Cogdill Nichols Rein Wartelle Andrews

5 reasons to update an estate plan

2026-10-20T02:57:59Z

An estate plan can help determine how assets are distributed after a person passes away. One of the biggest mistakes people make when drafting an estate plan, however, is not keeping it updated and reflective of the changes in their lives. Many people update their estate plan every three to five years. However, you do not have to wait that long to update your estate plan if something happens in your life that creates a significant difference. These include:

1. Changes in health

Have you been diagnosed with a serious or terminal medical condition? You may want to update your estate plan if there are changes to your health. You may need to draft an updated will that aligns with your wishes. Or, you may want to appoint a power of attorney.

2. Marital status change

Has your marital status changed? You may want to add a new spouse to your estate plan. You could name your spouse as a primary beneficiary of your estate or your power of attorney agent. You may want to remove a spouse from your estate plan after a divorce.

3. Birth or adoption

Did you have a new child or adopt a child? You can plan for your child’s future by adding them to your estate plan. You could create a trust to help fund your child’s future education or business.

4. Moving to another state

Have you recently moved to Washington? Each state has unique estate planning laws. You may need to update your estate plan to align with Washington estate planning laws.

5. Financial situation changes

Did you recently make a large investment or retire? Major changes to your finances could impact your beneficiaries' inheritance. You can reach out for professional legal guidance when making changes to your estate plan.

Can a revocable living trust expand your estate protections?

2026-10-06T02:38:23Z

A revocable living trust is a flexible estate planning tool that helps manage assets during life and transfer them efficiently upon death. It allows ongoing control through a structure that operates with little or no court involvement. When a revocable living trust is well-prepared, it helps prevent probate and facilitate smoother estate management.

How does it operate?

Creating a revocable living trust involves drafting a trust agreement that names a trustee, successor trustees and beneficiaries. While alive, you may serve as trustee and retain full control over trust assets. Since it is revocable and can be changed, you can update the terms, trustees and asset distributions at any time. For the trust to work, assets like real estate, bank accounts, business interests and even brokerage accounts must be retitled into the trust. The trust then becomes the legal owner and can manage or distribute property. However, a companion pour‑over will is needed to direct any assets left outside the trust into the trust upon your death.

What are the advantages?

With a revocable living trust you gain several important benefits. Examples to consider include:

Continuous management: Your successor trustee can manage trust assets if you become unable to do so. This allows uninterrupted handling of bills, investments and property.
Centralized control: A trust can hold assets under one coordinated framework. This helps streamline oversight and reduces the need to manage separate accounts or titles.
Financial privacy: Trust administration occurs outside public court filings, which keeps your asset details and distributions confidential. The trust must remain properly funded to maintain this benefit.

When private estate administration and easier access to assets are part of your estate planning goals, a revocable living trust can be indispensable. Your next step is finding someone knowledgeable to help you create and fund your trust under Washington law.

Does the court allow you to modify the parenting plan?

2026-09-22T11:38:23Z

Children grow, and a schedule that once worked well sometimes stops fitting your family. Washington law allows you to seek a change to your parenting plan, but the requirements depend on what you want to adjust.

Standards for a plan change

For a major modification, the court considers facts that arose after it entered the plan or that it did not know at the time. That means a parent cannot reopen the same dispute based only on facts the judge already considered. Those facts must show a substantial change in your child’s or the other parent’s circumstances; a change in your own situation alone does not meet this standard. The court must also find that the modification is necessary for your child’s best interests. It generally keeps the existing residential schedule unless a condition set out in state law supports changing it.

Minor modifications to residential time

Washington has a separate standard for limited changes to the time your child spends with each parent. You must show a substantial change in your child’s or either parent’s circumstances, and your request must fit one of these situations:

A shift of no more than 24 full days in a calendar year
A move by the parent with whom your child spends less time that makes the current schedule impractical
An increase to no more than 90 overnights a year with the parent who has less time, if the existing plan does not give that parent reasonable time and the increase serves your child’s best interests

The court looks at what the new schedule would do, regardless of how you describe the request. If it changes which parent your child lives with most of the time, it does not qualify as a minor modification.

Steps toward a final order

To begin, you file a Petition to Change a Parenting Plan, Residential Schedule or Custody Order, a summons and any other required forms. You then have someone formally serve the other parent, unless that parent accepts service or joins the petition. The final order states whether the court changed the plan and sets out any new terms. While the case is pending, you can request a temporary order to address the schedule. If your child faces an immediate safety risk, you can also seek an immediate restraining order.

How to make things more manageable for your executor

2026-09-21T13:16:33Z

Your appointed executor has a crucial role in your estate plan. They will manage your assets, pay off debts, communicate with beneficiaries and interested parties, distribute assets and close the estate. Thus, their duties can be demanding. But you can make work easier for them. Here is how you can do it:

Organize your documents

One of the responsibilities of your executor will be identifying, gathering and securing your assets. They need to find all legal documents and secure physical property. This task can be time-consuming, particularly when some documents are missing. Creating a list of all your assets and documents, including account numbers and passwords, can save your executor months. Additionally, it helps to keep all documents together in a location the executor knows about and can access.

