Limitless Law PLLC

Join Us for Our New Office Grand Opening Ribbon Cutting

Sat, 11 Apr 2026 16:56:25 GMT

Come see our new space on Thursday, April 30, 2026 from 3-6pm

After 12 incredible years serving our clients in Bellingham, Whatcom County, and all over Washington State, Limitless Law PLLC is proud to announce we have a new home — and we want to celebrate with you!

We have relocated our offices to 1919 Cornwall Avenue, Bellingham, WA 98225, and we are marking the occasion with a Grand Opening Open House and Ribbon Cutting Ceremony hosted in partnership with the Bellingham Regional Chamber of Commerce.

�� Thursday, April 30, 2026

�� Open House: 3:00 – 6:00 PM

Ribbon Cutting: 4:00 PM

�� 1919 Cornwall Avenue, Bellingham, WA 98225

Come tour our beautiful new space, enjoy some refreshments, and help us mark this exciting chapter in our firm's history. Whether you're a long-time client, a colleague, or simply a friend of the firm — you are warmly welcome.

We are so grateful to the Bellingham community for 12 years of trust and support. We can't wait to show you what's next.

RSVP via the Bellingham Regional Chamber of Commerce

We look forward to seeing you there!

We've Moved! Limitless Law PLLC Has a New Home

Sat, 11 Apr 2026 03:04:57 GMT

We look forward to serving you at our beautiful new office location - 1919 Cornwall Avenue in Bellingham

We have some exciting news to share — Limitless Law PLLC has moved to a new office location in Bellingham!

Effective immediately, you can find us at:

�� 1919 Cornwall Avenue

Bellingham, WA 98225

This move represents an exciting new chapter for our firm and allows us to better serve our clients with more space and resources.

Our phone number, email addresses, and other contact information will all remain the same.

If you have an upcoming appointment, please make note of our new address. We look forward to seeing you soon.

Thank you for your continued trust and support — we look forward to seeing you at our new location.

On Skates & On Your Side

Wed, 01 Apr 2026 17:57:12 GMT

Limitless Law PLLC is proud to sponsor the Bellingham Roller Betties roller derby!

At Limitless Law PLLC, we believe that serving our clients and serving our community go hand in hand. So it should come as no surprise that when it came time to put our name behind a local organization that embodies grit, teamwork, and sheer determination, we didn't have to think twice. We are thrilled to announce that Limitless Law PLLC is a proud sponsor of the Bellingham Roller Betties, Whatcom County's own flat-track roller derby league.

Our founder and lead attorney Emily Rose has been lacing up her skates and taking hits with the Roller Betties for years. The Betties know Emily as skater #911 "Law & Diss-Order." She knows what it means to plant your feet (or wheels), hold your line, and refuse to back down, on the track and in the courtroom. The same fierce focus that makes a great blocker makes a great advocate: read the situation fast, protect what matters, and never let the opposing team push you around.

Roller derby is not a sport for the faint of heart. It demands physical courage, split-second strategy, and the kind of trust in your teammates that only comes from showing up, week after week, fall after fall, and getting back up every single time. Sound familiar? It's exactly how we approach the law.

Supporting the Betties also means supporting the kind of community we want to live and work in. The Roller Betties are a non-profit organization run entirely by their members, athletes who hold down day jobs and family lives and still somehow manage to train hard, organize events, and give back to Bellingham. That's the definition of limitless.

At Limitless Law PLLC, we're committed to investing in local organizations like the Roller Betties that make Bellingham a richer, stronger, more vibrant place. Whether you're a longtime derby fan or you've never seen a bout in your life, we encourage you to come watch, cheer, and support a league that gives everything they have on the track, every time they skate.

And if you ever need a lawyer who's not afraid to get in the mix and fight for you? Well. You know where to find her.

If you are seeking assistance with estate planning, probate, adoption, real estate transactions, or business legal questions, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more!

Check out the Bellingham Roller Betties and learn more about upcoming events at www.bellinghamrollerbetties.com

What Taylor Tomlinson: Prodigal Daughter Can Teach You About Estate Planning (Yes, Really)

Sun, 01 Mar 2026 14:13:29 GMT

If you’ve streamed Taylor Tomlinson’s recent Netflix comedy special, Prodigal Daughter, you know she tackles heavy life topics with a sharp comedic edge, including a big one that many people avoid: thinking about death.

But, tucked between the laughs and bold personal storytelling, there’s a moment in the special where Tomlinson talks about something most adults should confront (but often put off) until it’s too late: getting your affairs in order, including writing a will and thinking through your health care wishes.

Let’s unpack why the estate planning topics that Taylor talks about in her special matter to everyone, regardless of your age, income, or life stage.

1. Even Younger Adults Need a Plan

Taylor jokes about the irony of writing a will when she’s not even “old” yet (a sentiment many of us share). Yet the truth is clear: having a will before a crisis happens is a gift to the people you care about most.

A will:

• Specifies who gets your assets when you pass away

• Names an executor to handle your affairs

• Designates guardians for minor children (if applicable)

If you skip this step and something unexpected happens, the state’s default rules decide these outcomes. We find that most of our clients prefer to have the final say in how their estate is handled, rather than leaving it up to the government to decide.

2. Advance Health Care Decisions Matter

While Tomlinson’s set focuses on the humor inherent in confronting mortality, it opens the door to a serious point: situations arise where we might not be able to speak for ourselves. That’s where Advance Health Care Directives come in.

An Advance Health Care Directive lets you:

• Appoint someone you trust to make medical decisions on your behalf

• Express your preferences about treatments you do or don’t want

• Include wishes about things like organ donation or comfort care choices

Tomlinson’s humor might make you laugh, but the underlying message is profound: planning ahead gives you control.

3. Laughing About Tough Topics Can Prompt Real Action

Comedians have a unique power to make uncomfortable subjects feel less taboo. When someone as culturally visible as Taylor Tomlinson uses her platform to talk about these realities of life, it can be a nudge for people to take real steps. Estate planning isn’t just for the wealthy or the elderly. If you have people who depend on you, property you care about, or strong medical preferences you want honored, it’s for you. And humor can be one more reminder to get it done.

If Prodigal Daughter made you chuckle and made you think, here are some practical steps you can take right now:

➡️ Create or update a will that reflects your current relationships and assets

➡️ Set up an Advance Health Care Directive to name a trusted agent and state your wishes

➡️ Consider other planning tools, like financial powers of attorney, trusts, or beneficiary designations

➡️ Review your documents regularly, especially after major life changes (marriage, kids, divorce, etc.)

Estate planning doesn’t have to be morbid! It can be liberating. Laughing about it with Taylor Tomlinson is one thing… but putting a plan in place can be a life-changing act of responsibility and love for your family and friends.

If you’d like help crafting a plan that fits your life and goals (whether you’re just starting out, or updating old out-of-date documents) contact Limitless Law PLLC to schedule your strategy session with one of our attorneys. We’ll make the legal side as manageable and clear as possible.

Call 360-685-0145 or click here to learn more about how we can help!

2026 Breaking News on Washington's Estate Tax

Tue, 03 Feb 2026 17:43:47 GMT

Washington State's Estate Tax Exemption Just Increased for Tax Year 2026

For 2026, the federal estate and gift tax exemption has increased to $15 million per person, or $30 million for married couples who engage in proper planning.

This exemption represents the amount that can be transferred during life or at death without triggering federal estate tax. For many families, this means:

No federal estate tax exposure at all
Greater flexibility in lifetime gifting
New opportunities to shift wealth to children or trusts while exemption levels are high

Importantly, exemption amounts are set by federal law and can change in the future, so proactive planning remains critical.

Washington State Estate Tax: Incremental but Important Growth

Washington has its own estate tax system, separate from the federal rules—and the exemption is much lower.

For deaths occurring in 2026, the Washington estate tax exemption is $3,076,000, up from $3,000,000 in 2025.

This increase is the result of recent legislative changes:

Washington raised its estate tax exemption from $2.193 million to $3 million for deaths occurring on or after July 1, 2025
The law includes an annual inflation adjustment, which is why we now see the $3,076,000 exemption for 2026

Even with this increase, Washington estates can face estate tax liability well before any federal tax applies.

Why These Changes Matter for Estate Planning

These updated exemption amounts create both opportunity and risk:

Many Washington residents may owe state estate tax even when no federal estate tax is due
Married couples who rely on outdated plans may fail to fully use both exemptions
Trust structures, beneficiary designations, and gifting strategies should be revisited to ensure they still make sense under current law

If your estate plan hasn’t been reviewed recently—or was created when exemption amounts were lower—it may not be optimized for today’s landscape.

A Good Time to Review (or Start) Your Estate Plan

Estate tax laws continue to evolve, and exemption amounts are only one piece of the puzzle. A thoughtful estate plan can help:

Minimize Washington estate tax exposure
Preserve family wealth
Ensure your wishes are carried out efficiently and privately

At Limitless Law PLLC, we help clients design estate plans that are tailored to current law while remaining flexible for future changes.

If you’d like to review your existing plan or explore whether these 2026 changes affect you, we’re happy to help.

Call 360-685-0145 or click here to learn more about how we can help!

Is a Professional Fiduciary a Good Option for Your Estate?

Sat, 03 Jan 2026 14:55:00 GMT

You have options if none of your loved ones is willing or able to be in charge of your estate

One of the most important decisions in any estate plan is choosing who will step in to manage your affairs if you cannot. Who will carry out your wishes after your death? This role is known as a "fiduciary" and while many people instinctively look to a trusted family member or friend, that is not always the most effective, best choice for your unique situation.

At Limitless Law PLLC, we often remind clients that good estate planning is not just about documents, it is about reducing stress, preventing conflict, and making life easier for the people you care about. In some cases, that goal is best served by appointing a professional or corporate fiduciary.

What Is a Fiduciary?

A fiduciary is a person or organization legally obligated to act in someone else’s best interests. In Washington State estate planning, fiduciaries commonly serve as:

· Personal Representatives (also called executors) of wills

· Trustees of revocable or irrevocable trusts

· Agents under Powers of Attorney (financial or healthcare)

· Guardians for minors or incapacitated adults

Washington law imposes strict duties on fiduciaries, including duties of loyalty, care, honesty, and accountability. A fiduciary must follow the governing documents and comply with state law—sometimes under court supervision.

What Is a Professional or Corporate Fiduciary?

A professional fiduciary is an individual who serves as a fiduciary as part of their profession. A corporate fiduciary is typically an institution, such as a trust company or bank trust department, that provides fiduciary services.

These fiduciaries are paid for their work and are experienced in handling responsibilities such as:

· Managing and safeguarding assets

· Paying bills, taxes, and creditors

· Maintaining detailed financial records and accountings

· Communicating with beneficiaries

· Navigating probate, trust administration, and court requirements

· Making impartial decisions under difficult circumstances

Unlike friends or family members, professional fiduciaries are expected to remain neutral, consistent, and focused on compliance and administration rather than personal dynamics.

When Might a Professional or Corporate Fiduciary Be the Right Choice?

Every family and estate plan is different, but professional fiduciaries are often a good fit in the following situations:

Family Conflict or Tension

If relationships among family members are strained (or may become strained) a neutral fiduciary can significantly reduce conflict. This can help preserve relationships and avoid costly disputes or litigation.

Complex or High-Responsibility Estates

Estates involving businesses, rental properties, commercial real estate, or ongoing trusts often require skills and time that go well beyond what most people expect. A professional fiduciary brings experience and systems designed for these responsibilities.

No Clear or Willing Individual

Sometimes there is no obvious person to serve (or the "right" person simply does not want the job). Serving as a fiduciary can be time-consuming, stressful, and emotionally difficult. A professional fiduciary can step in without placing that burden on a loved one.

Concerns About Capacity or Reliability

Even well-intentioned family members may struggle with paperwork, deadlines, financial management, or conflict among beneficiaries. Choosing a professional fiduciary can provide peace of mind that details will not be overlooked.

Blended Families or Sensitive Distributions

When an estate plan involves second marriages, step-children, or unequal distributions, neutrality matters. A professional fiduciary can help ensure the plan is carried out exactly as intended, without accusations of favoritism.

Long-Term Planning for Incapacity

For long-term Powers of Attorney or trusts designed to operate over many years, a professional fiduciary can provide continuity even if circumstances change or individuals are no longer available.

What About Cost?

Professional and corporate fiduciaries charge fees, which may be hourly or based on a percentage of assets that they are managing on behalf of the estate. While cost is an important consideration, many clients find that the benefits (reduced conflict, professional administration, and peace of mind) outweigh the expense.

In Washington State, professional fiduciaries are subject to licensing and regulatory requirements, providing an added layer of accountability.

A Flexible Approach

Naming a professional fiduciary does not have to be an all-or-nothing decision. Some clients name a professional fiduciary as a backup, while others pair a family member with a professional as co-fiduciaries, balancing personal knowledge with professional oversight.

Thoughtful Planning Is About More Than Trust

Choosing a fiduciary is not about distrusting your loved ones, it is about choosing the right tool for the job. A well-designed estate plan anticipates challenges, protects loved ones, and creates clarity during difficult times.

At Limitless Law PLLC, we help clients think through these decisions carefully, with an eye toward both the legal requirements and the human realities involved.

Ready to Talk Through Your Options?

