Probate Attorney Blog

 If you have a blended family in Washington State, there’s something important you should know: stepchildren are not legally entitled to any inheritance from their stepparent. That fact surprises many families — and unfortunately, I’ve seen the consequences firsthand. I’m Christopher Small, owner of Seamless Law Firm, where we focus on estate planning and probate. Over the years, I’ve watched too many well-meaning families unintentionally disinherit stepchildren simply because they didn’t set up their estate plans correctly. Let’s talk…

Happy Sunday! Today I wanted to talk about common law marriage and estate planning. It’s probably not something that everyone needs to know about and think about, but it’s interesting, so we’re going with it. :) First, common law marriage IS recognized in Washington. Here the fancy term is “committed intimate relationship.” There’s a bunch of factors that go into whether or not one is created, and generally, if you live with someone and agree to share everything together, you’re…

Joint tenancy with rights of survivorship (JTWROS) can seem like a simple way to pass property directly to co-owners when someone dies. But as many families quickly discover, it can also create unintended complications if it’s not paired with proper estate planning. I recently received a YouTube comment asking: “My husband and I own a home with my mother as joint tenants with rights of survivorship. We all agree that our only child should inherit the house, who is also…

 If you own property in Washington State, you may have heard about a Transfer on Death (TOD) Deed — a simple way to pass your real estate directly to someone when you die, without going through probate. But what if you change your mind after setting it up? Do you need your beneficiary’s permission to make a change? The short answer is no — you don’t. Let’s break down how it works and what you should consider before relying…

  Making updates to your trust might seem straightforward—after all, it’s just a document, right? Not quite. Simply crossing out names or writing new information in your trust won’t legally work. If you want to make changes, there’s a proper and enforceable way to do it. Why You Can’t Just Cross Things Out Your trust is a legal document. If you were to cross out a name or change a paragraph by hand, anyone could argue that the changes weren’t…

Many people assume their assets will “just go” to the right people when they pass away — but that’s not always the case. In Washington State, if you die without a will (also known as dying intestate), the law determines who receives your property. Understanding that default distribution plan can help you decide whether you’re comfortable leaving things as they are — or if you want to create an estate plan to take control. How Washington State Distributes Your Property…

 Many property owners hesitate to move real estate into an LLC because they fear triggering the due-on-sale clause in their mortgage. This concern is understandable, especially if you have a low-interest mortgage that you don’t want to refinance. The good news? In most cases, you don’t need to worry. What is the Due-On-Sale Clause? The due-on-sale clause is a provision in many mortgage contracts that allows the lender to demand full repayment of the loan if the property is…