Keep your estate plan updated

Your executor submitting an outdated will to court can result in a lengthy process. It’s important to regularly review your estate planning documents and keep them updated.

Connect them with your team

It can be beneficial to connect your executor with the professionals on your team, including your attorney, financial advisor and accountant. They can significantly help your executor with their duties, such as navigating probate, filing tax returns, appraising assets and so on.

Give instructions for personal items

Personal items like jewelry, art, furnitire and collections can cause conflict. Your family may disagree on who keeps an artwork or what to do with your collections. This can delay the probate process and cause tension, which can make work complicated for your executor. It’s vital to leave instructions for personal items. Washington allows residents to use a Personal Property Memorandum to distribute tangible personal property. You can make work more manageable for your executor. Learn more about other ways to help them serve without difficulties.

Living arrangements to consider during your divorce

2026-09-08T23:04:25Z

After discussing divorce, spouses typically think about immediate living arrangements. They usually plan where each will live before the divorce is finalized. If you are at this stage, it’s important to understand your options. Here are a few living arrangements that may be possible:

Remain in the family home

If you and your soon-to-be ex-spouse can stay under the same roof, you can do so. However, you need to set clear boundaries. For example, operate from separate parts of the house, respect each other’s personal space, create a plan for using communal spaces, agree on how to split household expenses and so on. Remaining in the family home is affordable, as you don’t have to incur the expenses of a new household immediately.

Find a rental

If remaining in the family home is not an ideal option, one of you can move to a rental property. Find a temporary residence, possibly a furnished one, so you can live comfortably until the divorce is finalized. If you have children, it helps to rent near the family home. This way, with the temporary parenting plan, they can easily move between the two homes. Living separately allows you to start healing and getting used to your new life soon.

Live with loved ones

Another choice is living with family or friends. This option gives you emotional support, as you get to spend more time with loved ones during such a difficult time. Also, it saves money.

What about buying a new home?

Buying a home during a divorce involves major legal and financial risks. If you purchase the home with funds acquired during the marriage, it may be considered community property. Thus, it might belong equally to both of you. Conversations about living arrangements during divorce are necessary. Learn more to choose an option that works for you.

When can you alter a child custody order?

2026-08-25T15:01:40Z

Child custody orders are used to create expectations about parenting rights and responsibilities, and they’re typically used when parents are unmarried, separated or divorced. Child custody orders are always established according to the child’s best interests – not what the parents might prefer. However, a child’s needs can change over time. What worked when a child was a toddler may no longer work for a school-age child, let alone a pre-teen or teenager. Sometimes, a parent’s ability to manage their child’s care can also change. When this happens, parents may request a child custody order modification from the court.

What is considered a substantial change in circumstance?

A judge will not allow a child custody order to be changed for just any reason. Parents may need to prove there has been a substantial change in circumstance that impacts their child’s best interests. Here are a few examples of a substantial change in circumstance:

Schedule changes: A new work or school schedule may conflict with a custody schedule.
Relocation: Parents moving because of work, school or housing options may create a greater distance between parents.
Medical conditions: A serious medical condition that impacts a parent or child may change when and how a child is cared for.
Safety concerns: A parent may fear for their child’s safety if there are signs of abuse, neglect or abandonment.

If you are a parent looking to alter a child custody order, you can learn more about your options by reaching out for professional legal guidance.

What is a power of attorney?

2026-08-13T18:29:55Z

What would happen if you became sick and could not care for yourself? What if you were in a serious accident and were unconscious? These are conversations people often do not want to have. However, it is important to consider these questions when drafting an estate plan. Your estate plan can include a power of attorney. A power of attorney is a legal document that gives an agent the ability to act on your behalf if you are incapacitated. Here is what you should know:

What are the different types of powers of attorney?

If you become ill, develop a medical condition, fall into a coma or become otherwise incapacitated, an agent can make decisions in your best interests. The role of your agent will depend on the type of power of attorney document you create. There are several types of powers of attorney, including the following:

Medical power of attorney: This agent can access your medical information and talk to doctors about your medical care.
Financial power of attorney. This agent can access your financial information and pay bills and debts or manage real estate property.
General power of attorney: This agent can manage your financial affairs and health care.
Durable power of attorney: This agent takes on the role once a contract is signed and if you become incapacitated.
Limited power of attorney: This agent has the right to act within a limited capacity for a short time frame.
Springing power of attorney: This agent only takes effect if you become incapacitated.

It is important to consider what you want your power of attorney document to do. You can reach out for experienced legal guidance to learn more.

What are your rights during a military court martial?

2026-08-01T14:13:26Z

Facing a court martial can be overwhelming. The outcome may affect your military career, future employment and personal reputation. While military courts follow different procedures than civilian criminal courts, you still have important legal protections throughout the process. Knowing your rights during a court martial can help you understand what to expect if you are accused of violating the Uniform Code of Military Justice. Below are some of the most important protections available to service members.