If you are creating or updating an estate plan and are unsure who should serve as your fiduciary, a thoughtful conversation now can prevent stress and conflict later. We invite you to schedule a strategy session with Limitless Law PLLC to explore your options and design a plan that truly fits your life, your family, and your goals.

Call 360-685-0145 or click here to learn more about how we can help.

Preparing for a Major Medical Procedure?

Thu, 04 Dec 2025 14:07:59 GMT

Consider Getting These Important Legal Documents in Place ASAP

When it comes to your health and well-being, planning ahead is crucial—especially before undergoing a major medical procedure. While the focus is often on the medical care itself, it's equally important to ensure that the proper legal documents are in place to protect your interests and make sure your wishes are honored. Below, we’ll break down four key documents you should consider having in place before any major procedure: a Healthcare Power of Attorney, HIPAA Authorization, Directive to Physicians (also known as a Health Care Advance Directive), and a Durable Financial Power of Attorney.

1. Healthcare Power of Attorney

A Healthcare Power of Attorney is a legal document that lets you appoint someone you trust to make medical decisions on your behalf if you are unable to do so. This might happen if you're unconscious, sedated, or otherwise incapacitated during surgery or a procedure. Having a designated healthcare agent ensures that someone who knows your values and preferences can make decisions that reflect your wishes, whether it’s about treatment options, life support, or end-of-life care.

Why It’s Important: Without this document, decisions could be made by doctors or even strangers, and they might not be in line with what you would have wanted. It's vital to have an advocate who can step in during critical times.

2. HIPAA Authorization

A Health Insurance Portability and Accountability Act (HIPAA) Authorization form allows you to give others permission to access your medical information. This is especially important if you're unable to communicate, as family members or healthcare agents may need to know your medical history or current conditions in order to make informed decisions about your care.

Why It’s Important: Without a signed HIPAA form, your doctors and medical staff may be restricted from sharing important health information with your loved ones or appointed healthcare agent. This could delay decision-making and prevent your loved ones from getting the support they need to act on your behalf.

3. Directive to Physicians/Health Care Advance Directive

A Directive to Physicians , also known as a Health Care Advance Directive , allows you to specify your preferences for medical treatment, particularly in situations where you might be terminally ill or permanently unconscious. This document gives instructions on things like whether or not to use life support, what types of treatments you do or don’t want, and who can make those decisions.

Why It’s Important: It ensures that your wishes are known and followed if you can't communicate them yourself. Without a directive, your doctors may have to make tough decisions without knowing what you truly want, and your family might face unnecessary confusion or conflict.

4. Durable Financial Power of Attorney

A Durable Financial Power of Attorney allows you to designate someone to manage your financial matters if you’re unable to do so. This could include paying bills, managing investments, or handling real estate transactions. This is different from a healthcare power of attorney, which only covers medical decisions, but it’s just as important to ensure that someone can handle your financial responsibilities while you’re focused on recovery.

Why It’s Important: If you're in surgery or recovery and unable to manage your finances, you don’t want to risk missing important deadlines or facing financial hardship. A durable financial power of attorney ensures that someone can take care of your financial matters without delay.

Plan Ahead for Peace of Mind

While no one likes to think about the "what-ifs" of a major medical procedure, having these legal documents in place can provide peace of mind knowing that your wishes will be respected and your affairs will be handled appropriately. Whether you're facing surgery, a medical procedure, or just planning for the future, it's important to consult with a qualified attorney to ensure that you have the right documents to protect yourself and your loved ones.

If you have any questions or need help creating these essential legal documents, the team at Limitless Law PLLC is here to assist you every step of the way. Contact us today to discuss your needs and create a plan that’s right for you.

Call 360-685-0145 or click here to learn more!

How a Disclaimer Trust Can Help Save Your Family Money on Washington Estate Tax

Mon, 03 Nov 2025 22:00:00 GMT

If you live in Washington State, you may already know that our state has its own estate tax, separate from the federal estate tax. Washington’s estate tax rules have recently undergone a substantial change.

As of July 1, 2025:

The estate tax exemption is now $3 million per person (up from just over $2 million prior to the change in the law).
The estate tax rates are now higher, ranging from 10% to 35%, depending on the size of the taxable estate.

That means many Washington families (even those who don’t consider themselves “wealthy”) may face significant estate tax exposure. The good news? A well-designed estate plan, including a disclaimer trust, can help reduce or even eliminate Washington estate taxes.

Washington State Estate Tax Exemption in 2025

The estate tax exemption is the amount you can pass at death without owing estate tax. In Washington for 2025:

Each individual has a $3 million exemption.
A married couple can potentially shelter $6 million by taking advantage of special estate planning tools like disclaimer trusts.
Anything above these exemption amounts may be subject to Washington’s estate tax.

Because home values, retirement accounts, and life insurance proceeds all count toward the value of your estate, many families find themselves unexpectedly above the $3 million threshold.

Washington State Estate Tax Rates in 2025

For deaths occurring on or after July 1, 2025, Washington estate tax applies as follows (only to the value of an estate above $3 million):

$0 – $1 million → 10%
$1 – $2 million → 15%
$2 – $3 million → 17%
$3 – $4 million → 19%
$4 – $6 million → 23%
$6 – $7 million → 26%
$7 – $9 million → 30%
Above $9 million → 35%

These higher brackets make strategic estate planning more important than ever.

What Is a Disclaimer Trust?

A disclaimer trust is a flexible estate planning tool often used by married couples in Washington. It works like this:

When the first spouse dies, everything could pass to the surviving spouse.
But with a disclaimer trust, the surviving spouse has a choice—they can “disclaim” (refuse) part of the inheritance.
The disclaimed assets go into a trust, where they are sheltered by the deceased spouse’s $3 million exemption.
The surviving spouse can still access the trust income, and in many cases, principal as well.

Benefits of a Disclaimer Trust in Washington

Here’s why a disclaimer trust can be so powerful for estate tax planning:

Preserves Both Exemptions: Instead of wasting one spouse’s $3 million exemption, both can be used—shielding up to $6 million.
Flexibility: The surviving spouse doesn’t have to decide today. They can wait until the first spouse dies to see what makes the most financial sense.
Tax Savings: With rates as high as 35%, preserving both exemptions can save families hundreds of thousands—or even millions—of dollars in Washington estate tax.
Protection for Heirs: A disclaimer trust can also protect assets for children and future generations.

Is a Disclaimer Trust Right for Your Family?

You might benefit from a disclaimer trust if:

You and your spouse (as Washington State reisdents) have a combined estate of more than $3 million.
You own valuable real estate, retirement accounts, or life insurance.
You want flexibility to adapt to future changes in the law.
You want to minimize or avoid Washington estate taxes.

If you want to learn more about how a disclaimer trust could help your family, contact our office today to schedule a strategy session. We’ll walk you through your options and help you create a Washington estate plan that makes sense for your goals.

Call 360-685-0145 or click here to learn more!

National Adoption Day Celebration in Whatcom County November 14, 2025

Mon, 27 Oct 2025 15:09:44 GMT

Families are invited to celebrate in the Garden Room at 10 a.m. on 11/14/2025

Fans and friends of Limitless Law PLLC already know that helping complete a family through adoption is one of our favorite ways to help our clients and our community!

We're excited to announce that Whatcom County Superior Court will be hosting a National Adoption Day celebration at 322 N. Commercial St., Bellingham, WA 98225 (the "Garden Room") from 10 a.m. to 12 p.m. (noon) on November 14th, 2025.

If you, or anyone you know, is interested in expanding your family through adoption, Limitless Law PLLC is here to help! We have a particular wealth of experience in assisting families with step-parent and third-parent adoptions as well as adult adoptions and other 'non-traditional' adoption cases, in addition to child adoption. Please don't hesitate to reach out if we can assist you with your adoption process or questions.

If you are seeking assistance with adoption, estate planning, probate, real estate transactions, or business legal questions, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

Limitless Law PLLC Wins! Best of the Northwest 2025

Wed, 01 Oct 2025 15:34:09 GMT

Thank you to all of our clients and friends for voting for us

We are proud to share some exciting news: Limitless Law PLLC has been honored with the Silver Award in the 2025 Best of the Northwest readers’ choice awards by Bellingham Alive magazine!

Each year, the readers of Bellingham Alive cast their votes for their favorite businesses and professionals across Whatcom, Skagit, and San Juan counties. Being recognized among so many outstanding local firms is both humbling and energizing for our entire team.

At Limitless Law PLLC, our mission is simple: to provide clear guidance, compassionate support, and practical solutions to individuals and families navigating legal questions and paperwork, to help you understand your rights and options, and to protect what is most important to you. This award is a reflection of the trust our clients place in us, and we are truly grateful for your confidence and support.

We also want to thank Bellingham Alive and its readers for this recognition. We are honored to serve our community and will continue to strive for excellence in every single matter that our clients entrust to us.

This recognition wouldn’t be possible without the amazing clients, colleagues, and community members who have supported us here at Limitless Law PLLC. We look forward to continuing to serve you in 2025 and beyond.

Call 360-685-0145 or click here to learn more.

Your College Student Needs Estate Planning?

Mon, 01 Sep 2025 19:09:15 GMT

What to Do Before School Starts

Watching your child pack up for college is one of life’s proudest (and most emotional) moments. As parents, you have spent years preparing them academically, emotionally, and financially for this next big step. But there’s one piece of preparation that often gets overlooked: legal planning.

Here’s the surprising truth: once your child turns 18, you no longer have automatic authority to step in and help with their medical care, finances, or even get updates from a doctor in an emergency. Legally, they’re an adult. That means if something unexpected happens, you could be left on the sidelines unless certain documents are in place.

Before move-in day, every college student over the age of 18 should have the following documents signed:

Health Care Power of Attorney

Imagine your student is injured in a car accident and can’t speak for themselves. A health care power of attorney allows them to name a trusted person (often a parent) to make medical decisions on their behalf. Without it, you may lose precious time in a crisis going through the court system to obtain legal authority to act on behalf of your adult child.

HIPAA Authorization

Hospitals take privacy laws seriously. Even if you’re the parent paying tuition or health insurance, doctors cannot share your adult child’s medical information with you without their written consent. A HIPAA authorization ensures you’ll be able to get updates if your child is hospitalized or needs urgent care.

Durable Power of Attorney

College life comes with bank accounts, leases, student loans, and sometimes even car accidents. With a durable power of attorney , your student can authorize you (or someone else they trust) to handle financial and legal matters if they’re away or incapacitated. This can be as simple as helping them replace a lost debit card while studying abroad, or as serious as managing bills while they recover from an illness.

Living Will (Advance Directive)

Though hard to think about, a living will or advance health care directive lets your student make their wishes known about life-sustaining treatment in advance. Having their preferences in writing helps spare loved ones from making difficult choices during a crisis.

When Would My College Student Need Estate Planning Documents Like These?

Emergencies happen. A sports injury, a study abroad mishap, or a sudden illness can put parents in a difficult position if they don’t have the legal ability to step in. By signing these documents, your student is making sure you’ll be able to help when it matters most.

Peace of Mind for the Whole Family

Preparing these documents before college is a simple step that brings enormous peace of mind. It allows your child to enjoy their independence while ensuring that, if the unexpected happens, you’ll be able to step in and support them.

�� Put Estate Planning on Your College Student’s “Back to School” To-Do List: If your son or daughter is heading to college this fall, now is the perfect time to put these protections in place. Contact our office! We’ll walk you and your student through the process so everyone can head into the school year with confidence. If you are seeking assistance with estate planning, probate, adoption, real estate transactions, or business legal questions, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more

✅ Student Legal Planning Checklist Before College

Before your student heads off to campus, make sure these essential documents are in place:

Health Care Power of Attorney: Lets a trusted adult make medical decisions if your student can’t.
HIPAA Authorization: Gives doctors permission to share medical updates with you.
Durable Power of Attorney: Allows someone to handle financial and legal matters on behalf of your student.
Living Will / Advance Directive: Clearly states your student’s wishes about medical treatment in an emergency.

�� Tip: Keep copies of these documents in a safe but accessible place. Give a copy to your student, a parent, and to their school health office (if allowed).

Washington Adopted the Uniform Custodial Trust Act

Fri, 08 Aug 2025 23:57:14 GMT

This New Law Change is Effective July 27, 2025

Washington law just got simpler and more flexible for trust planning. With the enactment of Senate Bill 5037, now known as the Washington Uniform Custodial Trust Act, individuals across the state can now establish custodial trusts under streamlined statutory guidelines starting July 27, 2025.

What Is the Uniform Custodial Trust Act?

Originally drafted by the Uniform Law Commission in 1987, UCTA offers a simplified mechanism, somewhat similar to the well-known Uniform Transfers to Minors Act (UTMA), which allows adults to transfer property into a custodial trust for their own use or that of another beneficiary. Washington’s version allows someone to create such a trust through a written transfer or declaration naming a custodial trustee and a beneficiary.

Why It Matters

Affordability and simplicity: No complex trust documents are required! Simple written instructions can suffice.

Flexibility for adults: Beneficiaries retain the power to direct asset management or withdraw property, as long as they are not incapacitated.

Protection in incapacity: If the beneficiary becomes incapacitated, the custodial trustee shifts to managing the trust under a prudent-person standard, without needing court approval.

Ease of creation: Whether through deeds, security registrations, wills, or insurance designations, creating a custodial trust is straightforward.

