As coronavirus cases increase in Washington State, you need to take steps now to protect yourself. A local attorney warns that this includes making sure important estate planning documents are in place.

Lynnwood, WA -- (ReleaseWire) -- 03/24/2020 -- As the number of coronavirus cases in Washington State peaks, an anxious nation watches to see how we will respond. A March 20, 2020 New York Times news report detailed the struggles our area is currently facing. This includes difficult decisions doctors will likely have to make in dealing with critically ill patients. Those decisions will guide policy makers across the country, as will the actions of citizens. While most local residents are sheltering in place, there are important steps you need to take to protect yourself. In addition to handwashing, limiting social contact, and stocking up on supplies, this includes ensuring you have the proper estate planning documents in place.

Estate planning is among the many details residents should be attending to now. "A valid, updated will is something all adults should have in place, regardless of their age or health," says Washington State estate planning attorney William S. Hickman of the law office of Hickman Menashe, P.S. "However, given this particular situation, there are other important estate planning documents that are needed as well." Hickman advises that these include:

Power of Attorney: This authorizes someone you trust to manage your affairs on your behalf in the event you are incapacitated;

Health Care Power of Attorney: This authorizes a family member, friend, or other trusted individual to make medical decisions on your behalf.

Living Will: This conveys your personal choices regarding life saving measures and end of life care, such as the use of ventilators or feeding tubes.

In addition to ensuring these documents are in place, Hickman recommends making a list of all your financial accounts, monthly debts, and insurance policies. "Keep a list of emergency numbers and people you would want to be contacted if you became ill," he also advises.

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Investigators believe that a likely alcohol-fueled head-on crash was caused by a man who was traveling the wrong way in Southern Maryland was probably impaired when he slammed into another vehicle, killing the driver.

Upper Marlboro, MD -- (ReleaseWire) -- 09/17/2019 -- The accident occurred on Route 5 near the Huckleberry Drive exit. According to police and witnesses, 47-year-old Timothy Markin, of Silver Spring, was on the southbound side of Route 5 in a Mercedes Benz. A Toyota Camry, which was northbound on the southbound side, hit Mr. Markin head-on. He was pronounced dead at the scene. The other driver, whose name was not released, was rushed to a nearby hospital with serious injuries.

Local police investigators are still looking into the crash.

"Car crashes cost most victims tens of thousands of dollars in medical bills, lost wages, property damage, and emotional distress," observed Maryland personal injury attorney Rick Jaklitsch. "In alcohol-related crashes, victims basically have two legal options. So, the money they need to put their lives back together need not come out of their own pockets."

Generally, non-fatal alcohol-related crashes involve low levels of alcohol impairment.

These tortfeasors (negligent drivers) are not legally intoxicated, but they are impaired. Their motor and judgement skills are not fast or sharp. So, it is dangerous for them to operate motor vehicles. Drivers under the influence of alcohol do things like misjudge the space between two vehicles and take unnecessary risks behind the wheel.

Scientifically, impairment begins with the first drink. Evidence of impairment includes:

Bloodshot eyes,
Slurred speech,
Erratic driving,
Unsteady balance, and

Statements the tortfeasor makes to other motorists at the scene.

In these cases, the victim/plaintiff must establish impairment by a preponderance of the evidence (more likely than not). Alcohol consumption and impairment is clearly a breach of the duty of reasonable care. If that breach substantially caused injury, the tortfeasor is liable for damages.

Fatal crashes, like the one described above, usually involve a higher level of alcohol impairment.

In Maryland, the tortfeasor is generally responsible for both economic damages, such as medical bills, as well as noneconomic losses, such as pain and suffering.

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According to a July 30, 2019 news report by the Washington Post, some parents are resorting to drastic measures in order to meet skyrocketing college costs.

Lynnwood, WA -- (ReleaseWire) -- 08/06/2019 -- They are arranging for others to take custody of their children through guardianship proceedings to qualify for financial aid.

This is particularly relevant in Washington State, which recently enacted new laws to make college more affordable. For wealthier individuals, having less well-healed loved ones act as guardian can help ensure access to state and federal programs.

Washington State Launches 'Free College' Plan

In May of 2019, the Washington Legislature enacted the Workforce Education Investment Act. Under the program, families with income under $60,000 may be eligible for full scholarships. Those making over this amount and up to $88,000 will be eligible for partial aid.

Close to 40,000 students are expected to receive help through the program over the next several years. It has prompted criticism from parents who fall outside of the program's income guidelines. These families will continue to pay the full costs for their child's education.

