| Services |
I provide family law services, including relationship agreements, as well as probate and estate planning services in Seattle, King County. Family Law Services
Each case presents a unique set of challenges and opportunities. A few people are able to negotiate an agreement on their own; for these clients, I assist by drafting their legal papers to formalize their agreement. Some people benefit from mediation, in which they meet with a neutral third party trained to help parties find mutually agreeable solutions. I can provide one of those parties with advice and counsel. Many people in conflict choose the greater support available from full representation. My preferred method of dispute resolution in full representation is collaborative law. The collaborative process gives clients the lead in fashioning an agreement that satisfies their interests and is tailored to their circumstances. My role as attorney is to guide my clients through the legal process by understanding their goals and interests, making sure their voice is heard throughout the process, and ensuring that the end agreement meets their goals and interests. In a collaborative process, everyone agrees at the outset to work toward a settlement; in 95% of collaborative cases, the parties succeed in reaching a mutually satisfactory agreement. Because the focus is on working in good faith toward an agreement, parties can explore options for settlement safe from the specter of a costly, bitter and public court battle. The adversarial process can have lasting negative consequences for the parties, their families, their friends and their children. Family law disputes are difficult by their nature. Through the collaborative process, I seek to support clients in resolving disputes while preserving their relationships. Commonly, a collaborative divorce involves more than the divorcing parties and their attorneys. The parties will often have a mental health specialist, often called a coach, who assists the parties in their communication. This cuts back dramatically on the amount of attorney time required. The parties may also benefit from the assistance of a financial specialist, who helps the parties envisage their finances after the marriage. The end goal of a collaborative divorce differs from that of a traditional divorce. The focus is on creating satisfying, lasting agreements, rather than reaching a settlement the parties can tolerate. For example, rather than negotiate the parenting plan with the attorney for the other party, I encourage clients with children to work with a child specialist. The child specialist assists the parents in creating a parenting plan best suited to the needs of their child. Parents who are confident in their parenting plan are less likely to return to court after the divorce, and children fare better when their parents cooperate. Having a team of collaborative professionals departs greatly from the attorney-driven litigation model. Where appropriate, I urge my clients to consider consulting a financial specialist and a child specialist with their spouse, so that they are able to explore the consequences of different choices in a spirit of finding the best outcomes for their circumstances. The cost may or may not differ from the cost of a litigated divorce, as the money spent on specialist is largely offset by the savings of avoiding litigation. Direct comparisons between the cost of litigation and collaboration are misleading, as the end goals differ. The default rules in family law and estate law do not necessarily apply to unmarried and same-sex couples. Even so, from a legal point of view, all relationships end in death or divorce. To fill in the gap, I assist partners in unmarried and same-sex relationships arrive at satisfying and complete agreements over the eventual disposition of their property. Because I work in both family law and estate planning, I am able to assist clients in thinking through all aspects of their cohabitation agreement so that they can reach a thoughtful and respectful understanding with their partners. Washington’s new domestic partner legislation brings up many questions, and is not presently a substitute for a cohabitation agreement. Probate is the court-ordered process in which someone, usually a close family member or friend of the deceased, gathers the estate assets, pays the debts of the estate, and distributes the remaining assets to their intended recipients. The person in charge of handling the estate keeps the court informed at each stage of the process, and is called the personal representative. I assist the personal representative to make sure that each stage of the process is handled appropriately. Where a dispute exists, I encourage my clients to act in their long-term best interests. Here in King County, collaborative law is just beginning to be applied to probate disputes, and it offers interesting possibilities for resolving probate disputes. The collaborative process for resolving a probate dispute would be tailored to fit individual circumstances, but might include a mediator and jointly retained specialists. The end goal would be supporting the parties in crafting a fair resolution that is easy on the people involved. Estate Planning Services
Nearly everyone can benefit from a will. Wills let families know what we want when we can no longer tell them. If we follow certain formalities, wills allow us to benefit from the authority of the state to help ensure our wishes are carried out. In many cases, wills pay for themselves in savings of time and money when the estate is administered. Powers of attorney for health care and finances serve a function similar to that of a will, but they are in effect only during incapacity, and expire at death. Parents of minor children have a particular need for wills and powers of attorney to ensure their children are cared for by those of the parents’ choosing. Those in same-sex and unmarried relationships also use basic estate planning to form legal relationships that match their personal relationships. Washington’s domestic partnership legislation is in its infancy and is not a substitute for estate planning. Trusts are useful in a variety of situations. They can provide substantial tax savings for larger estates, hold assets for a beneficiary with special needs, pay for a grandchild’s education, or shield assets from a beneficiary’s creditors, among other things. Trusts are customized to a client’s wishes and circumstances. Many people find it difficult to speak with their loved ones about death. I therefore choose to talk to my clients about how they would like their remains to be handled, so the family can be sure they are doing what their loved one wanted. I write up my clients’ wishes in a document called a disposition of remains. This can be useful for transgendered clients in particular. Living wills make headlines most often when it is too late. Most families want to respect their loved one’s wishes; putting our wishes in writing gives families assurance that they are doing so. If we are concerned our families would not respect our wishes, it is also important to have our wishes in writing to increase the likelihood our wishes will prevail. |
