Estate planning attorney services are about putting your wishes in writing so your family is protected, your taxes are minimized where possible, and your assets transfer as smoothly as Washington law allows. If you live in Vancouver, WA or nearby Clark County and you are comparing an estate planning lawyer versus doing it yourself, this guide explains the Washington rules in clear, everyday language and shows how BFQ Law Washington helps with wills, trusts, probate, powers of attorney, healthcare directives, guardianship nominations, and trust administration. You will also find answers to common questions like whether a revocable living trust fits your situation, what “nonprobate assets” mean under Washington law, and when a transfer on death deed can help. For a conversation about your goals, you can reach the Vancouver office at 900 Washington Street, Suite 117, Vancouver, WA 98660 or send a note to WA@BFQLaw.com, and you can request a consultation through the contact page.
Table of Contents
- Who We Serve in Vancouver, WA and Clark County
- What Estate Planning Means in Washington State
- Washington Estate Planning Documents at a Glance
- Probate and Nonprobate Assets in Washington
- Trusts in Washington: Revocable, Testamentary, and Special Needs
- Taxes: Washington Estate Tax and Federal Income Basis Rules
- Planning for Families, Blended Families, and Minor Children
- Planning for Small Businesses and LLC Succession
- Real Estate, Community Property, and Transfer on Death Deeds
- Incapacity Planning: Powers of Attorney and Health Care Directives
- Digital Assets and Beneficiary Designations
- Trust Administration and Probate Administration
- How to Work With BFQ Law Washington
- FAQs
- Next Steps and Contact
Who We Serve in Vancouver, WA and Clark County
BFQ Law Washington helps individuals, parents, grandparents, and small business owners across Vancouver, Camas, Washougal, Ridgefield, Battle Ground, La Center, and nearby communities. Many people start with a simple will and durable power of attorney, then later move to a revocable living trust as their assets grow, or when they want to simplify management for a spouse, a partner, or adult children. Others need targeted help with a special needs trust, a community property agreement, or updating beneficiary designations so nonprobate assets line up with their estate plan.
Whether you search for an estate planning attorney near me, an estate planning attorney Vancouver WA, or an estate planning lawyer Vancouver WA, our team can explain your options and draft a plan that fits your goals. If a loved one has passed, our probate lawyer Vancouver WA team assists with filings and deadlines, and if conflict arises, our civil litigation and mediation experience can help find a path forward. Start a conversation through our Vancouver contact page or learn more about our firm at BFQ Law Washington.
What Estate Planning Means in Washington State
Estate planning in Washington State is the process of organizing how your assets are managed during life and distributed after death. A complete plan often includes a will, a revocable living trust, beneficiary designations for accounts, powers of attorney for finances and health care, and a healthcare directive. Washington has its own statutes that govern these tools, including the Washington Trust Code under RCW 11.103, the Uniform Power of Attorney Act under RCW 11.125, the Natural Death Act under RCW 70.122, and probate provisions in RCW 11.28 and related chapters.
Good planning helps your personal representative or trustee carry out fiduciary duties with clear instructions. It reduces the chance of intestate succession (distribution under default rules) and aligns nonprobate assets like life insurance and retirement accounts with your will or trust.
Washington Estate Planning Documents at a Glance
Last Will and Testament
A Washington will names a personal representative (sometimes called an executor), identifies beneficiaries, and can create a testamentary trust for children. Wills are governed by state law, including execution requirements in RCW 11.12. Your will can also nominate a guardian for minor children.
Revocable Living Trust
A revocable living trust lets you manage assets during life, provide for successor trustees, and avoid court involvement for assets titled in the trust. The Washington Trust Code appears in RCW 11.103. Many clients choose a pour over will that transfers any remaining probate assets to the trust at death.
Durable Power of Attorney
A durable power of attorney can authorize a trusted agent to manage finances, real property, and taxes if you cannot act. Washington’s Uniform Power of Attorney Act is in RCW 11.125. A financial power of attorney can avoid the need for a court-appointed conservatorship in many situations.
Health Care Directive and Medical Power of Attorney
A health care directive (also called a living will) sets out your wishes about life-sustaining treatment. The Natural Death Act appears in RCW 70.122, and the Washington Department of Health shares patient materials and forms you can review with your attorney and physician at the Department of Health site. A separate medical power of attorney names the person who can speak with your doctors, supported by a HIPAA release consistent with HIPAA privacy rules.
Community Property Agreement
Washington is a community property state. A community property agreement for spouses can address survivorship rights and simplify transfer of community assets. Community property rules appear in RCW 26.16.
Our Vancouver team builds these pieces into a coordinated plan. If you want to learn what fits best for your family, reach out through our contact page or visit our Washington office page for more about our attorneys, paralegals, and client process.