Clear termination rules: The trust may be terminated by the (non-incapacitated) beneficiary, a conservator, or automatically upon the beneficiary’s death, with defined distribution procedures.

What It Means for You

For individuals: A custodial trust provides simplified, low-cost planning, which can be ideal for those wary of elaborate estate plans or high legal fees.

For families with special needs: Parents or loved ones can securely transfer assets to a trusted custodian without risking public benefits.

For those planning ahead : Especially useful for individuals facing potential incapacity, such as aging clients or those in transitional life phases.

How We Can Support You

Limitless Law PLLC is ready to assist clients in harnessing the UCTA to its fullest potential. Whether that means drafting simple trust instruments, advising on beneficiary selection and trustee roles, or planning for succession and termination, we’ll help tailor your trust to align with your own personal and financial goals.

Call 360-685-0145 or click here to learn more

Happy Pride from Limitless Law!

Tue, 08 Jul 2025 16:36:54 GMT

Come see us at the Bellingham Pride Festival on Sunday, July 13th 2025!

We are excited to announce that Limitless Law PLLC will be participating in the Bellingham Pride Festival on Sunday, July 13th, 2025 , at Depot Market Square in downtown Bellingham, Washington! We have had the privilege to participate in Bellingham's Pride every year since our founding in 2014.

As a queer-owned firm , we are honored to support our LGBTQIA+ community and we're excited to celebrate Pride with you!

We invite you to stop by our booth during the event! Our team will be there to connect, supply you with all of the free rainbow beads you need to celebrate Pride in style, and offer resources about legal rights, estate planning, name/gender marker changes, and more. Whether you're looking for legal support or just want to say hello, we’d love to meet you.

�� Location: Depot Market Square, Bellingham, WA
�� Date: Sunday, July 13, 2025
�� Time: The festival is from noon to 4pm

Bellingham Pride is always a fun, family-friendly event filled with music, local vendors, food, and community spirit. Come celebrate with us and show your Pride!

We’ll see you there! ��

Call 360-685-0145 or click here to learn more.

Limitless Law PLLC Won Silver for “Best Law Firm” and “Best Estate Law Firm” in the 2025 Cascades Best Awards

Mon, 30 Jun 2025 15:00:40 GMT

Thank you for voting!

We are excited to share some wonderful news with our clients, colleagues, and community: Limitless Law PLLC has been named the Silver Winner for both Best Law Firm and Best Estate Law Firm in the 2025 Cascades Best awards.

This recognition is especially meaningful because it comes directly from the votes and voices of the people we serve in Bellingham and throughout Whatcom County and Washington State. We are grateful to everyone who took the time to nominate and vote for our firm.

At Limitless Law, our mission has always been to provide clear guidance and compassionate service across all of our practice areas—from estate planning and probate to family law and business law. These awards affirm that our commitment to making legal services more approachable and transparent is making a difference in our clients’ lives.

Thank You to Our Community

We know that choosing a law firm is a deeply personal decision, and we never take your trust for granted. Your support motivates us to continue striving for excellence and to keep innovating the way we deliver legal help.

Looking Ahead

As we celebrate this milestone, we also look forward to the year ahead. Whether you need help planning your legacy, navigating a family transition, or starting a new business, our team is here to stand by your side with experience, care, and respect.

Thank you again for this honor—it is a privilege to serve such a vibrant and supportive community.

— The Team at Limitless Law PLLC

Call 360-685-0145 or click here to learn more

https://www.cascadesbest.com/listing/2025/law-firm

Washington State's New Rent Control Law (HB 1217)

Sun, 08 Jun 2025 13:46:30 GMT

What Landlords Need to Know

Washington State has entered a new era of landlord-tenant relations with Governor Bob Ferguson's recent signing of House Bill 1217 (HB 1217) into law. This landmark legislation, which became law as of May 7, 2025, introduces statewide rent control measures, significantly impacting both property owners and renters across the state.

As a law firm dedicated to helping our clients navigate complex legal landscapes, we want to share some information to help you understand the key provisions of this new law and what it could mean for you.

What Does HB 1217 Do?

At its core, HB 1217 aims to stabilize housing costs and prevent sudden, drastic rent increases for existing tenants. Here's a breakdown of its most critical components:

Annual Rent Increase Cap: For most residential tenancies, landlords are now limited in how much they can increase rent annually. The cap is set at 7% plus the Consumer Price Index (CPI) or 10%, whichever is less , in any 12-month period.

Important Note: The Washington Department of Commerce will publish the maximum allowable increase annually on June 1st, using the June 12-month percent change in the CPI for All Urban Consumers (Seattle area).

For manufactured and mobile homes, the rent cap is lower, at 5%.

First-Year Rent Freeze: Landlords are now prohibited from increasing rent during the first 12 months of any tenancy, regardless of whether it's month-to-month or a fixed term. However, landlords can still set the initial rent for new tenants at any amount.

Increased Notice Requirements: Landlords must now provide tenants with at least 90 days' written notice before implementing any rent increase. This is an increase from the previous 60-day requirement. The law also specifies the exact language landlords must use in these notices.

Rental Parity for Lease Types: HB 1217 requires landlords to offer rental parity between different lease types for the same dwelling unit. This means a landlord cannot charge more than a 5% difference in rent based on whether the lease is month-to-month or for a fixed term.

Tenant Remedies for Unlawful Increases: If a landlord implements an unlawful rent increase, tenants have new avenues for recourse. They must first provide the landlord with a written demand to reduce the increase to a compliant amount. Additionally, tenants may terminate their rental agreement with at least 20 days' written notice if a rent increase exceeds the legal cap, without incurring lease break penalties.

Enforcement and Penalties: The Washington Attorney General is authorized to enforce the provisions of HB 1217 under the Consumer Protection Act. Tenants are also granted a private cause of action to seek damages, including actual damages, up to three months' rent, and attorneys' fees, if their rights under the bill are violated. The Attorney General can recover up to $7,500 per violation.

Exemptions: Not all rental properties are subject to these new limitations. Key exemptions include:

New construction, for a period of 12 years following the issuance of the first certificate of occupancy.

Owner-occupied units in duplexes, triplexes, and fourplexes where the owner resides onsite at tenancy inception and continues to live there.

Nonprofit-owned properties.

Rental adjustments after a tenant vacates a dwelling unit are not subject to the caps.

What This Means for Landlords:

Immediate Action Required: Given the immediate effective date, landlords must swiftly review and update their lease agreements, rent increase policies, and notice procedures to ensure full compliance with HB 1217.

Careful Planning of Rent Increases: The new caps and notice requirements necessitate more strategic and long-term planning for rent adjustments.

Understanding Exemptions: If you believe your property qualifies for an exemption, ensure you understand the specific requirements for claiming it as outlined in the bill.

Risk of Litigation: Non-compliance can lead to significant legal and financial consequences, including civil actions by tenants and enforcement by the Attorney General.

A New Landscape for Washington's Rental Market

House Bill 1217 represents a significant shift in Washington's approach to housing affordability. While proponents argue it will provide much-needed stability for renters, critics express concerns about its potential impact on housing supply and investment.

Regardless of your perspective on this new law, the law is now in effect, and compliance is paramount. Our firm is here to help landlords navigate these new regulations. If you have questions about how HB 1217 impacts your specific situation, please do not hesitate to contact us to schedule your strategy session with our attorney. Call 360-685-0145 or click here to learn more.

This blog post is for informational purposes only and does not constitute legal advice. If you have questions about your own legal rights and options, please contact the knowledgeable team at Limitless Law PLLC to schedule a strategy session with our attorney. Call 360-685-0145 or click here to learn more.

Big News: Washington State Raises Estate Tax Threshold to $3 Million Starting July 1, 2025

Wed, 21 May 2025 19:57:33 GMT

Washington State has increased the estate tax threshold to $3 million, effective for deaths occurring on or after July 1, 2025.

Here's a Breakdown of the Key Changes in the Washington State Estate Tax:

Increased Exemption: The estate tax exemption rises from $2.193 million to $3 million. This means estates valued at $3 million or less will not be subject to the Washington state estate tax.
Inflation Adjustment: The $3 million exemption amount will be adjusted annually for inflation, starting January 1, 2026.
Increased Tax Rates: While the exemption is higher, the estate tax rates have also been increased for estates exceeding $1 million. The top marginal rate is now 35% for estates over $9 million.
Qualified Family-Owned Business Interest Deduction: The deduction for qualified family-owned business interests has also been increased to $3 million.

What Do These Changes Mean For You?

Reduced Tax Burden for Some: Estates valued between $2.193 million and $3 million will now be exempt from the Washington estate tax.
Higher Taxes for Larger Estates: Estates exceeding $3 million will face higher taxes due to the increased tax rates. For example, estates over $9 million will be taxed at a top rate of 35%, up from 20%.
Estate Planning Implications: Individuals with estates potentially subject to the Washington estate tax should review their estate plans to account for these changes.

These changes to the Washington State estate tax represent a significant shift. While the increased exemption provides relief for some, the higher tax rates on larger estates mean that careful estate planning is more crucial than ever.

If you’d like to learn more about how the new estate tax laws recently enacted in Washington State may impact you and your loved ones, or if you need help creating an estate plan tailored to your goals, contact our office . Limitless Law's experienced estate planning team is ready to guide you every step of the way. You are welcome to contact us to schedule your strategy session with our attorney. Call 360-685-0145 or click here to learn more.

Limitless Law's Lead Attorney Emily Rose is a SuperLawyer

Sat, 26 Apr 2025 23:56:09 GMT

We're thrilled to share some exciting news from Limitless Law PLLC! For an impressive sixth consecutive year , our lead attorney Emily Rose has been recognized as a Super Lawyer. SuperLawyers has honored Emily as a Rising Star every single year from 2020 through 2025. This isn't just an award; it's a significant marker of legal excellence and a testament to Emily’s unwavering commitment to our clients.

But what exactly does it mean to be a Super Lawyer? It's more than just a title. Super Lawyers employs a meticulous, multi-stage selection process designed to identify the top lawyers in their respective fields. Here's a glimpse into what it takes:

Peer Nomination: The process begins with lawyers across the state nominating their esteemed colleagues – those they've seen demonstrate exceptional legal ability and ethical standards firsthand. This isn't about popularity; it's about professional respect.
Independent Research: The Super Lawyers team conducts its own thorough research, evaluating candidates based on a dozen key indicators of professional achievement and peer recognition. These indicators include things like verdicts and settlements, experience, bar activity, pro bono and community service, and scholarly lectures and writings.
Peer Evaluation: Nominees with the highest point totals from the peer nominations and independent research are then evaluated by a blue-ribbon panel of attorneys within their primary practice areas. This peer review ensures a comprehensive assessment of each lawyer's standing within their specialty.
Final Selection: Only a small percentage of attorneys in each state achieve the Super Lawyers Rising Star distinction – no more than 2.5% of the lawyers in each state who either are 40 years old or younger or have been in practice for 10 years or less are selected for the Rising Stars list.. This selectivity underscores the significance of this recognition.

Being named a Super Lawyer Rising Star for six consecutive years signifies Emily’s consistent demonstration of these qualities:

Exceptional Legal Skill: A deep understanding of client needs in the areas of estate planning, probate, business transactions, adoption and debt management, as well as a proven ability to navigate complex legal challenges effectively.
Outstanding Professional Achievement: A track record of success in representing clients and achieving positive outcomes.
High Ethical Standards: A commitment to practicing law with integrity and upholding the highest ethical principles.
Strong Peer Recognition: The respect and admiration of fellow attorneys within the legal community, who recognize Emily's expertise and professionalism.
Dedication to Clients: An unwavering focus on understanding our clients' needs, providing personalized attention, and advocating fiercely on their behalf.

At Limitless Law PLLC, we believe this consistent recognition of Emily speaks volumes about the quality of legal services you can expect from our entire team. We are committed to upholding the standards of excellence that the Super Lawyers designation represents.

If you're seeking experienced, highly-rated legal counsel in the areas of estate planning, trust and probate administration, adoption, business contracts and transactions, or prenuptial agreements, we invite you to connect with us. We're here to provide the dedicated and skillful representation you deserve.

Call 360-685-0145 or click here to learn more.

When Your Lawyer is Also a Roller Derby Girl...

Wed, 09 Apr 2025 19:09:34 GMT

Limitless Law PLLC is a proud sponsor of the Bellingham Roller Betties roller derby

At Limitless Law PLLC, we know that fighting for what matters takes grit, guts, and a little bit of attitude — exactly why we’re proud to sponsor the Bellingham Roller Betties again this season!

Some of you know that our lead attorney, Emily, has skated with the Betties for years. You've seen her take the track with the Grit Pit, the Cog Blockers, and the Derby Enforcement Agency.

The Betties don’t just skate — they crash through barriers, lift each other up, and bring serious power to the track. That same fearless spirit is something we strive to bring into our work every day as we advocate for our clients.

Roller derby is raw, fast, and fiercely supportive — a perfect reflection of what makes the Bellingham community so special. We’re honored to back a league that stands for strength, inclusion, and unapologetic determination.

You’ll catch our logo out on the track again this season — but even better, you’ll catch us in the stands, shouting ourselves hoarse and backing the Betties as they do what they do best: leave it all on the track.

Here’s to a season of hard hits, big wins, and bigger hearts.

We’re all in. See you at the bout!

