Estate Planning, Trusts, and Charitable Legacies

Thoughtful estate planning for individuals, families, property owners, and clients with substantial or complex assets.

An effective estate plan should do more than distribute property after death. It should reflect your intentions, protect the people and causes important to you, provide clear instructions to those responsible for carrying out your wishes, and anticipate problems before they arise.

I assist clients with wills, trusts, powers of attorney, health-care directives, trust amendments and restatements, beneficiary planning, and related estate-planning matters.

My practice is based in Kent, Washington, serving the Greater Seattle area. I am also licensed to practice law in California and Arizona, which can be particularly useful when estate-planning issues involve property, family members, or existing legal documents in more than one state.

Estate Planning for Complex Assets

Some estates are relatively straightforward. Others involve multiple properties, substantial investments, business interests, intellectual property, charitable commitments, blended families, beneficiaries with special needs, or existing trusts that no longer reflect the client's circumstances.

These situations require careful attention to the governing documents, asset ownership, beneficiary designations, fiduciary authority, tax considerations, and the practical administration of the estate.

My goal is to help clients develop an estate plan that is legally sound, understandable, and capable of being administered as intended.

Revocable Living Trusts

A revocable living trust can provide a framework for managing assets during life and transferring property after death. Depending on the circumstances, a properly designed and funded trust may reduce the need for probate, provide continuity during incapacity, and establish detailed instructions for successor trustees.

I assist clients with:

• creating revocable living trusts;
• reviewing existing trusts and estate plans;
• amending or restating trusts;
• coordinating wills and beneficiary designations;
• identifying and selecting successor trustees;
• planning for incapacity;
• transferring real estate into trusts; and
• evaluating whether an existing trust remains appropriate.

A trust should not simply be signed and forgotten. Changes in family circumstances, assets, residence, tax laws, and personal objectives may make periodic review important.

Trust Amendments and Complete Restatements

Many clients already have estate plans prepared years or even decades earlier. Those documents may contain outdated provisions, references to deceased individuals, superseded beneficiary instructions, obsolete tax language, or arrangements that no longer reflect the client's wishes.

Sometimes a limited amendment is appropriate. In other circumstances, a complete trust restatement provides a clearer and more coherent solution.

I review the existing trust, amendments, related wills, powers of attorney, property ownership, and other relevant documents before recommending a course of action.

The objective is to produce an integrated plan rather than a collection of inconsistent documents.

Washington Estate Tax and Tax Planning Coordination

Washington has its own estate tax, separate from the federal estate tax. An estate that does not owe federal estate tax may nevertheless have Washington estate-tax exposure.

Estate planning for clients with substantial assets should consider the interaction of state and federal estate taxes, available exclusions and deductions, marital planning, charitable giving, asset ownership, and the anticipated administration of the estate.

I assist clients in identifying estate-tax issues and coordinating appropriate planning with accountants, financial advisers, and tax professionals. Tax calculations and planning recommendations depend on the applicable law and the client's particular circumstances.

Charitable Giving and Lasting Legacies

For some clients, estate planning is not solely about transferring wealth to family members. It is also an opportunity to support education, literature, the arts, charitable organizations, community institutions, or other causes that have been important throughout their lives.

Charitable estate planning may involve:

• specific gifts to charitable organizations;
• charitable provisions in wills and trusts;
• long-term gifts administered by trustees;
• coordination with existing charitable foundations;
• planning for the management and distribution of charitable assets;
• selection of fiduciaries and advisers; and
• consideration of applicable charitable and estate-tax rules.

Charitable arrangements can create significant legal, tax, and administrative responsibilities. Depending on the structure, coordination with nonprofit and tax counsel may be appropriate.

Literary, Creative, and Intellectual Property Assets

Traditional estate-planning documents may not adequately address every type of property.

Authors, artists, creators, and owners of intellectual property may have assets that continue generating income long after death. These may include copyrights, publishing agreements, royalties, licensing rights, contractual interests, and other intangible property.