Probate and Nonprobate Assets in Washington
Probate is the court process to confirm a will, appoint a personal representative, and handle creditor claims, tax filings, and distribution. Washington probate is generally efficient, but it still involves notices and deadlines. Nonprobate assets pass by contract or title, such as life insurance, retirement accounts, transfer on death accounts, or joint tenancy with right of survivorship. Washington law recognizes many nonprobate transfers, defined in the probate title beginning at RCW 11.02.
A careful review of beneficiary designations is critical so these nonprobate assets align with your will or trust. If a loved one has died, the Washington Courts share official resources and statewide forms at the Washington Courts forms page, which we supplement with hands-on guidance from our probate attorney team in Vancouver.
Trusts in Washington: Revocable, Testamentary, and Special Needs
Trusts can manage property for children, protect beneficiaries who need help with money, and give your successor trustee clear rules. Washington’s Trust Code at RCW 11.103 describes duties of a trustee, rights of beneficiaries, notice requirements, and court supervision when needed. A revocable living trust can avoid probate for assets titled in the trust, while a testamentary trust springs from a will and is overseen by the probate court. A special needs trust preserves eligibility for needs-based programs while enhancing quality of life, and may include a spendthrift provision to protect trust funds from most creditors.
We also help with funding a trust, which means retitling assets and updating beneficiary designations so the trust actually owns what it is designed to manage. Clear instructions help your trustee inventory assets, track income, and make distributions that fit the trust’s terms and Washington law.
Taxes: Washington Estate Tax and Federal Income Basis Rules
Washington has a separate estate tax administered by the Department of Revenue. The rules and filing thresholds are explained on the Department of Revenue estate tax page. Thoughtful planning can address whether a revocable trust, credit shelter trust, or marital trust is appropriate for your situation under Washington law.
At the federal level, income tax basis and the step up in basis rules affect capital gains for heirs. The IRS explains how basis works in Publication 551, and outlines responsibilities for survivors and personal representatives in Publication 559. Aligning your will or trust with these tax concepts can help reduce friction for beneficiaries and your trustee.
Planning for Families, Blended Families, and Minor Children
Every family is different. We frequently help married couples, unmarried partners, and blended families balance goals for a spouse and for children from prior relationships. Topics include guardianship nominations for minor children, choosing a trustee and successor trustees, and providing for a surviving spouse while respecting children’s inheritances. Clients often ask about using a revocable living trust to provide income to a spouse for life, then passing principal to children later.
When incapacity is a concern, Washington’s guardianship and protective arrangements are governed by RCW 11.130. Good planning with a durable power of attorney and a medical power of attorney can reduce the chance that a court appointment is needed. Families who include an adult child with a disability often use a special needs trust under the Washington Trust Code, along with a HIPAA release so the trustee or agent can coordinate with providers.
If you are thinking about a second marriage estate planning attorney in Vancouver WA, naming a trustee and executor, or setting up a guardianship nomination for minor children, we can explain your options in plain English. Get in touch through our contact page to schedule a meeting.
Planning for Small Businesses and LLC Succession
Small business and LLC succession planning keeps your company running if something happens to you. Your estate planning lawyer can coordinate operating agreements, buy-sell provisions, and key person instructions with your will or trust. For many entrepreneurs, we use an LLC succession planning attorney approach that pairs a revocable living trust with a durable power of attorney so a trusted person can handle banking and contracts immediately if you are unavailable. This planning can also reduce probate administration work for the personal representative.
Owners in Clark County often ask about estate planning for small business owners in Washington and how to keep control within the family. We discuss voting and nonvoting interests, funding a trust with your membership units, and insurance strategies. If disputes arise, our civil litigation and mediation experience can help resolve issues.
Real Estate, Community Property, and Transfer on Death Deeds
Real property often drives the plan. In many cases, we review whether a community property agreement and a deed approach can simplify transfers. Washington recognizes transfer on death deeds under the RCW 64.80 transfer on death deed statute. These deeds name a beneficiary who takes the property at death without probate, subject to any mortgages or liens and subject to creditor claims and Medicaid recovery rules where applicable. We also look at titling with survivorship rights and how those elections affect nonprobate assets and your overall distribution plan.
Because Washington is a community property state, a community property agreement under RCW 26.16 can streamline transfers between spouses. We explain pros and cons and how this interacts with step up in basis and Washington estate tax thresholds.
Incapacity Planning: Powers of Attorney and Health Care Directives
An incapacity plan ensures someone you trust can pay bills, manage accounts, and make medical decisions if you cannot. A financial power of attorney under RCW 11.125 covers money and property. A separate medical power of attorney and health care directive under RCW 70.122 guide your doctors. We also add a HIPAA release consistent with federal privacy rules so your agents can access records.
These steps can avoid or limit court involvement under RCW 11.130. If you need help for a parent or spouse, our team can explain whether a limited guardianship, a protective arrangement, or updated powers of attorney make the most sense.