Call 360-685-0145 or click here to learn more

Third-Parent Adoption: Legal Recognition for Families in Washington State

Wed, 05 Mar 2025 19:55:20 GMT

Washington State stands at the forefront in recognizing that love and parental commitment often extend beyond traditional two-parent structures. Through third-parent adoption, Washington State provides a legal avenue for families—particularly those in LGBTQ+, blended, or polyamorous and ethically non-monogomous communities—to formalize the roles of multiple caregivers in a child's life.

What Is Third-Parent Adoption?

Third-parent adoption is a legal process that allows an individual to become a child's third legal parent without necessitating the termination of existing parental rights. This approach acknowledges the evolving dynamics of modern families, where a child may be raised by more than two committed adults

Legal Framework in Washington State

Washington's adoption laws are notably inclusive. The state permits more than two individuals to be legally recognized as parents, provided the arrangement serves the child's best interests. This legal recognition is particularly significant for:

LGBTQ+ Families : Same-sex couples and their partners can ensure all parental figures have legal rights and responsibilities.

Blended Families : Stepparents actively involved in child-rearing can attain legal parent status alongside biological parents.

Polyamorous and Ethically Non-Monogomous (ENM) Families : Adults in a consensual relationship raising a child together can be legally acknowledged as parents.

Such legal recognition ensures that all parents can make decisions regarding education, healthcare, and other critical aspects of a child's life.

The Adoption Process

Pursuing a third-parent adoption in Washington involves several key steps:

Consent : All existing legal parents must consent to the addition of a third parent.
Petition Filing : The prospective third parent files an adoption petition in court.
Home Study : A pre-placement report evaluates the prospective parent's home environment and suitability.
Court Hearing : A judge reviews the case to determine if the adoption aligns with the child's best interests.

It's important to note that while Washington law permits third-parent adoptions, individual court procedures may vary. Therefore, consulting with a knowledgeable adoption attorney is crucial to navigate the process effectively.

Importance of Legal Recognition

Legal recognition through third-parent adoption offers numerous benefits:

Parental Rights : All legal parents can make decisions about the child's welfare.
Stability : In cases of separation or the death of a parent, the child retains legal ties to all caregivers.
Healthcare Access : All parents can consent to medical treatment and access health records.
Inheritance : Children have inheritance rights from all legal parents.

These legal protections ensure that a child's needs are met and that all parents' legal rights reflect the realities of their family structure.

Interested in Learning More About Whether Third-Parent Adoption is the Best Choice for Your Family?

Washington State's recognition of third-parent adoption underscores its commitment to embracing diverse family configurations. By providing a legal pathway for multiple caregivers to have full parental rights, the state ensures that children's best interests are safeguarded in diverse family structures.

If you're considering a third-parent adoption or have questions about the process, Limitless Law PLLC is here to assist you. We are dedicated to supporting families in all their forms, ensuring that every parent-child relationship receives the legal recognition it deserves.

For personalized guidance on third-parent adoption in Washington State, please contact our office at Limitless Law to schedule your strategy session with our attorney. Call 360-685-0145 or click here to learn more.

Is it Legal to be Buried On Your Own Property In Washington State?

Wed, 05 Feb 2025 23:30:00 GMT

At Limitless Law, we understand that honoring the memory of loved ones is deeply personal. Some families wish to establish private burial grounds on their property to maintain a tangible and lasting connection to those they have lost. However, the law surrounding private burials in Washington State is complex and continually evolving. Here is the latest information you need to know regarding the legality of family burial grounds in Washington State:

Washington State House Bill 1037 (2023-24)

House Bill 1037 (HB 1037), introduced during the 2023-24 legislative session, aimed to make it easier for individuals to establish "family burial grounds" on private property. The bill passed the Washington House of Representatives twice with overwhelming support but ultimately stalled in the Senate. As of 2025, HB 1037 has not yet become law.

What HB 1037 Proposed

The bill would have allowed:

Private Ownership : Only natural persons (not corporations or legal entities) could designate a family burial ground on their own property.
Size and Location Limits : The burial area could not exceed 10% of the parcel's size and had to maintain minimum distances from property boundaries, easements, and critical areas like wetlands.
Non-Commercial Use : Family burial grounds would strictly be for non-commercial purposes; selling plots or services was prohibited.
Mandatory Record-Keeping : Each burial would need to be reported to the county auditor and the Washington State Department of Archaeology and Historic Preservation within 30 days, including important details such as names, dates, and GPS coordinates.
Disclosure Requirements : Property owners would be required to disclose the existence of a family burial ground when selling the property.
Local Control : Cities and counties would retain authority to regulate or prohibit family burial grounds within their jurisdictions.

Current Legal Status

Because HB 1037 did not pass, the existing rules remain in place. Under current Washington law:

Burials must generally take place in licensed cemeteries or designated religious facilities.
Establishing a private burial ground typically requires forming a nonprofit cemetery corporation and obtaining the proper licenses and approvals.
Health and safety regulations, zoning laws, and environmental protections must also be considered.

What This Means for You

Part of any thorough estate plan involves consideration of your wishes for final disposition of your remains, among other decisions. At Limitless Law, we work hard to stay up to date on all of the latest law changes and options (including green burial, aquamation/alkaline hydrolysis, organic recomposition/human composting, and more).

Contact Us

If you have questions about private burial options or any other estate planning needs, contact Limitless Law today. Our experienced legal team is here to help you honor your loved ones with care, dignity, and legal peace of mind.

Call 360-685-0145 or click here to learn more.

Washington State Estate Tax: Spousal Personal Residence Exclusion

Wed, 08 Jan 2025 23:41:04 GMT

When planning for your estate in Washington State, one of the key considerations is how the Washington State estate tax applies — and how to minimize its impact on your loved ones. While Washington has one of the highest estate tax rates in the country (up to 20%), it also offers some important opportunities for relief. One of these is the Spousal Personal Residence Exclusion.

What is the Spousal Personal Residence Exclusion?

The Spousal Personal Residence Exclusion allows certain estates to exclude up to $2.5 million of the value of a decedent's personal residence from the Washington State estate tax if the property is left to the surviving spouse (or to a qualifying trust for the surviving spouse). This exclusion is unique to Washington State and can significantly reduce or even eliminate a couple's estate tax liabilit y.

Important points to know:

The residence must have been used by the deceased spouse as a personal residence.
The surviving spouse must receive the property outright or through a qualified trust (like a QTIP trust).
Only one personal residence qualifies — not multiple properties.
The exclusion can apply even if the surviving spouse is not a U.S. citizen, provided certain trust requirements are met.

How It Works in Practice

Suppose a Washington resident dies in 2025 with an estate valued at $4 million, and $2.5 million of that value is attributable to their primary home. If the home passes to their surviving spouse, the estate can claim the spousal personal residence exclusion and effectively remove the $2.5 million home value from the taxable estate.

This could reduce the estate's taxable value to $1.5 million, well below the Washington State exemption amount of approximately $2.193 million (as adjusted for inflation). As a result, no estate tax would be owed.

Without the exclusion, the estate would have been over the threshold and owed Washington estate taxes.

Key Requirements

Documentation : The personal residence exclusion must be properly claimed on the Washington State Estate and Transfer Tax Return.
Residency : The deceased must have been a Washington resident.
Property Use : The property must have been used as a personal residence, not solely an investment or rental property.
Filing Deadline : Washington requires the estate tax return to be filed within nine months of the date of death.

Careful documentation and proper structuring are essential to successfully claim the exclusion.

Planning Considerations

The spousal personal residence exclusion is a powerful t ool, but it requires proactive planning. Her e are some strategies to consider:

Review Property Ownership : Ensure that titles and beneficiary designations align with your estate plan.
Establish a Qualified Trust : For non-citizen spouses, setting up a Qualified Domestic Trust (QDOT) is o ften necessary.
Coordinate with Federal Planning : Washington’s estate tax laws a re separate fro m federal estate tax laws, so plans must be crafted to address both systems.
Maintain Good Records : Retain evidence that the property was used as a personal residence.

Washington’s estate tax rules are complex, but the Spousal Personal Residence Exclusion can offer major savings for families who plan carefully. If you are married and own a home in Washington, incorporating this exclusion into your estate planning could be crucial to protecting your wealth and ensuring your loved ones aren't burdened with unnecessary taxes.

If you’d like to learn more about how this exclusion could benefit you, or if you need help creating an estate plan tailored to your goals , contact our office. Limitless Law's experienced estate planning team is ready to guide you every step of the way. You are welcome to contact us to schedule your str ategy session with our attorney. Call 360-685-0145 or click here to learn more.

Ashes to... Where, Exactly? A Lighthearted Look at Scattering Remains in Washington

Wed, 04 Dec 2024 00:12:52 GMT

Here at Limitless Law PLLC, we deal with some pretty serious stuff – estates, loss of loved ones and all that goes along with that are not usually the most fun subjects to think about. So today, let's talk about something a little more… airy. Specifically, what happens after someone decides their final resting place should be less "six feet under" and more "carried on the breeze."

That's right, we're diving into the surprisingly fascinating (and sometimes slightly quirky) rules for legally scattering cremated human remains in our beautiful Evergreen State of Washington. Now, we're not here to harsh anyone's mellow, but a little legal know-how can save you from an awkward conversation with a park ranger or, worse…

So, grab your metaphorical urn (or your mental Ziploc bag, no judgment here), and let's gently sift through the regulations:

The Golden Rule: Be Reasonable and Respectful

This isn't written in the official statutes, but it's the underlying vibe of most of Washington's approach. Think about it: no one wants to stumble upon a pile of ashes while picnicking or fishing. So, common sense goes a long way.

Public Lands? Tread Lightly (and Discretely!)

Washington boasts some breathtaking public lands – national forests, state parks, the works. While there isn't a blanket prohibition on scattering ashes, it's generally best practice to be discreet and avoid heavily trafficked areas.

State Parks: The Washington State Parks and Recreation Commission encourages you to contact the specific park you have in mind. They might have specific guidelines or preferred locations to minimize impact and maintain the park's natural beauty. Think less "dust storm of remembrance" and more "gentle dispersal in a less-visited spot."
National Forests: Similar to state parks, it's wise to check with the local ranger district . They can provide guidance on appropriate locations and any permits that might be needed (though generally, small, personal scatterings are okay).
Navigable Waters: Want to return your loved one to the sea? Washington law generally allows scattering cremated remains in navigable waters. Just remember the "reasonable and respectful" rule. Maybe avoid doing it right next to the ferry terminal during rush hour.

Private Property? Permission is Key!

This one's a no-brainer, but worth stating. If you're planning to scatter ashes on private land that isn't your own, always get permission from the landowner . Trespassing with cremains is probably not how your loved one envisioned their final journey.

The "Container" Conundrum

Good news! Washington law doesn't dictate what kind of container cremated remains must be in, for scattering purposes. However, it's probably a good idea to choose something biodegradable if you're leaving the container behind (which is generally discouraged on public lands anyway). Nobody wants to find a plastic urn in a pristine forest.

No "Designated Scattering Zones" (Usually)

Unlike some other states, Washington doesn't typically have officially designated areas for scattering ashes on public land. This reinforces the idea of being discreet and respectful of the environment.

The Takeaway: A Gentle Farewell

Ultimately, Washington's laws around scattering cremated remains are designed to be flexible while ensuring respect for public spaces and private property. The key is to plan ahead, be considerate of others, and perhaps most importantly, choose a meaningful location that honors your loved one.

And hey, if navigating these earthly regulations feels a bit overwhelming during a difficult time, that's where we come in. While we don't personally typically handle the actual scattering, we can certainly help with the legal aspects of estate planning and ensure your loved one's wishes are honored.

Go forth and scatter responsibly! May the winds carry your memories gently.

This blog post is for informational purposes only and does not constitute legal advice. If you have specific questions about estate planning or the legalities of handling cremated remains, please contact the knowledgeable team at Limitless Law PLLC to schedule a strategy session with our attorney. Call 360-685-0145 or click here to learn more.

Celebrating World Adoption Day: November 9, 2024

Sat, 16 Nov 2024 19:53:32 GMT

At Limitless Law, it has been a privilege and a joy to assist families with adoption in new and exciting ways. World Adoption Day serves as a reminder of the importance of our work in completing families through adoption and the impact we can have on the lives of our clients' families.

As an attorney, I have seen firsthand the challenges and joys that come with adoption. The process can be overwhelming, filled with legal paperwork, home studies, and emotions. However, at the end of the journey, families are changed in a way that is deeply fulfilling and satisfying, and it is an honor to be a part of that process for our clients.

For us, as a law firm assisting with adoptions, our role extends beyond facilitating legal proceedings. We are advocates for our clients, guiding them through the intricacies of adoption law and providing support at every step of the way. This involves ensuring that all legal requirements are met, representing clients in court, and providing resources to make the adoption process easier and less overwhelming.

Today, we assist families with adoptions in a way that some people may not even have considered. We are often called upon to assist with step-parent or third-parent adoptions. Adoption need not always include a child losing a parent – in fact, Washington State is one of the places where a person can have up to three legal parents with all the rights and obligations of parenthood, without terminating anyone’s parental rights.

We have been especially busy recently assisting queer and ethically non-monogamous families with questions and concerns regarding third-parent and second-parent adoptions, and ways for families of all kinds to honor and protect their parental rights and relationships.