Estate planning for these assets may require consideration of who will control them, who will receive the income, how existing contracts affect transfers, and whether a trustee or other fiduciary has the appropriate authority and resources to manage them.

I assist with estate-planning and trust-document issues involving these types of assets and coordinate with appropriate intellectual-property or other specialized counsel when necessary.

Planning for Beneficiaries with Special Circumstances

Not every beneficiary should receive an inheritance outright.

A beneficiary may be young, financially inexperienced, disabled, receiving public benefits, or otherwise in need of ongoing management or protection.

Depending on the circumstances, an estate plan may provide for continuing trusts, staged distributions, discretionary trustee authority, or specialized planning designed to address the beneficiary's needs.

Special-needs planning requires particular care because the ownership and distribution of assets may affect eligibility for means-tested public benefits.

Multistate Estate Planning

Families and property owners frequently have connections to more than one state. A person may live in Washington but own property in California or Arizona, have family members elsewhere, or possess an estate plan originally prepared under another state's laws.

I am admitted to practice in Washington, California, and Arizona.

This multistate background can be useful when reviewing existing estate plans, identifying differences in state law, coordinating real estate ownership, and determining whether documents should be updated after a change of residence.

Each situation requires an examination of the applicable law, property interests, and legal documents.

Choosing Trustees and Other Fiduciaries

An estate plan is only as effective as the people responsible for implementing it.

Trustees and personal representatives may need to manage investments, safeguard property, maintain records, communicate with beneficiaries, coordinate tax filings, resolve disagreements, and make difficult decisions over an extended period.

Selecting an appropriate fiduciary involves more than choosing a trusted relative. The person must have the willingness, ability, judgment, and authority to perform the required duties.

I help clients consider successor trustees, personal representatives, agents under powers of attorney, and other fiduciary appointments as part of the estate-planning process.

Real Estate and Trust Funding

Real estate often represents a substantial portion of a family's wealth.

An estate plan should account for how property is titled, whether it is intended to be held in trust, how it will be managed during incapacity, and what should happen to it after death.

I assist with deeds, property transfers, title-related questions, inherited real estate, and real estate matters connected with trusts and estates.

Creating a trust does not automatically transfer every asset into it. Proper funding and coordination of ownership are essential considerations.

A Personal, Practical Approach

Estate planning is personal. Clients should understand their documents and feel comfortable asking questions about provisions that may affect their families and property for decades.

I work directly with clients to understand their objectives, review relevant documents, identify legal issues, and develop an appropriate plan.

My background includes many years working in technology with Boeing's IT organization. That experience contributes to my document-focused approach and my comfort working with detailed records, complex information, and electronic communications.

Consultations and document reviews can often be conducted remotely. In-person meetings can be arranged when appropriate, including when documents require particular execution formalities.

When Should an Estate Plan Be Reviewed?

An estate plan may need attention after significant changes, including marriage, divorce, the death of a spouse or beneficiary, the birth of children or grandchildren, substantial changes in assets, relocation to another state, changes in tax law, or the creation or termination of a business or charitable organization.

Even without a major life event, an older trust or will may benefit from review to confirm that it still expresses the client's intentions and can be administered effectively.

Discussing Your Estate Planning Needs

Whether you are preparing your first estate plan, updating a long-standing trust, considering charitable gifts, or addressing complex family and property circumstances, the first step is to identify your objectives and the documents and assets involved.

I review new matters for conflicts, availability, deadlines, and suitability before scheduling a consultation.

For an initial inquiry, please provide only a brief, non-confidential description of your estate-planning needs. Do not send confidential documents, financial account information, or highly sensitive personal information until I confirm that I can review the matter.

To inquire about estate-planning services, please visit the Contact Don page.

Don Bushell, Attorney at Law
Bushell Law PLLC
Kent, Washington — Serving the Greater Seattle Area
Licensed in Washington, California, and Arizona