Digital Assets and Beneficiary Designations
Online accounts, photos, and cryptocurrency are part of your estate. Washington adopted the Revised Uniform Fiduciary Access to Digital Assets Act in RCW 11.120, which lets you authorize a personal representative, trustee, or agent to access digital property. We guide clients on using provider tools, adding instructions to a will or trust, and storing credentials securely.
We also review beneficiary designations on retirement accounts and life insurance so nonprobate assets coordinate with your will or revocable trust. Titling assets correctly and using transfer on death designations on certain accounts can reduce probate work and speed up distributions.
Trust Administration and Probate Administration
After a death, Washington law requires prompt action by the personal representative or trustee. Tasks include securing property, notifying beneficiaries, preparing an estate inventory, handling creditor claims, filing taxes, and distributing assets according to the will or trust. Our probate team uses state rules in RCW 11.28 and related chapters to move matters forward efficiently. For trusts, the Washington Trust Code at RCW 11.103 outlines trustee duties, accounting, and notices.
We can also advise on disputes and settlement strategies. BFQ Law Washington offers civil litigation, settlement and dispute resolution, and mediation services, along with guidance on probate, wills, trusts and estate planning, criminal representation, and family law. When you need to coordinate multiple issues in one matter, it helps to have one team that can cover each step.
How to Work With BFQ Law Washington
Choosing an estate planning lawyer is a personal decision. At BFQ Law Washington, you meet with a team that listens to your goals, asks clear questions, and drafts documents that fit your life. We serve clients at our downtown Vancouver office located at 900 Washington Street, Suite 117, Vancouver, WA 98660. You can email WA@BFQLaw.com or request a meeting through the contact page. If you need help beyond estate planning, our practice also covers personal injury, family law, civil litigation, probate, wills trusts and estate planning, settlement and dispute, criminal representation, and mediation.
Whether your priority is a will, a durable power of attorney, a health care directive, or a living trust, we explain the choices in plain English and provide practical checklists for funding a trust, titling assets, and updating beneficiary designations.
FAQs
Do I need a revocable living trust in Washington, or is a will enough?
It depends on your goals, the kinds of assets you own, and how important it is to keep court involvement minimal. A well-drafted will can work, especially when assets pass by beneficiary designation as nonprobate assets. A revocable trust can add privacy, continuity if you become incapacitated, and simpler transfer for assets already titled in the trust. We will walk through pros and cons for your situation in Vancouver, WA.
What is the difference between a financial power of attorney and a medical power of attorney?
A financial power of attorney authorizes an agent to manage money, property, taxes, and contracts. A medical power of attorney authorizes a person to make health decisions if you cannot. Washington’s Uniform Power of Attorney Act is in RCW 11.125 and the health directive framework appears in RCW 70.122. We include a HIPAA release so your agent can access records when needed.
How do Washington’s estate tax rules affect my plan?
Washington has a separate estate tax administered by the Department of Revenue. The threshold and filing rules are on the Department’s estate tax page. Your plan can include trusts or other tools to address these rules and your family’s goals.
What is a special needs trust?
A special needs trust holds assets for a person with a disability without jeopardizing needs-based benefits. It can pay for quality-of-life items and services not covered by public programs. We draft these under the Washington Trust Code, and we coordinate with benefits counsel where needed.
What does “funding a trust” mean?
Funding a trust means moving assets into the trust’s name or updating beneficiary designations so the trust receives assets at death. Without funding, a trust may not control what you think it controls. We provide step-by-step lists for bank accounts, brokerage accounts, real property, and business interests.
Can I update an old will from another state?
Yes. We review your existing documents, explain Washington requirements, and prepare updated drafts that reflect state law and your current goals. We also help retitle assets and refresh beneficiary designations so everything matches the new plan.
If you have other questions about probate avoidance, transfer on death deeds, pour over wills, guardianship nominations for minor children, trust administration, inheritance dispute prevention, or naming a trustee and executor, we are glad to help at our Vancouver office or by video.
Next Steps and Contact
If you are ready to put your plan in place, or you need help as a personal representative or trustee, reach out to BFQ Law Washington or send a message through our contact page. You can also email WA@BFQLaw.com. Mention if you need help with wills and trusts, probate administration, trust administration, elder law questions, a power of attorney, a healthcare directive, a community property agreement, or a transfer on death deed.
We work with clients throughout Vancouver, WA and Southwest Washington, including Clark County communities. If your search was for an estate planning attorney for wills and trusts in Vancouver WA, a healthcare directive and living will attorney in Vancouver WA, or a trust attorney to explain probate vs nonprobate assets in Washington, we are here to help.
Ready to talk with an attorney about your estate plan in Vancouver, WA? Request your consultation here.