If you have questions about the adoption process or need assistance navigating the legal requirements, I encourage you to reach out. We are here to provide the support and guidance you need to make your adoption journey as smooth as possible. Whether you're just beginning to consider adoption or are ready to move forward, don’t hesitate to contact us to schedule a strategy session. Call 360-685-0145 or click here to learn more.

Limitless Law Won Best Attorney in the Northwest 2024

Fri, 27 Sep 2024 19:30:08 GMT

Thank you for voting!

Thank you for voting for Limitless Law PLLC for Best Attorney in the Northwest with Bellingham Alive Magazine! We so appreciate all of our clients, friends and fans supporting us through the years. You're the best! Thanks for letting us know that the feeling is mutual.

If you are looking for legal assistance with adoption, estate planning, probate, real estate transactions, business law or prenuptial agreements, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

Limitless Law's Own Lead Attorney, Emily Rose, is a SuperLawyer!

Thu, 01 Aug 2024 23:59:30 GMT

Thank you to SuperLawyers.com for recognizing Emily Rose, the owner and lead attorney at Limitless Law PLLC, as a "SuperLawyer"! Emily has been honored on the SuperLawyers list every year since 2020.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process is rigorous, involving peer nominations, evaluations, and independent research. To be recognized for five consecutive years is a significant achievement and underscores Emily’s standing as a leader in the legal community. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

This continued recognition wouldn't be possible without the trust and confidence our clients place in us every day. At Limitless Law PLLC, we are driven by a passion for protecting our client’s rights and helping to find creative legal solutions to problems that our clients face in the real world. We strive to provide exceptional legal services with integrity and understanding. Emily’s consistent selection as a Super Lawyer validates Limitless Law’s commitment to these principles.

You can check out Emily's SuperLawyers profile here .

If you are looking for legal assistance with adoption, estate planning, probate, real estate transactions, business law, or prenuptial agreements, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

Limitless Law Won Cascades Best Estate Law Firm and Law Firm Overall for 2024

Mon, 01 Jul 2024 14:05:12 GMT

Thank you for voting!

Thank you to our clients for voting us as Cascades Best for 2024! Our firm WON Gold (first place) in the category of Estate Law (one of our favorite things to help our clients with!) and Silver in the category of Best Law Firm overall. It's such an honor to have wonderful, loyal clients like you who support our firm. Thank you!

Call 360-685-0145 or click here to learn more.

https://www.cascadesbest.com/listing/2024/estate-law
https://www.cascadesbest.com/listing/2024/law-firm

Adding Your Adult Child to Your Bank Account? Proceed with Caution!

Wed, 05 Jun 2024 04:47:54 GMT

Here at Limitless Law PLLC, in beautiful Bellingham, Washington, we often help families navigate the complexities of estate planning. A common scenario we encounter is parents considering adding an adult child to their bank account. While the intention is often convenience, or assistance with future planning, this seemingly simple act can open a Pandora's Box of unintended consequences, particularly when it comes to estate planning and, surprisingly, even bankruptcy.

Before you add your child's name to your account, let's shed some light on the potential pitfalls:

Estate Planning Headaches: The Money Might Not Go Where You Think!

Unintended Inheritance: When you add your adult child as a joint owner "with right of survivorship," the funds in that account automatically become theirs upon your passing, regardless of what your will states. This means if you have other children or beneficiaries, they could be unintentionally disinherited from those specific funds. Your carefully crafted estate plan could be undermined by a simple bank account designation.
Loss of Control: Once your child is a joint owner, they have the legal right to withdraw funds for their own use. Even if that's not their intention, life happens. What if they face unexpected financial difficulties? Those funds, meant for your care or other beneficiaries, could be at risk.
Gift Tax Implications: Depending on the amount and your intentions, adding your child as a joint owner could be considered a taxable gift by the IRS. While the annual gift tax exclusion is currently $19,000 per person, exceeding that could trigger reporting requirements and potentially even gift tax liability.
Complicating Estate Administration: If the account passes directly to the joint owner, it might bypass the probate process for that specific asset. While this can seem like a benefit, it can complicate the overall estate administration, especially when trying to fairly distribute other assets according to your will.

Bankruptcy Blues: Your Assets Could Be at Risk Due to Your Child's Financial Troubles!

This is where things can get particularly tricky and often catches people off guard:

Your Assets at Risk in Your Child's Bankruptcy: If your adult child faces bankruptcy, the funds in your jointly held account could be considered part of their assets and therefore subject to the claims of their creditors. Even if all the money in the account is yours, proving that can be a difficult and costly legal battle. You could find yourself fighting to protect your money from your child's financial woes.
"Fraudulent Transfer" Concerns: If your child is facing financial difficulties and you add them to your account shortly before they file for bankruptcy, it could be viewed as a "fraudulent transfer" intended to shield assets from their creditors. This can lead to further legal complications and potentially even accusations of wrongdoing.

So, What's the Alternative?

Instead of adding your child as a joint owner, consider these safer and more effective estate planning tools:

Power of Attorney: Granting your trusted adult child a financial power of attorney allows them to manage your finances on your behalf if you become incapacitated, without giving them ownership of your assets. This maintains your control while providing necessary assistance.
Payable-on-Death (POD) or Transfer-on-Death (TOD) Designations: These designations allow you to name beneficiaries who will receive the funds in your account directly upon your death, bypassing probate for that specific asset while keeping ownership solely in your name during your lifetime.
Trusts: For more complex situations or larger estates, a trust can provide greater control over asset distribution, protect assets from creditors, and potentially minimize estate taxes.
Clear Estate Planning: The most crucial step is to have a comprehensive estate plan in place, created with the guidance of an experienced estate planning attorney. This ensures your assets are distributed according to your wishes and minimizes potential legal headaches down the road.

The Bottom Line:

While the impulse to add your adult child to your bank account might stem from love and a desire to help, it can inadvertently create significant legal and financial risks. Before making such a decision, take the time to understand the potential pitfalls and explore safer, more effective estate planning strategies.

The team at Limitless Law PLLC is here to help you navigate these important decisions and create an estate plan that truly reflects your wishes and protects your assets. Contact us today for a consultation – we're happy to guide you through the process!

This blog post is for informational purposes only and does not constitute legal advice. For personalized guidance on estate plannning in Washington State, please contact our office at Limitless Law to schedule your strategy session with our attorney. Call 360-685-0145 or click here to learn more.

5 Great Ways to Make the Best Use of Your Initial Strategy Session With Your Attorney

Fri, 24 May 2024 15:14:52 GMT

Read Our Top Tips For Making Great Use of Your Strategy Session Time and Fee

Your initial meeting with a new attorney offers you the opportunity to discover a lot of important information, not only about your legal rights and options, but about the attorney you are considering working with on your project. Here are five great ways to make the best use of your initial strategy session to get your legal project off to a good start:

1. Finding out if an attorney is a good fit for you and your project.

When you decide to work with an attorney, you are deciding to trust someone not only to handle your legal matter but also trusting them to advise you on how to move forward. In the best cases a client and an attorney should both feel comfortable with discussing these matters with each other and be comfortable with the same level of communication and professional. For example, if you are not an email person and prefer to meet face to face, you may not want to work with an attorney who only has a virtual office.

Additionally even though you might think that the attorney you have reached out to is a good fit for you they might not be the best fit for your case. For example, some attorneys do not go to court, and not every lawyer is an expert on every area of the law. Your initial strategy session is a good to find out if the attorney is the best fit for your unique situation and needs.

2. Getting a referral to the right lawyer.

As mentioned above, sometimes the attorney you call first is not the right fit for you. Maybe they think you should see a specialized niche attorney, or they just aren’t taking on your type of case right now. In an initial hour-long strategy session, an attorney can likely identify the various issues involved in your situation and narrow down what kind of legal help you need to reach the best outcome. If the attorney you initially meet with is not the best fit to fulfill your goals, an experienced lawyer probably knows which attorney specializes in that area and they are likely happy to direct you to the best person to assist. Do not be afraid to ask the attorney you speak with for a referral if they say they cannot help you or even if you simply feel that another person might be a better choice for your project.

3. To find out the next steps.

Your initial strategy session is an excellent time to get expert advice about what the next steps could be to address your legal issue and reach your goals. The attorney you speak to might even tell you that what you initially thought of as a legal matter would really be addressed more efficiently by an accountant or that you need to gather more information and documentation before an attorney can properly advise about your legal questions and options.

4. To find out what type of evidence or documentation is required to complete your project.

Many attorneys charge a fee up-front for a full hour when you schedule your initial in-office consult. Without properly being prepared you could face the fee of an hour’s time without providing the attorney enough documents to properly answer your questions and advise you on your options. Our office regularly sends potential clients a checklist of documentation that they should prepare for a strategy session when a new potential client calls to schedule their strategy session so you can be prepared to make the best use of your time and funds in your attorney meeting.

5. To find out your options.

Legal cases and attorneys are not a one-size-fits-all situation. A strategy session allows you to get an experienced opinion from a seasoned legal professional regarding your legal issues, questions and options. Whether you decide to work with the attorney that you meet with initially or not, an initial strategy session can help you navigate the complex legal field and find out what options you have to address whatever particular issue you are facing.

Call 360-685-0145 or click here to learn more.

A Decade of Dedication: Limitless Law PLLC Celebrates 10 Years!

Mon, 01 Apr 2024 05:46:25 GMT

Here at Limitless Law PLLC, we're filled with immense gratitude and pride as we celebrate a significant milestone: our 10th Anniversary ! As of April 1, 2024, we've had the privilege of serving the legal needs of our community for a decade, and we couldn't have reached this point without the trust and support of our clients, colleagues, and the wonderful people of Whatcom County.

Ten years ago, we set out with a commitment to providing clear, effective legal solutions with a particular focus on the queer and ethically non-monogamous communities here in Washington State. Looking back, we're incredibly proud of the relationships we've built, the positive impact we've had on our clients' lives, and the growth our firm has experienced.

Over the past decade, Limitless Law has been dedicated to providing expert legal counsel in estate planning, probate, real estate transactions, business law, and debt management solutions like bankruptcy and debt settlement. We've navigated complex legal landscapes, helped families plan for their futures, assisted businesses in achieving their goals, and stood by our clients during challenging times.

This is a moment to reflect on the journey:

The countless individuals and families we've had the honor of representing. Your trust in us has been our greatest motivation.
The strong partnerships we've forged within the Bellingham community. We are proud to be a part of this vibrant and supportive place.
The dedication and hard work of our talented team. Their commitment to excellence and client service is the cornerstone of our firm's success.
The evolving legal landscape we've navigated together. We remain committed to staying informed and providing cutting-edge legal solutions.

Reaching this 10-year milestone is a testament to the dedication of our team and the incredible support of our community. We are deeply grateful for the trust our clients have placed in us, and we remain committed to providing exceptional legal services for many years to come.' or 'We are so proud of the growth and success of Limitless Law over the past decade. Our focus has always been on building strong relationships with our clients and delivering effective legal solutions. We look forward to continuing to serve the Bellingham community with passion and integrity.

As we celebrate this milestone, our commitment to you remains stronger than ever. We will continue to:

Provide personalized and attentive legal representation.
Uphold the highest ethical standards.
Strive for the best possible outcomes for our clients.
Be an active and engaged member of the Bellingham and Whatcom County community.

Thank you to everyone who has been a part of our journey over the past ten years. We look forward to the next chapter and continuing to serve the legal needs of Bellingham and Whatcom County with dedication and expertise.

Call 360-685-0145 or click here to learn more

A Wonderful Video Testimonial from Limitless Law Client Mark Turner

Wed, 06 Mar 2024 05:20:15 GMT

Many thanks to our client Mark Turner for taking the time to sit down and share these kind words about why he chooses to work with our team at Limitless Law PLLC for his legal needs.

You can check out more testimonial videos from Limitless Law's amazing clients here: https://www.limitlesslaw.com/video-testimonials

Call 360-685-0145 or click here to learn more.

Corporate Transparency Act Adds a New Filing Requirement for All LLCs and Corporations

Wed, 31 Jan 2024 20:39:39 GMT

All US business owners should be aware of the new filing requirements for 2024

On January 1, 2024, the new Corporate Transparency Act (CTA) went into effect as part of an ongoing effort to combat money laundering and other illegal activities. The Financial Crimes Enforcement Network (FinCEN) is the Department of Treasury bureau that will enforce the CTA. The CTA requires businesses to report beneficial ownership (an individual who owns 25% or more of the business) information to FinCEN. The CTA requires all business entities in the United States (unless they qualify for an exemption) to file a report with FinCEN disclosing the beneficial owners of each business.

How does this impact you?

If your business was formed BEFORE January 1, 2024, you must file a Beneficial Owners Information Report (BOI) with FinCen by no later than January 1, 2025.

If your business was formed ON or AFTER January 1, 2024, you must file a Beneficial Owners Information Report (BOI) with FinCen within 90 days of business registration/creation. Beginning January 1, 2025, this timeline narrows to 30 days for newly-registered business entities.

Your business only needs to file the BOI report once, unless your business changes ownership, in which case a new report must be filed at the time that the business ownership changes.

What happens if I don’t file?

Each Beneficial Owner is subject to a penalty of up to $500 per day, and criminal fines of up to $10,000, and/or imprisonment for up to two years.

Thank You to Our Client Allison For The Amazing Video Review!

