniel, JD, CELA

 

February is American Heart Month, providing a good opportunity to better understand the risk factors for heart disease and how to live a more heart-healthy lifestyle. According to the World Health Organization (WHO), cardiovascular disease is the world’s number one cause of death. Per the Centers for Disease Control and Prevention (CDC), it is the leading cause of death in the United States for men, women, and people of most racial and ethnic groups.

 

Symptoms of Heart Disease: Common symptoms of heart disease include shortness of breath; chest pain; pain that radiates in the back, neck, and shoulders; irregular heartbeat; heart palpitations; fatigue; dizziness or confusion; nausea; and sweating. Additional symptoms for heart failure include a cough producing white or pink phlegm; swelling of the abdomen and ankles; rapid weight gain; and frequent urination.

 

Note: If symptoms come on suddenly, medical treatment should be sought immediately in an ER – not a doctor’s office or urgent care clinic. Rapid-onset symptoms may include sudden, extreme weakness and shortness of breath;, radiating pain through the left arm, back, and neck; nausea, vomiting, and lightheadedness; fast, irregular heartbeats; chest pain; or chest discomfort. Source: entirelyhealth.com.

 

Heart Disease Prevention Now for good news. According to the NIH’s National Heart, Lung, and Blood Institute there are some actions that you can take to reduce your risk for heart disease, even if you have a family history or genetic predisposition. Here are some good ways to reduce your risk for heart disease:

 

  • Engage in daily physical activity, like a 30-minute brisk walk
  • Cook and consume meals that are low in sodium and unhealthy fats
  • Take prescribed medications and keep medical appointments
  • Sleep for 7-8 hours per night
  • Regularly engage in stress reducing activities like knitting, yoga, a bath, reading a good book, or watching puppy or kitten videos – whatever is your cup of tea
  • Embrace technology by using a wearable device that can measure your sleep, heart rate, and steps
  • Engage in positive, close personal relationships

 

To learn more, consult your physician or visit CDC.gov/heartdisease/facts. Also, don’t forget to wear red on National Wear Red Day

 

If have questions or wish to make an appointment, please contact our client care coordinator, Margo Passeau, at (425) 296-3121.

 

First Published: February 2023

Live Alone? Please read this:

By Beth A. McDaniel, JD, CELA

 

In 2021, according to the U.S. Census, there were 37 million one-person households in the United States, representing 28 percent of all households, and 15 percent of the overall U.S. population.

 

Although there are many upsides to living alone, one significant downside – regardless of whether you are 24 or 94 — is that others may not know about a health emergency until it is too late. 

 

For example, U.S. clinical trials suggest that drugs which dissolves clots and restores blood flow (tissue plasminogen activator or ‘tpa’) should not be used more than three hours after the onset of a stroke. Further, a Cornell physician responsible for training medical professionals estimates 60 percent of non-fatal falls occur inside the home. In short, precious time can be lost if others don’t know that you are hurt or in a health crisis. This lost time may cause permanent health issues or in extreme cases the required disposal of your entire house’s contents (except for possibly glass) due to your body’s being undiscovered for a significant period.

 

Thankfully, there is technology which can alert emergency contacts if something is amiss. Here are just a few of the options:

 

Snug App. With this app, available for apple and android phones, you check in every day by pressing a button (as a bonus, pressing the button is followed by the receipt of a daily inspirational quote). If you do not check in within ten minutes, your emergency contacts will receive a text (with the free version), or, with the paid version, a dispatcher will call and reach out to your contacts if you do not answer your phone. If the dispatcher does not receive confirmation that an emergency contact has checked in on you, the dispatcher will call 911 to request a welfare check at your cell phone’s last known location. For more information, go to www.snugsafe.com.

 

Medical Alert Systems. These systems include a base unit and wearable accessories like pendants or wristbands. Pendants usually are used as fall detectors; whereas wristbands contain GPS tags which allow caregivers, through a phone app, to track your activities and respond to emergencies.

 

Apple Watch. An Apple Watch SE or Apple Watch Series 4 can be set up to detect a hard fall while wearing the watch. If the watch detects you are moving following a fall, it waits for you to respond before calling emergency services. After you are immobile for more than a minute, the watch will send a message to an emergency contact in your Medical ID.

 

In short, individuals living alone, regardless of age, should take steps to assure someone will be notified upon a medical emergency. Otherwise, you may need to wait until a co-worker requests a welfare check (if you are still employed) or hope that a neighbor happens to notice a change in your routine. For example, one of our client’s neighbors knew something was amiss when he didn’t open his front drapes one morning. Using simple technology, emergency contacts or first responders can be notified before it may be too late.

 

If have questions or wish to make an appointment, please contact our client care coordinator, Margo Passeau, at (425) 296-3121.

 

First Published: January 2023