Guardianship as a Way to Qualify for College Aid

Parents in Washington State and other areas where income based free college tuition plans apply are considering other options to qualify for benefits. One of these involves transferring guardianship of their child to friends or family who fall within income guidelines.

"A guardianship is a serious matter and not something to enter into lightly," says Washington State estate planning attorney William S. Hickman at the law office of Hickman Menashe, P.S. "In addition to having these proceedings appear on the public record, you are basically entering into them on a fraudulent basis."

Guardianship proceedings through the Washington Courts are generally used to protect a vulnerable individual. "A guardianship may be used with children who lost their parents or with young adults who suffer disabilities," says Hickman. "They may also be used in situations where an older adult suffers from conditions such as dementia or Alzheimer's Disease." Using a guardianship for other reasons could ruin your reputation and subject you to criminal penalties. Hickman advises consulting with an estate planning attorney to explore other options.

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A hearing is scheduled for June of 2019 to determine if handwritten wills found in Aretha Franklin’s estate are valid.

Lynnwood, WA -- (ReleaseWire) -- 07/08/2019 -- Aretha Franklin died in August of 2018 but her estate is still being contested in court. Franklin is one of a handful of famous musicians who have died in recent years without a valid will in place. Recently, family members uncovered three handwritten wills among Franklin's belongings. According to NBC News, a hearing this month will determine whether the documents are valid. The results could significantly impact the rights of her beneficiaries.

Handwritten Wills in Washington

Handwritten wills are otherwise known as holographic wills. Whether they are valid in probate court depends on where the person creating it lives. Laws in roughly half the United States permit holographic wills. There are generally additional and often differing requirements that must also be met.

Franklin resided in Michigan at the time of her death, which places few restrictions on holographic wills. According to Washington State estate planning attorney William S. Hickman at the law office of Hickman Menashe, P.S., handwritten wills are valid in our area. This is provided they meet other requirements under Chapter 11.12 of the Revised Code of Washington, which includes:

The will must be signed by the testator;
It must be signed in the presence of two witnesses;
The witnesses must sign either the will or a separate affidavit;
Sometimes, to make the will "self-proving," the witnesses sign twice. The second signing is an "attestation," which states all of the testimony that would be required to find that the will is valid. (Sometimes, witness signatures on the attestation section are notarized. However, notarization is not required.)

"If any of the above requirements are not met, the will is not considered valid," says Hickman. "As a result, your loved ones could face lengthy and potentially costly proceedings in the Washington State Probate Court."

The Importance of Having a Legally Valid Will

Hickman advises that in order to protect those you care about, it is vitally important to have a legally valid will in place. Without one, any property or assets you possess at the time of death are subject to the laws of intestate succession.

"This generally means that distributions will be divided between the legal spouse and any children the decedent has," says Hickman. "It would leave out stepchildren, friends, and more distant family

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Long-term care planning can help ensure you get the level and quality of care you need in the event of a chronic condition.

Lynnwood, WA -- (ReleaseWire) -- 04/10/2019 -- Long-term care planning can help ensure you get the level and quality of care you need in the event of a chronic condition. As well as, an unexpected injury, or a sudden illness that leaves you unable to provide for yourself. While long-term care insurance, purchased privately or through an employer, can help offset some of these costs; not everyone obtains this type of coverage. A bill was recently passed by the state House of Representatives that would make Washington the first in the nation to offer publicly funded long term care insurance to residents.

Universal Long-Term Care Insurance In Washington

In early March 2019, House Republicans approved a measure to offer universal long-term care insurance coverage as a public benefit for workers throughout the state. The Long-Term Care Trust Act would provide up to $36,500 for those who suffer impairments. Including medical conditions that prevent them from performing at least three activities of daily living (ADL). Such as eating, bathing, or dressing themselves.

Long-term care insurance would be publicly funded through payroll taxes amounting to roughly 0.58 percent of each worker's wages. Collection on the taxes would begin in 2022, with benefit payment beginning in 2025. To be eligible for the coverage; residents would need to have worked at least part-time for a minimum of five consecutive years over the previous decade. A companion bill is currently pending in the Democratically-controlled Senate. However, no vote is currently scheduled.

Advocates claim universal long-term care insurance serves an important need. Although the amount offered is unlikely to match the actual costs that residents incur. The recent Cost of Care Study conducted by Genworth Financial shows that Washington leads the nation with average costs for long term care totalling close to $10,000 per month. "While public long-term care insurance may be a step in the right direction, it is important for people to still do their own long-term care planning," says Lynnwood attorney William S. Hickman of Hickman Menashe, P.S.

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