A WILL IS NOT VALID FOR PROBATE WITHOUT A SELF-PROVING AFFIDAVIT PURSUANT TO RCW § 11.20.020(2); AN UNWITNESSED WILL IS AN EXPRESSION OF THE TESTATOR’S WISH THAT THE TERMS OF TRUST BE HONORED IN THE EVENT OF AN INTESTATE PROBATE
Probate should be avoided if possible. If it cannot be avoided, a Will that can be submitted to Probate without communicating with beneficiaries first has a higher risk of disputes than a Probate without a Will that requires all beneficiaries to agree about the Executor, bond requirement, and non-intervention powers, and sign affidavits in advance of Probate. This is the best source of online information about probate in Washington.
You can review court cases relating to Wills in Wasington at the link below:
You Choose Your Administrator & Beneficiaries
The Washington Legislature has already essentially written a Will for everyone called the Intestacy Statute. Intestate means dying without a Will & Testament. A person who makes a Will is called the Testator. Most people just use the default provisions provided.
Historically, a Will was used to give real property and a Testament was used to give personal property, but the term Will has come to include all property.
You have the right to override the automatic provisions, and substitute your own wishes by signing a Will.
There are several reasons for doing so.
- You choose your Personal Representative (Executor).
- You choose your beneficiaries.
- You waive the bond requirement (the PR having to pay money to carry out the duties).
- A PR may renounce the duties if required to pay.
- You grant non-intervention powers, so the PR doesn’t have to ask the Court for permission to act. A PR may renounce the duties if required to go through the potentially costly and time-consuming process of filing Motions and setting them for hearings.
- You list items of sentimental value such as jewelry, art, antiques, collectibles, photographs, and scrapbooks that may mean a lot to particular surviving loved ones.
I am lawyer Christopher S. Mulvaney of Mulvaney Law Offices, PLLC, in Bellevue, Washington, and I am committed to providing clients with personalized and comprehensive estate planning guidance.
Legal Services Offered
THIS WEBSITE INCLUDES GENERAL INFORMATION AND
THE OPINIONS OF CHRISTOPHER S. MULVANEY WHICH ARE INTENTED 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 AN APPOINTMENT TO SPEAK WITH ME.
While my practice is centered on helping consumers get out of debt and protect themselves and their families in the event of death or incapacity, I am happy to offer additional legal services to my existing estate planning and bankruptcy clients.
Are you worried about mounting debt?
Or facing a Judgment, Garnishment or Foreclosure?
Have you been putting off getting an estate plan for too long?
I offer my clients legal counsel regarding foreclosure, buying and selling real estate, Transfer on Death Deeds, and real estate matters generally.
MULVANEY LAW OFFICES, PLLC does not do litigation.
Christopher S. Mulvaney’s Mission:
To Always Be a Human Being First – and My Role Second.
To First, Do No Harm, then to provide the best legal outcome, smoothest process, best value, and to make a positive difference in the life of every client.
Christopher S. Mulvaney’s Mantra:
May I be filled with loving kindness for all life.
May I be safe from dangers within and without.
May I be healthy in body, mind, socially, and spiritually.
May I be at ease and happy, doing good in the world.
Every client is an estate planning client.
Additional services related to debt, bankruptcy, and real estate are available to estate planning clients.
I offer initial ZOOM legal consultations to prospective estate planning and bankruptcy clients for two reasons:
(1) determining if the issues are within my practice areas (the “wheelhouse“), and
(2) determining whether a potential client is willing to let me lead them to the best likelihood of achieving a favorable outcome with the smoothest process of getting there.
DISCLAIMER: The use of email or this form for communication with MULVANEY LAW OFFICES, PLLC does not establish an Attorney-Client Relationship. Time-sensitive information should not be sent through this Form or through email. Confidential information can be uploaded into a shared encrypted folder after you have made initial contact with me.
- Seattle, Tacoma, Everett, Bellevue, Redmond, Renton, Issaquah, Sammamish, Maple Valley, Burien, SeaTac, and throughout King, Snohomish, and Pierce counties.
If you have read this far, you may be interested to know what I need to explain to potential clients very quickly which is the intersection in the Venn Diagram above of my practice areas and insurance coverage. As you can see the numbers of case types that are not in my practice areas is large, as is the number of case types that are neither in my practice area nor covered by legal insurance. The intersection is what I call the Wheelhouse. It contains two practice areas – estate planning and bankruptcy that pay all of the bills.
The small miscellaneous bit of my practice which I only do in conjunction with estate planning (bankruptcy is also done in conjunction with estate planning, so every client is an estate planning client. The challenge to me is to quickly explain to prospective clients that the long list of miscellaneous services on the left side of the diagram do not pay the bills – they are simply done to assist my estate planning clients with other matters that are not economical for lawyers to handle in isolation, so they would likely have difficulty finding counsel to assist them.
That is the difference between paying out of pocket by the hour and using flat fee legal insurance. If you are paying by the hour, you have more latitude regarding what the scope of service includes and what it does not. However, if the issue is too small you are not likely to find a lawyer to assist you even if you are willing to pay more than the market hourly rate because many smaller cases interfere with revenue production, increase stress, and increase risk.
That is an important part of why I do what I do the way I do it. There are many lawyers to serve you if you have means, in the manner you wish to be served. However, the majority of middle class and lower middle class people do not have access to legal representation and advice when they need it. In 1979, I heard Jimmy Carter give a speech in which he said that America is over lawyered and under represented. That is more true now than it was then.
I see my niche in the law as representing people in the most economical way possible for the most people, which is through legal insurance. Egalitarian access to legal services affordable by as many people as possible is a value for me. I have the privilege of earning a living in a manner that is consistent with my values. So, if you choose to become a client of MULVANEY LAW OFFICES, PLLC I thank you for allowing me to be who I am in my work, and to serve with my whole self – not divorced from consideration for the good of society in the pursuit of forever more profit.