Wed, 06 Dec 2023 05:14:27 GMT

Not only has Ms. Allison Trimble trusted the team at Limitless Law PLLC to advise and assist with her own legal matters, she has honored us by referring many of her real estate clients to us over the years for help as well. Thank you Allison for sharing your wonderful video review of your experience working with us. We appreciate you!

You can check out more testimonial videos from Limitless Law's amazing clients here: https://www.limitlesslaw.com/video-testimonials

Call 360-685-0145 or click here to learn more.

Limitless Law is a Proud Sponsor of Bellingham Roller Betties Roller Derby!

Sun, 26 Nov 2023 17:17:26 GMT

Sponsoring Roller Derby since 2020 and local Rugby since 2019

Limitless Law is pleased to announce that we're signed on as an official sponsor of the Bellingham Roller Betties roller derby league once again for the 2023-2024 Season. We've been proud sponsors of the Bellingham Roller Derby league since 2020. Our lead attorney, Emily, has been skating with the Roller Betties since 2016.

Our firm has also had the opportunity to sponsor Chuckanut Bay RFC, our local rugby club, since 2019. Limitless Law attorney Emily Rose had the pleasure of playing with Chuckanut Bay's women's rugby team, the Mussels, for three seasons. Remember to support your local sports teams, and keep an eye out for a Limitless Law sponsorship poster at the next roller derby bout or rugby match!

Call 360-685-0145 or click here to learn more.

National Adoption Day is Coming Up on November 17, 2023

Wed, 18 Oct 2023 19:29:17 GMT

Limitless Law is honored to assist with adoptions, including adult adoptions for queer and ethically non-monogomous families in Washington State

Limitless Law Attorney Emily Rose is pictured above with happy clients (posted with their enthusiastic consent) following successful completion of an adoption hearing in Whatcom County Superior Court with Judge Freeman.

Limitless Law is honored to be able to assist families, including LGBT and polyamorous families, with adoptions, including adult adoptions.

You are very welcome to call our office at 360-685-0145 to schedule a strategy session with our attorney.

We would love to help you celebrate National Adoption Day by helping you to confirm legal status and protections for your family members through adoption.

Our clients in the queer, LGBTIA, polyamorous and ethically non-monogomous communities are often especially happy to find legal representation experienced in representing the unique interests of their communities. We are happy to help our clients with chosen family of all types to navigate the legal system and to protect and confirm their legal rights and protections with estate planning, adoption and other legal tools.

For more information about this year's National Adoption Day celebration, click here: https://www.courts.wa.gov/newsinfo/adoptionDay

Thank you for voting, we won Best of the Northwest 2023!

Mon, 02 Oct 2023 17:25:50 GMT

We won Silver in the Best Attorney category

Thank you to all of our amazing clients and friends for nominating us for Best of the Northwest! We are proud to have been honored each year that a Best Attorney category has existed for these awards. We appreciate your support!

https://bellinghamalive.com/

If you are looking for legal assistance with adoption, estate planning, probate, real estate transactions, business law, debt settlement or prenuptial agreements, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

Washington Makes It Easier to Seal Name Change Records for Gender Identity Transitions

Fri, 01 Sep 2023 17:11:40 GMT

At Limitless Law PLLC, we are committed to helping our clients navigate life’s important transitions and keeping our clients informed about legal changes that impact their rights and personal journeys. We’re excited to share an important update from Washington State that could make a meaningful difference for many individuals in our community.

Recently, Washington State took an important step to support the privacy and dignity of individuals undergoing a gender transition. A new law now makes it easier for those pursuing a name change based on their gender identity to have their name change records automatically sealed.

New Law Protects Privacy for Gender Identity Related Name Changes

Effective July 23, 2023, Washington enacted a new law that streamlines the process for sealing name change records for individuals seeking a name change based on a transition of gender identity. This change is a significant step forward for the privacy, dignity, and safety of transgender, nonbinary, and gender-diverse Washingtonians.

Under the new rules, individuals who petition for a name change to align with their gender identity can have their case records automatically sealed — meaning they are no longer public information. Previously, individuals had to request sealing separately and prove a compelling reason, which often required disclosing sensitive personal details in open court.

Now, Washington law recognizes that protecting someone's privacy during this personal transition should be the norm, not the exception. By removing the extra steps and the burden of proof, the process is faster, safer, and more affirming.

Why This Matters

For many transgender and nonbinary individuals, public access to name change records can expose them to discrimination, harassment, or even violence. Sealing these records ensures that sensitive information remains confidential and that individuals can live authentically without fear of being outed or targeted.

This change also reflects a broader movement toward affirming legal practices that recognize and support the rights and realities of gender-diverse individuals.

How We Can Help

If you or someone you love is considering a legal name change related to gender identity, or a legal change in gender designation, our team at Limitless Law PLLC is here to guide you through the process with compassion and expertise. We can help you understand your rights, prepare your petition documents, and ensure that your records are properly sealed under the new law.

At Limitless Law PLLC, we are proud to be a queer-owned law firm working hard for Washington State’s LGBTQ+ community.

Contact us today to schedule a consultation and learn more about how we can support you. Call Limitless Law PLLC at 360-685-0145 or click here to learn more about working with our firm.

Washington Business Licensing Services Is Going "Paperless"

Tue, 01 Aug 2023 16:48:38 GMT

Starting in July 2023, the Business Licensing Services (BLS) in Washington State introduced a major update to how businesses receive their license renewal notices. Instead of sending notices by traditional mail to the business's mailing address, BLS will now send electronic renewal notices directly to the email address listed on the business license account.

Why the Change?

This shift is part of a broader effort to modernize and streamline communications with business owners. By moving to email notifications, BLS plans to:

Ensure faster delivery of important renewal information.
Reduce reliance on physical mail, cutting costs and minimizing environmental impact.
Provide a more convenient and accessible option for busy business owners.

What Business Owners Need to Do

Check and Update Your Email Address : Make sure that the email address on file with BLS is current and monitored regularly. If the email address is outdated or incorrect, you could miss critical renewal reminders.
Look for Emails from BLS : Renewal notices will now come through your inbox. Keep an eye out for emails from Business Licensing Services and check your spam or junk folders if you think you’ve missed a notice.
Request Paper Notices if Needed : If you prefer to continue receiving renewal notices via traditional mail, you must specifically request paper notices through BLS. Otherwise, email will be the default method moving forward.

How to Update Your Information or Request Paper Notices

To update your email address or request to keep receiving notices by mail, you can:

Log in to your MyDOR account at dor.wa.gov.
Call the Business Licensing Service at 360-705-6741.
Visit your local Business Licensing office.

This new system promises greater efficiency but requires business owners to be proactive. Keeping your licensing information current and watching your email closely will be key to ensuring you stay compliant and avoid late renewals. If you need assistance navigating this change, don't hesitate to reach out to your legal or business advisor.

Call Limitless Law PLLC at 360-685-0145 or click here to learn more about working with our firm. We are here to help you and your business with staying up to date and in compliance with the latest laws and best practices for Washington State companies.

The End of Mandatory Eviction Mediation in Whatcom County

Wed, 05 Jul 2023 16:18:58 GMT

As of June 30, 2023, the Eviction Resolution Pilot Program (ERPP) in Washington State, including Whatcom County, has concluded. This change means landlords are no longer required to offer tenants the option to participate in mediation before initiating eviction proceedings for unpaid rent

Background on the Eviction Resolution Pilot Program

The Eviction Resolution Pilot Program was a statewide initiative launched in November 2021 to address the surge in eviction cases during the COVID-19 pandemic. In Whatcom County, the program was administered by the Whatcom Dispute Resolution Center. It aimed to facilitate communication between landlords and tenants, offering mediation services to resolve disputes over unpaid rent without resorting to court proceedings.

During the course of the Pilot Program, the Whatcom Dispute Resolution Center handled over 2,400 cases, directly assisting more than 3,770 clients. Notably, 95% of cases where tenants engaged with the program reached a resolution, with nearly 90% avoiding formal eviction filings.

What Happens Now?

With the expiration of the Whatcom Dispute Resolution Center, landlords in Whatcom County are no longer mandated to provide tenants with an Eviction Resolution Pilot Program Notice or offer mediation before filing an unlawful detainer (eviction) action for nonpayment of rent.

Nonetheless, the Whatcom Dispute Resolution Center continues to offer voluntary Housing Stability mediation services. These services are available to both landlords and tenants seeking to resolve housing-related conflicts amicably.

No Student Debt Forgiveness?! What Are My Options Now?

Fri, 30 Jun 2023 15:09:45 GMT

The Supreme Court struck down student loan forgiveness - now what?

In the wake of the Supreme Court's decision to deny the proposed blanket forgiveness of outstanding student loans, things are about to change for millions of student loan borrowers throughout the US. Pandemic-era special provisions have meant that payments have not been required on federal student loans for almost three years. Student loan payments for federal loans will be due starting in October 2023.

However, there is good news for those with student loan debt! The Department of Education has recently approved new income-based repayment options. If you qualify for this new program, your student loan payments may be cut in half. In addition, the new program may qualify a person with student loan debt to have their remaining debt forgiven after only 10 years of income-based payments, rather than the traditional 20 years of payments required by the old income-based repayment plans. There are numerous options and programs out there for student loan forgiveness and reduced payments, depending on what type of loan you have and which programs you may qualify for.

Student loan forgiveness and reduced payment options can be overwhelming and confusing. Contact Limitless Law for help with choosing the best way for you to get your student debt under control.

Are Non-Compete Agreements Illegal Now?

Wed, 10 May 2023 16:07:23 GMT

Federal and Washington State Restrictions on Non-Competes Continue to Evolve

The Federal Trade Commission (FTC) has been actively working to implement a nationwide ban on non-compete agreements . Here's the current status and what this means for employers and employees:

1. Proposed Rule by the FTC

In January 2023 , the FTC proposed a rule that would ban non-compete clauses in employment contracts across the United States. The proposed rule would:

Prohibit employers from entering into, maintaining, or enforcing non-compete agreements with employees, independent contractors, and even unpaid workers.
The rule also includes a provision to void any existing non-compete clauses.
The goal is to promote fair competition , improve worker mobility , and prevent the practice from stifling wage growth, which has been a growing concern for many workers, especially in industries with high demand for talent.

2. Reason Behind the Ban

The FTC argues that non-compete agreements:

Harm workers by limiting their ability to seek new opportunities and negotiate higher wages, especially in industries where employees possess valuable skills.
Hurt competition , especially when employers can lock in workers with restrictive contracts, reducing overall mobility in the job market.
Exacerbate wage inequality by keeping workers confined to lower-paying positions due to lack of access to competing employers.

3. Status of Implementation

The nationwide non-compete ban is still in the proposal stage and is subject to public comment. The FTC received thousands of comments from stakeholders, including businesses, labor advocates, and legal professionals. Many comments raised concerns about how the rule could impact certain industries and whether it would be overly broad.
The FTC plans to issue a final rule sometime in 2025 , though there could be delays depending on how the rule is revised and what changes are made following public feedback.

4. What’s Going on in Washington State?

Key Provisions of Washington’s Non-Compete Act Include:

Income Thresholds:
A non-compete agreement is enforceable only if :
The worker earns more than $100,000 per year (adjusted annually for inflation — in 2025, the threshold is higher; it's about $112,000/year ).
For independent contractors, the earnings threshold is about $280,000/year .

Duration Limits:
Non-competes longer than 18 months are presumed unreasonable and unenforceable unless the employer can prove to a court that a longer restriction is necessary.

Advance Disclosure:
Employers must disclose the terms of the non-compete at the time of making an offer or before the employee accepts the job offer. If a non-compete is added after employment begins, it must be supported by additional consideration (like a promotion or a bonus — continued employment alone is not enough).

Inflation Adjustments:
Washington adjusts the income thresholds annually based on inflation.

5. What Can Employers Do Now?

While the FTC's proposed rule is still under review, employers should start:

Reviewing existing non-compete agreements in place with employees and contractors. If the ban is enacted, those agreements may need to be revised or terminated.
Considering the use of other contractual protections , such as non-disclosure agreements (NDAs) , non-solicitation agreements , and confidentiality clauses , to safeguard their business interests without resorting to non-competes.
Staying informed about both federal and state regulations to ensure compliance as the legal landscape evolves.

Call Limitless Law PLLC at 360-685-0145 or click here to learn more about working with our firm if you have questions or concerns about your rights and obligations as an employer, or if you want assistance in reviewing your employment contracts and policies to ensure that they comply with the changing laws.

Who Gets My “Stuff” When I Die?

Tue, 04 Apr 2023 15:53:09 GMT

Disposition of Tangible Personal Property in Washington State

In Washington State, the laws governing the disposition of tangible personal property offer people a way to determine who will receive their personal belongings after death. While many people focus on distributing assets like real estate or financial accounts in a will, it’s equally important to decide who will inherit your personal items —furniture, jewelry, collectibles, family heirlooms, and other belongings of sentimental or monetary value.

Washington’s laws make it relatively straightforward to ensure that your tangible personal property is distributed according to your wishes. This post will explain how you can designate who gets your stuff and how the law supports your decisions.

What is Tangible Personal Property?

Tangible personal property refers to physical items that you own that have value but aren’t real estate or intangible assets (like stocks or bank accounts). Examples include:

Furniture, artwork, and appliances
Jewelry, clothing, and personal effects
Vehicles, collectibles, and other physical possessions

Washington State law does not treat these items the same way it treats larger assets like homes or bank accounts. However, the law provides avenues for individuals to ensure their wishes are followed after death.

