Christopher S. Mulvaney,

Attorney and Counselor-at-Law

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THIS WEBSITE INCLUDES GENERAL INFORMATION & THE OPINIONS OF CHRISTOPHER S. MULVANEY. IT IS INTENDED TO STIMULATE A BASIS FOR QUESTIONS RELATED TO YOUR PARTICULAR FACTUAL CIRCUMSTANCES — BEFORE YOU ACT.  THIS WEBSITE DOES NOT CONSTITUTE LEGAL ADVICE. IF YOU WANT LEGAL ADVICE, PLEASE MAKE A ZOOM APPOINTMENT TO SPEAK WITH ME.

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Gonzaga University School of Law – Spokane, Washington – Class of 2002 – Cum Laude The Latin phrase “Deo patriae, scientiis, artibus” translates to “For God and country through sciences and arts”.  The initials A.M.D.G. on the seal of Gonzaga Law School stand for Ad Majorem Dei Gloriam, which is Latin for “For the Greater Glory of God” the Motto of the Society of Jesus (Jesuits): a Catholic religious order founded by St. Ignatius of Loyola.

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“During my life, and now by my will and codicils, I have given considerable sums of money to promote public or humanitarian causes which have had my deliberate and sympathetic interest. If any of my children think excessive such gifts of mine outside of my family, I ask them to remember not only the merit of the causes and the corresponding usefulness of the gifts but also the dominating ideals of my life.
They should never forget the dangers which unfortunately attend the inheritance of large fortunes, even though the money come from the painstaking affections of a father. I beg of them to remember that such danger lies not only in the obvious temptation to enervating luxury, but in the inducement . . . to withdraw from the wholesome duty of vigorous, serious, useful work. In my opinion a life not largely dedicated to such work cannot be happy and honorable; And to such it is my earnest hope-and will be to my death-that my children shall, so far as their strength permits, be steadfastly devoted.”
– Joseph Pulitzer, Will, in James Wyman Barrett, Joseph Pulitzer and His World 295-96 (1941)

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Age 18 is referred to as the “age of majority” in the United States and much of the rest of the world.  This means that on your 18th birthday you receive by operation of law the right to:

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1. Open a bank account under your own name and social security number only;

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2. Obtain a credit card;

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3. Vote;

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4. Purchase real estate or stock in your own name only;

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5. Open a 401(k), IRA or Roth IRA;

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6. Sign contracts enforceable against you;

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7. Sign a Revocable Living Trust;

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8 Sign Powers of Attorney for Finances & Health;

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9. Sign Living Wills;

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10. Sign Transfer on Death Deeds;

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11. Sign a Last Will & Testament; 

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12. To marry without parental consent; and

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13. To file a Tax Return in your own name and social security number.

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That is a lot of rights and responsibilities to get all in one day.    

Practicing in the areas of Bankruptcy and Estate Planning, I see young people who get into trouble with debt early in their lives, which could have been avoided through education about finances and credit. 

I see young people who get into trouble with the IRS and the Washington State Department of Revenue because they didn’t understand the Business & Occupation Tax or deductions.

I see young people who don’t know how to balance a checkbook and don’t look at their bank statements.

I see young people who don’t vote.

I see young people who don’t file tax returns (or who file them improperly and don’t keep records).

I see young people who don’t begin modestly saving and investing for retirement.

I see young people who don’t know that they have the right to have a Separate Property Revocable Living Trust, to keep property separate during marriage (and after divorce, if applicable), and to receive separate gifts and inheritance during marriage.  I see young people who don’t know that because their Trust becomes irrevocable if they die, their children are protected from disinheritance if a spouse remarries.

I see young people who don’t know that they have the right to name health care agents who have the right to access (or those who don’t have the right to access) their health care information and talk to their health care providers (Universities often require this, which is the impetus for many young people’s parents contacting me).

I see young people who don’t know that they have the right to name an agent to sign checks and contracts for them if they are not able to do so for themselves thereby negating the need for a Guardianship Proceeding (Understanding this right also gives young people a better understanding of how to act as their parents’ agent and care for them when the time comes).

I see young people who don’t know that they have the right to authorize a health care agent to pull the plug on life support, remove a feeding tube and remove IV fluid or not (and that their parent’s have the same right and that they may be called upon to carry out their parent’s wishes).

I see young people who don’t know that they have the right to avoid probate on any real estate in Washington with a Transfer on Death Deed with a step up in cost basis to the date of death value (and that their parents have the same right which can save them thousands of dollars, 6 months or more of Estate administration time, and avoid public disclosure to the Court).

I see young people who don’t know that a Will requires a Court and the associated cost, time, and public disclosure or that Probate does not require a Will.