The right to know the charges against you

You have the right to be informed of the specific allegations before your case proceeds. This allows you to understand what conduct is at issue and gives you the opportunity to prepare a response. Knowing the charges early is one of the most fundamental rights of the accused.

The right to remain silent

You cannot be forced to make statements that incriminate you. Choosing whether to answer questions is an important decision and exercising your right to remain silent cannot be treated as an admission of guilt.

The right to legal representation

If you are facing a general court martial or a special court martial that could result in a bad conduct discharge, you have the right to defense representation. Strong military personnel defense begins with reviewing the evidence, understanding the allegations and protecting your interests throughout the proceedings.

Protection against double jeopardy

A service member generally cannot be tried twice by court martial for the same offense after a final decision has been reached. However, because the military and civilian justice systems are separate, certain conduct may still lead to proceedings in both systems under applicable law.

The right to appeal

If you believe the military judge made a legal error that affected the outcome of your case, you may be able to seek review through the military appellate courts. Certain cases, including those involving a death sentence, receive automatic appellate review. A court martial is a serious legal proceeding with potentially lasting consequences. Understanding your rights can help you make informed decisions throughout the process. If you are facing military criminal charges, seek legal guidance as early as possible to protect your rights, evaluate your options and receive experienced guidance throughout the military justice process.

Who gets the house in a divorce in Washington?

2026-09-12T02:46:21Z

If you are going through a divorce in Everett, Washington, you may wonder who will keep the family home. The answer depends on the circumstances of your marriage, how you acquired the home, its value and equity, and each spouse’s financial situation.

Washington is a community property state, but that does not mean a house is automatically divided 50/50 or that the spouse whose name appears on the deed automatically keeps it. Washington courts divide property and debts in a manner they consider just and equitable.

How Washington treats the family home

Generally, property acquired during a marriage is presumed to be community property. A home purchased during the marriage may therefore be subject to division in a divorce, even if only one spouse is listed on certain documents. Property owned before marriage, received as an inheritance or gift, or acquired with separate property may have a different classification.

The court can consider both community and separate property when determining a fair division. Relevant factors include:

How long you were married
The nature and value of the community and separate property
Each spouse’s economic circumstances
Whether children primarily live with one spouse
Whether it makes sense for the children to remain in the family home

Washington law specifically allows a court to consider awarding the family home, or the right to live there for a reasonable period, to the parent with whom the children reside most of the time.

What can happen to the house?

Keeping the house does not necessarily mean keeping all of its equity. Depending on the circumstances, spouses may agree to several possible arrangements.

One spouse keeps the home

One spouse may receive the home while the other receives other assets to balance the overall property division. The spouse keeping the home may also need to refinance the mortgage or otherwise address the other spouse’s financial interest.

The spouses sell the home

If neither spouse can reasonably afford the home or they cannot agree on who should keep it, selling the property may be an option. The parties can then address the proceeds as part of the overall property division.

One spouse stays temporarily

In some cases, a spouse may remain in the home for a period of time, particularly when children live primarily with that parent. The court considers the family’s circumstances when determining an equitable arrangement.

Get advice before agreeing to give up the house

If you are divorcing in Everett or elsewhere in Snohomish County, do not assume that the deed, mortgage or who made the down payment alone determines who gets the house. The classification of the property, available equity, other marital assets and your family’s circumstances can all affect the outcome.

A Washington family law attorney can review your situation and help you understand your options before you agree to a property division or sign a settlement.

Your estate plan needs more than just a will

2026-07-09T01:15:42Z

Taking the time to create a formalized estate plan is one of the most important things you can do when seeking to provide instructions for your loved ones if you ever become incapacitated or when you pass away. While most people think about a will when they hear estate planning, there are other documents that you should include in your plan as well. Your will outlines how your personal property should be distributed after you pass away. It can also name someone to serve as your estate executor. Besides those basic tasks, your estate plan should also do a few other things.

What else might you need in your estate plan?

You’ll have to consider your circumstances and wishes when you’re trying to decide what else you need to have in your estate plan. These items may be beneficial:

Trusts: These are legal tools that provide a place to hold your assets and outline the terms of distribution to your chose beneficiaries.
Guardianship documents: This names a guardian for your minor children if you and their other parent become incapacitated or die.
Advanced directives: This document provides specific instructions for your medical care team if you become incapacitated.
Medical power of attorney: This names someone to become your agent who will make medical decisions on your behalf if you’re incapacitated.
Financial power of attorney: This appoints someone to take care of your finances, including paying bills and managing assets, if you’re incapacitated.

Each of these items should reflect your wishes in a legally enforceable manner. It may be beneficial for you to work with a legal professional who can help you to set everything up in a way that gives your loved ones clear instructions and can be upheld by the court if there are ever any disputes.