Best Estate Planning Attorneys in Olympia, WA

No. The Petitioner is just getting the process started. Other than oneself, the Petitioner can propose that a certain family member, a non-family member, or a Certified Professional Guardian serve as the Guardian. The Court will have the final decision, however, and will base that decision on both the Petition and the recommendation of the Guardian ad Litem.

In some states it is better to have a Revocable Living Trust as an alternative to a Will. In Washington, however, a Revocable Living Trust is not necessary unless a person has a complicated estate, owns businesses, and/or owns real property outside the State of Washington. While a Revocable Living Trust does avoid probate, the costs of establishing and maintaining such a trust are usually higher than a simple probate proceeding in the State of Washington. An attorney can guide you in this choice based on your assets and your desired estate plan.

There are three ways to finance long term care: 1) Long Term Care Insurance; 2) Private wealth; and 3) Public benefits. Because of the complicated eligibility rules associated with public benefits, it is important to meet with a DSHS caseworker and/or an attorney to analyze the options available.

When considering the Medicaid eligibility of an applicant, DSHS will look at all transfers made by the applicant in the previous 60 months. If transfers are made to someone not allowed to receive them, a penalty period of ineligibility is assessed. It is important to consult with a DSHS caseworker or an attorney knowledgeable about the Medicaid rules prior to any transfers.

A home is an exempt resource in terms of Medicaid eligibility, as long as the ill person intends to return to the home. All that is needed is the intention, even if a return home is not a realistic scenario. It is important to keep in mind that once someone begins receiving Medicaid benefits, the amount paid by the State of Washington for those benefits will accrue and can be placed as a lien upon the home when the ill person dies. Specific rules apply if the home is occupied by a surviving spouse or a disabled child. Certain rules also apply regarding the transfer of a home to certain individuals prior to a Medicaid application. It is important to consult with a DSHS case worker or an attorney knowledgeable about the rules prior to any transfer or Medicaid application.