I see young people who know they can marry, but don’t understand the value of talking about financial issues in advance and the value of being organized to reduce anxiety and increase a sense of being in control of one’s life.  I see young people who don’t know they can keep gifts and inheritance separate during marriage, but that if commingling with community property occurs that separate character may be lost.

Conclusion.  The point is that because I have seen all of these things, I feel an obligation to help reduce the difficulties that can occur as a result.  Young people who have some financial and legal sophistication early in their lives are less likely to get into debt problems, more likely to save for retirement, more likely to vote, more likely to correctly file tax returns, more likely to do their own estate planning, more likely to take better care of their parents when needed and to administer their Estate when needed without disputes, and are more likely to encourage their own kids to obtain the same kind of financial and legal sophistication that benefitted them in their lives.

Peace and harmony through generations of families can be promoted by having a common basis of knowledge and values.  Communicating with each other about these issues is intended to promote strength and resilience in families so that if a family member is in a coma or dies, the rest of the family doesn’t argue and fight, but instead experiences increased gratitude, compassion, and kindness.  All of us face sickness and death.  It is how we respond individually and collectively that defines who we are.  Is who we are who we want to be?  If not, there are things we can do together to learn and grow.

It is unlikely that a young person will die.  That is 7,8, or more decades in the future.  The purposes of young people doing estate planning follow.

POWERS OF ATTORNEY & ADVANCE DIRECTIVES

Many colleges and universities require students to submit powers of attorney for finances and health sou that it is clear what the student’s wishes are regarding communication of private healthcare, financial, and other private information.
This is an important step into adulthood.  Minors have more limited rights to privacy because parents make decisions for them, and need to have all of the information to do so. 
An 18-year-old person has the right to create powers of attorney for finances and health as well as a living will if they are on a ventilator and an advance directive for mental/behavioral health issues including addiction and in-patient treatment.  The power of attorney for health has an organ donation election.  Hopefully the young person already has a heart on their driver’s license.  The conversations about these things should give a young person a bit of mortality awareness that increases gratitude and kindness.
Keeping electronic emergency contacts in a young person’s phone and on paper behind their driver’s license should mean that family is notified right away of any issues.
In a broader sense, a young person is explicitly trusting people in writing.  A young person who agrees to be there for parents and other family members and who is confident that parents and other family members will be there for them should be a little less anxious and a little more peaceful going out into the world.

VOTING

An 18-year old person also has the right to vote and should register right away.  Washington has voting by mail, so as long as a person keeps voting, ballots keep being mailed.  It is an easy system that gives private voting access in people’s homes away from polling places.  
In my opinion, voter registration should be done automatically for everyone who gets a driver’s license or photo ID from the State.

PASSPORT

A passport is proof of U.S. citizenship.  A passport card can also be obtained.  An 18-year old obtaining a passport is especially helpful for racial and ethnic minorities.  Being able to easily prove citizenship can be useful even if foreign travel is not planned.  However, I believe travelling to Canada and Mexico is helpful for Americans to know and appreciate our neighbors.  You don’t have to go far to broaden perspective.  
Consider TSA Pre-check if you do plan to travel.

SEPARATE PROPERTY TRUST ACCOUNTS

A separate property trust clearly labels property held before marriage and becomes irrevocable when a person dies.  That can be empowering, especially for young women.  A young woman with her own money that remains hers even if she marries is empowered.  The checking, savings, money market, or brokerage accounts in the young person’s name as Trustee of their trust pass to their adult children at their death, not their surviving spouse.  Parents can give money to their adult daughter giving her freedom that can’t be taken by a spouse.
Having the separate property accounts set up early can be useful when dating and discussing engagement because the other person’s reaction is telling.  
This is also hedge against divorce in that the Court has jurisdiction over community property, not separate property.  Once the Court finds the property is separate the Court Order that is the Divorce Decree simply confirms that separateness.
If separate property trust accounts are already set up, then if a spouse dies, the surviving spouse doesn’t have to create the accounts.  They already exist making a difficult time a bit easier.
Adult children can also use the Trust account funds to care for an elderly parent with a power of attorney for finances.
Funds in Trusts also avoid probate regardless of amount.
My wife asked me not to discuss the history of the treatment of women in law with clients.  I find that many people are only dimly aware of a past at the founding of our nation in which women were chattel property and could not inherit.  Women couldn’t own anything or vote.  If a woman’s husband died, the her husband’s brother would administer the finances for the benefit of the widow.  The banking, legal, and political systems were all run by white men.I believe that exercising these hard won rights are vitally important, especially for women and racial and ethnic minorities, particularly Black, Native American, Latin-X, and Asian (particularly Chinese, Japanese, Korean, Vietnamese, Laotian, and Cambodian, with which the U.S. has a history of labor exploitation in peacetime and killing in wartime).  