The Basics of Designating Who Gets Your Belongings

In Washington State, how your tangible personal property is distributed after death typically depends on your will and any specific designations made in it. Here’s an overview of how you can go about it:

1. Designating Personal Property in a Will

The most direct way to ensure your personal property is distributed according to your wishes is through a will . In Washington, you can include specific instructions for your tangible personal property in your will, listing the items and the person you wish to receive each item.

This can include things like:

“I leave my grandmother’s diamond ring to my niece, Sarah.”
“I give my vintage car collection to my son, John.”

Washington law allows you to make these gifts specific (designating exact items) or general (like “all my jewelry”). If you don't specifically list all tangible personal property, the items that aren’t designated will be treated as part of your general estate and distributed according to the rest of your will.

2. Personal Property Memorandum

Washington State also allows for an important flexibility when it comes to the distribution of tangible personal property. Under RCW 11.12.260 , you can create a personal property memorandum that accompanies your will. This allows you to list items and the people who should receive them without having to revise the entire will.

Here are some key details about personal property memoranda:

The memorandum can be created separately from the will, and it doesn't need to be signed in front of witnesses.
It must be signed by you (the person making the will) and can be attached to the will at any time, even after the will has been executed.
You can update it as often as you like, and the memorandum will be honored by the court if it’s referenced properly in the will.

For example, you can leave a note that says:

"I leave my vintage camera collection to my friend, Mike Green, and my collection of baseball cards to my cousin, Lisa James."

While this document doesn’t require witness signatures, it should be signed by the person making the will to be valid.

3. Intestate Distribution of Tangible Personal Property

If you die without a will (intestate), Washington State law sets out rules for who inherits your property, including your tangible personal property. The state’s laws on intestate succession (RCW 11.04.015) divide your estate among your surviving relatives, usually starting with your spouse and children, and extending to other family members if no immediate relatives are alive.

However, if you want to make sure that certain items go to specific people (such as a family heirloom going to a grandchild, or a treasured watch going to a sibling), it’s strongly recommended that you create a will or a personal property memorandum. Without one, your belongings may not go where you want.

4. Gifting Tangible Personal Property Before You Die

If you want to give away tangible personal property while you’re still alive, this can be done by gift . Washington State allows individuals to give gifts of tangible personal property during their lifetime without needing a formal legal document (though it’s a good idea to get everything in writing).

A gift can be made through a written agreement or simply by transferring possession. If you want a specific item to go to a particular person, you could give it directly to them, or provide clear instructions through a signed document.

However, keep in mind that gifts made during your lifetime will not be part of your estate when you die, meaning they can’t be redistributed to others after death unless you specify otherwise.

5. Handling Disputes Over Tangible Personal Property

Disputes over tangible personal property can arise after someone dies, especially if there is confusion or disagreement about what was meant in the will or memorandum. To prevent such issues:

Be clear and specific about who gets what.
Consider discussing your wishes with family members to avoid misunderstandings.
If you’re unsure about a particular item, consider using a neutral third party (like a lawyer) to clarify your wishes.

Washington State provides several ways to manage the distribution of your tangible personal property after death, allowing you to leave clear instructions that will be respected by the courts. Whether through a will, a personal property memorandum, or gifts during your lifetime, there are numerous options to ensure that your personal belongings go to the people you care about.

If you’re unsure about the best way structure your will or personal property memorandum, or if you have concerns about the distribution of specific items that are part of your estate, consulting an experienced estate planning attorney can help ensure your wishes are honored and that your goals for your legacy are achieved in the best way possible for your unique circumstances.

Need help planning your estate?

Call Limitless Law PLLC at 360-685-0145 or click here to learn more about working with our firm.

Bellingham’s New 120-Day Rent Increase Notice Requirement

Wed, 15 Mar 2023 15:43:04 GMT

On March 13, 2023, the City Council of Bellingham, Washington unanimously approved Ordinance No. 2023-03-007 , ushering in significant changes for landlords and tenants within the city. The new ordinance requires landlords to provide at least 120 days’ written notice to tenants before increasing rent or any other periodic housing costs .

This change reflects Bellingham’s ongoing efforts to strengthen tenant protections and respond to the region’s rising housing costs. Here's what landlords, tenants, and property managers need to know about this important update.

What Does the New Ordinance Require?

Under Ordinance No. 2023-03-007:

Landlords must now provide a minimum of 120 days' prior written notice for any increase in rent or other recurring housing costs (such as parking fees, storage fees, utilities if billed separately, etc.).
The notice must clearly state the amount of the increase and when it will take effect.
The law applies to all rental units within Bellingham city limits , regardless of the size of the increase.

This requirement is stricter than the prior standard under Washington State law, which only mandates 60 days' notice for rent increases.

Why Did Bellingham Pass This Ordinance?

Bellingham, like many cities across Washington, is facing significant housing affordability challenges. Rapid rent increases have left many tenants with little time to adjust their budgets or find alternative housing.

By extending the notice period to 120 days, the City Council aims to:

Give tenants more time to plan for financial changes ,
Allow renters more opportunity to find alternative housing if needed,
Help stabilize the local housing market by promoting greater predictability .

How Does This Law Compare to Other Jurisdictions?

Washington State law sets a baseline 60-day notice for rent increases (RCW 59.18.140). However, cities like Seattle and now Bellingham have adopted more tenant-friendly timelines .

For comparison:

Seattle requires 180 days' notice for most rent increases.
Bellingham now requires 120 days' notice .

Other cities may soon follow suit, as tenant protection measures continue to expand statewide.

Practical Steps for Landlords

Landlords in Bellingham should immediately update their rental practices to comply with the new 120-day rule. Key steps include:

Review and update lease templates to reflect the longer notice requirement.
Establish a clear system for tracking and delivering written notices well in advance.
Communicate with tenants early to maintain good relationships and minimize disputes.
Document all communications regarding rent changes to protect against potential claims.

Failure to comply with the notice requirement could expose landlords to legal challenges or administrative penalties.

Final Thoughts

Bellingham’s new ordinance reflects a growing trend toward stronger tenant protections at the local level. Both landlords and tenants must stay informed about these evolving rules to protect their rights and avoid costly mistakes.

If you are a landlord needing guidance on compliance or assistance with updating your lease to comply with the latest law changes, Contact us today to schedule a consultation with an experienced real estate attorney. Call Limitless Law PLLC at 360-685-0145 or click here to learn more about working with our firm.

Thank You Cascadia Daily News Readers!

Tue, 28 Feb 2023 15:38:08 GMT

Thank you to all the readers of Cascadia Daily News for voting for us! Limitless Law PLLC won: Best Law Firm; Best Real Estate Law Firm AND Best Bankruptcy Law Firm in this year's Reader's Choice Awards! We appreciate all of our clients, and it's nice to hear that you appreciate us too.

If you are looking for legal assistance with adoption, estate planning, probate, real estate transactions, business law, prenuptial agreements or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

How to Remove a Judgment Lien From Your Home After Bankruptcy

Thu, 05 Jan 2023 15:32:53 GMT

Filing for bankruptcy can offer powerful financial relief, but it doesn’t always solve every issue automatically. If a creditor has placed a judgment lien on your home, you may still need to take additional steps even after receiving your bankruptcy discharge .

In this post, we explain how to remove a judgment lien after bankruptcy and protect your home’s title.

What Is a Judgment Lien?

A judgment lien is created when a creditor wins a lawsuit against you and records that judgment against your real property, such as your house. This lien gives the creditor a legal right to collect from the proceeds if you sell or refinance your property.

Even if you discharge the underlying debt through bankruptcy, the lien itself can survive and remain attached to your home—unless you actively remove it.

Does Bankruptcy Automatically Remove Judgment Liens?

No. A bankruptcy discharge wipes out your personal liability for the debt, but it does not automatically eliminate a recorded judgment lien . If the lien is not removed, the creditor could still enforce it against your property in the future.

To fully protect your home, you need to file a motion to avoid the judgment lien during your bankruptcy case.

How to Remove a Judgment Lien Through Bankruptcy

The Bankruptcy Code allows you to avoid (remove) a judgment lien if it "impairs" your right to a homestead exemption —the amount of equity in your home that is protected from creditors.

Steps to Remove a Judgment Lien:

Identify Any Judgment Liens:
Check your title records and credit report to see if any liens exist against your home.
Consult with Your Bankruptcy Attorney:
Inform your attorney about any judgment liens early in your bankruptcy process.
File a Motion to Avoid Lien:
Your attorney will file a motion to avoid the lien in bankruptcy court, showing how the lien affects your exempt equity.
Serve the Creditor:
The creditor must be officially notified and given a chance to object.
Obtain Court Approval:
If the court agrees, it will issue an order removing the judgment lien.
Record the Court Order:
Finally, you must record the court’s order with your county recorder’s office to clear your home’s title.

When Should You File a Motion to Avoid a Lien?

Timing is critical. You have an opportunity to file the motion during your bankruptcy case —preferably before your discharge is entered and your case closes. If you forget (or don’t learn about avoiding liens until after your case is closed) reopening a bankruptcy case later to file the motion is possible but can cost more to reopen your case and complete the lien removal process that way.

Why Is It Important to Remove a Judgment Lien?

If you fail to remove a judgment lien:

It can cloud your title , making it difficult or impossible to sell or refinance your home.
The creditor could obtain payment out of your home sale proceeds, even though the underlying debt was discharged.

By properly avoiding the lien, you ensure that your home’s title is clear and fully protected under bankruptcy law.

Protect Your Fresh Start After Bankruptcy

If you are filing for bankruptcy and own a home, checking for judgment liens should be part of your bankruptcy strategy. Removing a judgment lien requires legal know-how, but it’s crucial to protect your most valuable asset—your home.

Limitless Law PLLC can help you:

File the necessary motions to avoid liens
Make sure your fresh start is truly complete

Need help protecting your home after bankruptcy?

Call Limitless Law PLLC at 360-685-0145 or click here to learn more about working with our firm.

Understanding Washington State’s New Pay Transparency Law: What Employers Need to Know

Thu, 01 Dec 2022 15:19:18 GMT

On January 1, 2023, Washington State’s updated Pay Transparency Law officially went into effect, marking a significant shift in how employers must approach job postings and compensation disclosures. The change comes as part of an ongoing national trend toward greater salary transparency, aiming to close wage gaps and empower workers with more information upfront.

Here’s what you need to know:

Overview of the Law

The updated law, under RCW 49.58.110 , requires Washington employers with 15 or more employees to include detailed compensation information in job postings. Specifically, job listings must now disclose:

The salary range or a good faith minimum and maximum hourly or annual salary for the position.
A general description of all benefits and other compensation offered (such as bonuses, commissions, stock options, health insurance, retirement benefits, etc.).

Previously, employers were only required to provide this information upon request after an interview. The 2023 amendment shifts transparency much earlier in the hiring process — right at the posting stage.

Who Is Covered?

This requirement applies to:

All employers with at least 15 employees (anywhere, not just within Washington).
Any job posting that could reasonably be performed in Washington, including remote jobs where a Washington resident might apply.

As a result even out-of-state employers recruiting for remote roles could fall under Washington’s jurisdiction if they target or accept Washington candidates.

Key Terms: “Posting” and “Good Faith Range”

Posting is broadly defined and includes any solicitation for applicants via electronic or printed means.
Good faith salary range means a range the employer honestly believes they are willing to pay at the time of posting.

Importantly, a range such as “$50,000 and up” without an upper limit would not satisfy the law — a true upper and lower range must be stated.

Why It Matters

The goal of this legislation is to:

Promote equity by reducing hidden wage disparities.
Allow candidates to make more informed decisions about whether to apply.
Help employers attract candidates who understand the compensation parameters.

Failing to comply can result in complaints filed with the Washington State Department of Labor & Industries (L&I) , investigations, and potential penalties, including damages and fines.

What Employers Should Do Now

Employers operating in or hiring from Washington should:

Review and update all job postings to ensure compliance.
Train HR teams and recruiters on the new requirements.
Audit pay practices to ensure that stated salary ranges are accurate and align with internal compensation policies.
Consider broader transparency practices to stay competitive and build trust with prospective hires.

Washington’s move is part of a growing nationwide movement toward salary transparency, with other jurisdictions like New York City, California, and Colorado enacting similar laws. As pay equity becomes a bigger focus in employment law, proactive compliance isn’t just a legal requirement — it’s becoming a critical element of a strong employer brand.

If you are an employer with questions about your rights and obligations under Washington State law, Limitless Law PLLC is here to provide support and guidance. Don’t hesitate to contact us to schedule a strategy session to learn more and empower yourself to manage your business and your team with confidence. Call 360-685-0145 or click here to get in touch with us!

“Zombie” Second Mortgages – Where Did That Lien Come From?!

Mon, 07 Nov 2022 20:26:29 GMT

What can you do when a long-lost lien comes back from the dead?

Our office has received a rising number of calls from clients who took on second mortgages and liens years ago and then stopped hearing from their mortgage companies for many years. All of a sudden, those banks came out of the woodwork and some have been placing customers into collections for missing payments during the years in which they were not receiving any communications from the bank.

