Informed Consent:
Consent by a patient to a surgical or medical procedure or participation in a clinical study after achieving an understanding of the relevant medical facts and the risks involved.  

Ideally informed consent would always come from the patient themselves.  In reality, more than 90% of us will go through a period where important medical choices must be made but where we lack the capacity to give it due to either an inability to understand the relevant facts or risks or an inability to communicate their wishes.   The best way to make sure that in such a circumstances the right choices would be made by the right person it is vital that adults make and regularly update their disability planning for heath care.  

At Phinney Estate Law, disability planning for health is included in all estate plans and offered as a stand alone service.  To learn more contact us for a free consultation at [email protected] or (206) 459-1908.

Legacy
1.  A gift of property, especially personal property, as money, by will; a bequest.
2.  Anything handed down from the past, as from an ancestor or predecessor.

As an estate planning firm we spend a significant part of our practice dealing with the first of these definitions by helping clients to draft wills that makes sure that they leave legacies to the people they most want to receive their property and helping executors honor these wishes at death.

But at Phinney Estate Law we are also committed to helping clients address the second definition of legacy but making wise decisions about how to protect traditions, share values, and make a lasting impact on their families and communities outside of their financial legacies.  To learn more about our work in this area, explore this site, set up an appointment for a free 1/2 hour consultation, or come meet us this eventing at the Phinneywood Seattle Streets event.

ADMINISTRATOR
:

The person appointed by a court to administer the estate of a decedent and who was not nominated by the decedent as his/her personal representative, usually because the decedent died without a Will.  

At Phinney Estate Law we represent a lot of administrators in their work probating estates.  Often an administrator is appointed because there was no will.  Sometimes there is a will but the named Personal Representative has predeceased the decedent or is unable to serve. 

Whenever we work with an administrator, we work hard to present a case to the court, hopefully with the cooperation of all the family, to allow that person to serve without court intervention so that they can take advantage of that cheaper and simpler probate process.  Sometimes it simply isn't possible under the law, which means that probate will cost an average of ten times as much to administer.  Even when it is possible to get non-intervention powers, the work required to get it approved makes the legal fees at least double what it would have been with a Will that appointed an appropriate personal representative.  Which is why a Will is always a good investment for a family.

There is a statute that lays out who is entitled to serve as administrator, the timeline for their retaining the privilege to serve, and limitations on their serving with non-intervention powers.  If you have lost someone in your life and think you might be entitled to serve as the administrator of their estate, you should contact an attorney as soon as possible to see if you are entitle to serve and what needs to be done to start the process.  At Phinney Estate Law we can answer these questions at a free 1/2 hour consultation. 

Contact us (206) 459-1908  or [email protected].

ADEMPTION
:

It is not uncommon for a will or trust to make a specific gift to an individual that they do not still own when they die.  "Ademption" is the legal term that describes this situation and the rule that there is an effective revocation of a specific gift in a will as a result of it's not being in the testator's estate at death.

Ademption occurrs in two different ways.  "Ademption by Extinction" occurs if the gift has been transferred to a third party.  For example, the will leaves the Decedent's grand piano to her daughter but that piano had been previously sold when the decedent downsized or was given to a neighborhood school. 

Ademption by Satisfaction occurs if the gift has been advanced already to the person called to receive it. For example, the daughter was given the grand piano five years ago and has it in her living room.

In our experience Ademption by Satisfaction causes little problem when administering estates.  Most people accept the rule that, if they have already received the gift, there isn't a problem. Occasionally people have argued that they should receive cash in equivalent value at the time of death.  The law simply doesn't support such a claim.

Ademption by Extinction is slightly more problematic.  It is often unclear in such cases if the Decedent really intended to reduce the gift to the beneficiary when they made the transfer.  While such issues arise whenever there is a transfer, it is even more problematic in our experience where the gift had already been transferred to another family member.  If you are handling an estate or trust with a significant Ademption by Extinction issue it may be wise to consult an attorney.  An attorney can assist you in conducting a good due diligence investigation into how, when, and why the asset was transferred and what is known about the intent of the Decedent and let you know what your rights and obligations might be.  If you come to the conclusion that it would have been the Decedent's intent to give the beneficiary an equivalent gift that can be addressed, if all parties agree, in Washington State by a TEDRA Agreement.  Reaching such an agreement can be facilitated mediation or collaborative law if need be. 

If you have questions about Ademption, please contact us at [email protected] or (206) 459-1908.

ABATEMENT:
When someone dies their debts, taxes, and the costs of administrating their estate are required to be paid before any gifts or bequests may be distributed.  If the estate distribution plan is simple and the assets far exceed the debts this is a simple process.  However, if the estate contains a lots of specific gifts and/or debts are high, the executor must decide in what order property will be used to pay for the debts, taxes, and costs.  The priority in which the assets are used is known as "abatement." Washington has a statute the spells out the order in which these assets are to be used and it covers both assets passing through a formal probate and assets transferred through beneficiary designations, trusts or other non-probate process.  The rules in the statute can be changed by the terms of the Decedent's will or trust as long as they still allow all debts, taxes, and costs to be paid. 

The rules of abatement can be complicated and don't always match the expectations of families.  Before assets are used to pay debts, a Trustee or Personal Representative in Washington should consult with an attorney to make sure that they are using the right assets.  Abatement is the source of a number of probate disputes and mistakes can lead to unnecessary expense and conflict and even result in personal liability for the Trustee or Personal Representative. 

If you have questions about Abatement, please contact us at [email protected] or (206) 459-1908.