America cannot be understood without understanding white supremacy and its expression in centuries of enslavement of African Americans and the centuries long near genocide of Native Americans.  White supremacy was also expressed in laws limiting Chinese immigrants and exploitation of the labor of the Chinese people who were admitted to the U.S..  White supremacy was expressed in the laws against marijuana aimed at keeping migrant Mexican workers out of the U.S. during the great depression.
I believe that this history should inform the choices of young people, especially those who are descendants of those who did not have these options.  This applies to a lesser extent to people like myself, a white male, but a Catholic white male.  That is the wrong religion in a WASP dominated culture.

BENEFICIAY DESIGNATIONS NAMING THE TRUST

If a young person opens a ROTH IRA and names their separate property as a beneficiary and names their trust as beneficiary of their 401(k) when they start working, they are way ahead of many people.  The young person’s retired self will thank them for getting these retirement accounts early.
Also, by naming a beneficiary when single, and learning that such a designation is not valid if they marry unless a written waiver or consent form is delivered to the holder of the account, the person can save themselves a lot of aggravation.  A waiver by a spouse is irrevocable at death.  So, that means an adult child beneficiary has strong protection if the waiver is already filed.  If not, then the surviving spouse can object to the distribution and the dispute could end up in Court.

CREDIT, CREDIT REPORTS & CREDIT FREEZES

Having one credit card with the payment deducted in full so a balance is never carried, checking free credit reports annually (or every four months to a different Bureau), and a credit freeze will get a young person started out right.
A credit freeze protects against identity theft during life and protects against fraudulent credit being issued after death.  Building good credit and correcting errors helps with employment and home and vehicle purchases at a minimum.

REPELLING GOLDDIGGERS

A young person who advertises their legal and financial sophistication tends to discourage people who want to gain by the relationship.  Abusive or controlling people also tend to be discouraged.  This is what most parents want for their young adult child.
The issue of advertising your ability to protect yourself also becomes important if one spouse dies and the surviving spouse remarries.  A grieving widow or widower is vulnerable.  If a surviving spouse talk about a separate trust for the benefit of adult children then someone who wishes to marry for money will move on.

TAX RETURNS & RECORDS

An 18-year old also has their first tax return to file.  If a young person gets in the habit of keeping paper records and electronic records and keeping usernames and passwords safe, that will serve them well.  Identity theft is an important issue, as is malware and ransomware.  Keeping your physical self and your tangible property and documents as well as your electronic property and documents is of life-long importance.

SOCIAL MEDIA

Young people need to be aware that what is a joke or fun in one context can be very serious and dangerous in another context.  Young people should never be sending naked pictures of themselves to anyone.  No videos of drinking, drugs, sex, or crimes should be made.  No racist or sexist language or hateful or violent language of any kind should be posted ever.  Nothing disparaging should be said about any religion.
I went to law school with someone who didn’t get an internship because of possession of marijuana as a 16-year-old.  Federal crimes are serious.  With legalized marijuana in many states including Washington it may be tempting to try it.  If you have or wish to have any connection to the Federal Government beyond being a citizen, you should think again before you act.

GUNS

Being safe in one’s home and person is for many people equated with owning a firearm.  I think it is important for this issue to be discussed within the context of mental health generally and in the context of different mental states specifically.  A person who has a family history of depression and suicide should not have access to guns.  It would be helpful if it was a cultural norm for people to make an assessment about protecting their own safety by choosing not to have a gun.  This is a wise choice for some people.
Also, guns and children and guns and divorce do not mix well.  Strong precautions need to be taken to protect children from accessing guns.  It would be helpful if guns were personalized to an individual and could not be fired by anyone else.  Guns should routinely be removed from homes during divorces.

There are gun trusts for estate planning.  In particular these trusts are designed for sound and flash suppressed weapons that cannot legally be possessed by felons, underage people, and people in certain states like California, Illinois, and New York.  If you choose to have guns, be clear about their purpose in your life and keep them safe including storing ammunition locked separately and using trigger locks.

CARING FOR AGING PARENTS

A young person with their own estate plan has a better understanding of how to care for an aging parent.  If all siblings have estate plans of their own, then they share a common basis of knowledge and are less likely to argue.

ADMINISTERING PARENTS ESTATE WITH REDUCED CONFLICT

Disputes are common in Estate administration.  By talking about these issues early in life, many transfers can be made during life instead of waiting for death.  Siblings with a common understanding of what is required to administer an Estate are likely to do so more efficiently and more pleasantly.

PASSING ON GOOD HABITS EARLY TO THEIR OWN CHILDREN

Young people who create an estate plan early are more likely to pass on the habit of doing so to their own young adult children.  In that way, multiple generations of the family benefit.

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Washington State residents can meet with me in Zoom/DocuSign from anywhere in the world, and I can notarize their electronic signatures because I am a remote online notary.  Just email me an image of your photo ID.

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