Some borrowers even received 1099 forms from the second mortgage banks and thought that those debts had been forgiven, only to find out recently that the lien was still on their house. Unfortunately, second mortgage liens are secured debts that are attached to the title of the property, so they can usually only be removed with full payment of the lien.

The options for handling a delinquent or defaulted second mortgage loan depend on a variety of factors: whether or not the home has equity or is ‘under-water’; how far behind the borrower may be on their payments for the loan; the credit rating of the borrower; and whether the borrower wants to sell the home or keep it.

If you are suddenly receiving calls or letters from a second mortgage that you thought was dead and gone, don’t wait until you are in default or foreclosure before taking action to learn about your rights and options.

We Won! Best of the Northwest 2022

Mon, 17 Oct 2022 16:43:06 GMT

THANK YOU to our clients and friends for voting Limitless Law PLLC as one of the best law firms in the northwest for 2022! We have been honored to be selected as one of the voters' choices for Best Law Firm almost ever year that there has been a "Best Attorney" category.

We appreciate your wonderful clients, thank you for your support!

Call 360-685-0145 or click here to learn more.

Crystal King's Client Video Testimonial for Limitless Law PLLC

Mon, 05 Sep 2022 16:27:12 GMT

Our wonderful client Crystal took a few minutes to share why she chooses to work with us, and refer friends and family to us. Thank you Crystal! We are grateful for all of our amazing clients.

You can check out more testimonial videos from Limitless Law's clients here: https://www.limitlesslaw.com/video-testimonials

Call 360-685-0145 or click here to learn more.

Garrett Chomka's Client Video Testimonial for Limitless Law PLLC

Tue, 23 Aug 2022 16:32:02 GMT

Garrett with Aperture Electrical is one of our favorite small business owner clients! Thank you to Garrett for sharing a few words on why he trusts Limitless Law PLLC to help with his business legal questions and documents.

Call 360-685-0145 or click here to learn more.

You can check out more testimonial videos from Limitless Law's happy clients here: https://www.limitlesslaw.com/video-testimonials

Stephanie Oppelaar's Client Video Testimonial for Limitless Law

Fri, 05 Aug 2022 14:50:07 GMT

It's been an honor to work with Stephanie and her family for many years now to answer their legal questions and assist with the legal documents that she needs to protect her loved ones. Thank you Stephanie!

Call 360-685-0145 or click here to learn more.

You can check out more testimonial videos from Limitless Law's satisfied clients here: https://www.limitlesslaw.com/video-testimonials

Michael Robles' Client Testimonial for Limitless Law PLLC

Mon, 25 Jul 2022 19:23:37 GMT

We have the pleasure of working with Mike and his whole lovely family on their legal matters! He was kind enough to share a few words on why he chooses to work with Limitless Law- check it out:

Call 360-685-0145 or click here to learn more.

You can check out more testimonial videos from Limitless Law's happy clients here: https://www.limitlesslaw.com/video-testimonials

Kevin's Client Testimonial for Limitless Law PLLC

Wed, 15 Jun 2022 18:54:06 GMT

Kevin Forrester Coleman is a massive contributor to our local community in so many ways, so it's an honor for us to help him and his family with their legal questions and needs. Kevin shared some thoughts about working with Limitless Law in this fun video. Check it out!

Call 360-685-0145 or click here to learn more.

You can check out more testimonial videos from Limitless Law's happy clients here: https://www.limitlesslaw.com/video-testimonials

Siobhan Murphy's Client Testimonial for Limitless Law PLLC

Mon, 30 May 2022 21:26:08 GMT

Siobhan Murphy, the owner and lead CPA at Thrive Business Group was kind enough to share a few words recently about why she chooses to work with, and refer clients, to Limitless Law PLLC. Thank you Siobhan!

Call 360-685-0145 or click here to learn more.

You can check out more testimonial videos from Limitless Law's happy clients here: https://www.limitlesslaw.com/video-testimonials

Marty Stauffer's Client Testimonial for Limitless Law

Tue, 17 May 2022 16:10:52 GMT

Anyone who knows our brilliant client Marty Stauffer knows that he's a whiz at video marketing for his own business, Stauffer Insurance . So, it was an honor and a pleasure to have him featured in this video testimonial for our firm. Thank you to Marty and all of our clients - you're the best !

If you are looking for legal assistance with adoption, estate planning, probate, real estate transactions, business law, prenuptial agreements, or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

You can check out more testimonial videos from Limitless Law's happy clients here: https://www.limitlesslaw.com/video-testimonials

Featured Limitess Law Client Testimonial Video: Cassie Robles

Tue, 03 May 2022 16:08:03 GMT

Thank you to Cassie for sharing this sweet testimonial about why you choose to work with us for your legal matters! It's an honor and a pleasure to work with families and businesspeople to help them better understand their legal rights and options and to protect what matters most.

Call 360-685-0145 or click here to learn more.

You can check out more testimonial videos from Limitless Law's happy clients here: https://www.limitlesslaw.com/video-testimonials

Check out more testimonial videos from Limitless Law's clients here:
https://www.limitlesslaw.com/video-testimonials

John's Client Testimonial for Limitless Law

Tue, 19 Apr 2022 16:05:00 GMT

Limitless Law loves our clients! This fun video from John talks a bit about why he and his family choose Limitless Law PLLC for their legal needs. We appreciate you, John!

If you are looking for legal assistance with adoption, estate planning, probate, real estate transactions, business law, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

You can check out more testimonial videos from Limitless Law's happy clients here: https://www.limitlesslaw.com/video-testimonials

There are even more testimonial videos from Limitless Law's wonderful clients here: https://www.limitlesslaw.com/video-testimonials

Limitless Law Featured Client Testimonial from Alyssa Springs

Fri, 08 Apr 2022 15:31:09 GMT

Alyssa Springs owns Flow Motion, LLC in Ferndale. She's a super boss, and Limitless Law PLLC is proud to represent her and her business. Alyssa shared some kind words in this video about why she chooses to work with us. Check it out!

Call 360-685-0145 or click here to learn more.

There are even more testimonial videos from Limitless Law's wonderful clients here: https://www.limitlesslaw.com/video-testimonials

Featured Client Video Testimonial: Ziad Youssef's Client Video for Limitless Law PLLC

Tue, 29 Mar 2022 15:21:44 GMT

Ziad Youssef, an incredible attorney in his own right, was kind enough to share a few words on why he chooses to work with Limitless Law PLLC . We appreciate you, Ziad!

Call 360-685-0145 or click here to learn more.

There are even more video testimonials from our amazing clients here: https://www.limitlesslaw.com/video-testimonials

Limitless Law Featured Client Video Testimonial: Brittany Melo

Tue, 08 Mar 2022 16:17:58 GMT

Fun fact: our lovely client Brittany has known our lead attorney Emily Rose since high school! Check out her video testimonial to find out more about why she chooses to work with Limitless Law PLLC for all of her business and family legal questions and projects.

Call 360-685-0145 or click here to learn more.

You can check out more testimonial videos from Limitless Law's happy clients here: https://www.limitlesslaw.com/video-testimonials

You can check out even more video reviews and testimonials from Limitless Law's awesome clients here: https://www.limitlesslaw.com/video-testimonials

Charles Kirk's Video Testimonial for Limitless Law

Wed, 23 Feb 2022 16:10:40 GMT

One of our long-time, amazing clients, Charles "Chuck" Kirk, shared a wonderful video testimonial with us recently about why he chooses to work with Limitless Law! Check it out here:

Thank you to Chuck for choosing to work with us on all of your legal questions and projects over the years! We appreciate you.

Call 360-685-0145 or click here to learn more.

You can check out more testimonial videos from Limitless Law's happy clients here: https://www.limitlesslaw.com/video-testimonials

You can check out even more fun video reviews from Limitless Law's awesome clients here:

https://www.limitlesslaw.com/video-testimonials

Who's in Charge of My Estate? Choosing Your Executor or Personal Representative

Mon, 24 Jan 2022 17:52:06 GMT

Your Personal Representative, also known as the Executor of your estate, is the individual who is responsible for your estate after you pass away. Executor responsibilities usually include closing the deceased person’s bank accounts, paying any final bills, and distributing the assets of estate to next of kin or the beneficiaries named in the will. Being an executor is a job that the individual you name will need to do – a job that can sometimes take a long time and possibly involve disputes between family members. It’s not always easy taking care of people’s debts and assets, especially when your executor may also be in the process of grieving as well.

Your executor is responsible for identifying assets, debts that need to be paid, as well as taking care of any tax liabilities or other federal or state responsibilities. Because of this, you should consider how organized and responsible the person you choose is. It may seem the fairest thing to do to select the person closes to you to handle your estate, but it may not be the wisest, if they are unorganized or do not handle responsibility well. You don’t have to be an attorney, accountant or a financial planner to be an executor. You just have to be responsible enough to hire the right people to help you.

Some wills can require that the executor be bonded to act as executor. “Bonding” is a form of insurance many courts may require, which serves the purpose of paying beneficiaries if an executor mishandles funds. People with many creditors and liens against them, individuals with no credit history and those who have declared bankruptcy may have difficulty being bonded. However in Washington State if you make a will you can elect for you executor not to be bonded if you feel they could do the job without the additional insurance for your heirs. There are some people who simply legally cannot act as executors. These individuals are disqualified under the law if they are minors, of unsound mind, or have been a convicted felon or fraud.

However, it’s not just about handling the mechanics, they also have to be able to handle communicating with the rest of your family, or at least those named in your will, often about sensitive subjects. If you select someone who does not get along with others or has someone who would fight them every step who is also a beneficiary of the will consider selecting someone who can more easily work with others or include a no contest clause in your will to deter conflict.

Age is also a factor to consider. If your executor dies before you, or within a short amount of time after you without completing your probate the process can be complicated. You can always elect to change your will later if you do not have anyone young you fee could fill the bill but consider having a second or third back up who you think will grow in to the position.

The physical residence or location of your executor need not be a limiting factor, if your chosen representative is otherwise well qualified to do this job on your behalf. Our office has handled estates where executors have been in other states and even other countries. As long as the executor is willing to work with a local probate attorney, and possible make one or two trips to deal with any real estate or delegate those other on site tasks distance does not provide a barrier in this age of technology.

If you have questions about naming the right executor, or any other questions about estate planning or your last will, feel free to contact Limitless Law PLLC at 360-685-0145 or via our website to learn more about your legal rights and options.

Understanding How Named Death Beneficiaries Impact Your Estate Plan

Wed, 08 Dec 2021 05:35:38 GMT

At Limitless Law PLLC, we often guide clients through the intricacies of estate planning. One powerful yet sometimes misunderstood tool in your estate planning arsenal is the ability to name a "death beneficiary" on your financial accounts. Whether it's a Transfer-on-Death (TOD) designation for brokerage accounts, a Payable-on-Death (POD) designation for bank accounts, or a beneficiary designation on retirement accounts and life insurance policies, these simple steps can have a significant impact on how your assets are distributed after your passing.

Here are the key effects of naming a death beneficiary:

1. Bypassing Probate: A Streamlined Transfer

One of the most significant advantages of using death beneficiaries is that the assets in those accounts typically pass directly to your named beneficiary without going through the often time-consuming and potentially costly process of probate .

Think of it like a direct delivery system for your assets. Upon your death, the beneficiary usually needs to present a death certificate and identification to the financial institution, and the funds or assets are transferred directly to them. This can provide your loved ones with quicker access to funds and simplify the estate administration process for those accounts.

2. Control During Your Lifetime:

Crucially, naming a death beneficiary does not relinquish your control over the account during your lifetime . You remain the sole owner (or joint owner, as applicable). You can:

Make deposits and withdrawals.
Manage the investments.
Change the beneficiary designation at any time , for any reason, as long as you are legally competent.

Your beneficiary has no rights to the account while you are alive. It's a future transfer, effective only upon your death.

3. Flexibility in Estate Planning:

Death beneficiary designations offer flexibility in your overall estate plan. You can designate different beneficiaries for different accounts, allowing for tailored distribution of your assets. For example, you might want your brokerage account to go to one child and your savings account to another.

4. Potential Tax Implications (Be Aware!):

While the transfer itself avoids probate, it does not necessarily avoid estate taxes . The value of assets passing via death beneficiary designations is generally included in your taxable estate for federal and Washington State estate tax purposes.

Furthermore, the beneficiary may be responsible for income taxes on certain types of accounts, such as traditional IRAs or 401(k)s, upon receiving the funds. It's crucial to understand the tax implications of each type of account and how beneficiary designations might affect them.

4. Coordination with Your Will (Important!):

While death beneficiary designations bypass probate for those specific accounts, it's essential to ensure they align with your overall estate plan as outlined in your will . Conflicts between your will and beneficiary designations can lead to confusion, legal challenges, and unintended consequences.

Example: If your will states that all your assets should be divided equally among your three children, but you've named only one child as the beneficiary on a significant bank account, that account will pass solely to that child, potentially creating an unequal distribution of your estate.

5. Considerations for Specific Types of Assets and Accounts:

Retirement Accounts (IRAs, 401(k)s): These accounts have specific rules regarding beneficiary designations and required minimum distributions for beneficiaries. It's crucial to understand these rules to maximize tax benefits for your loved ones.
Life Insurance Policies: Naming beneficiaries on life insurance policies ensures the proceeds are paid directly to your chosen individuals, providing immediate financial support without going through probate.
Brokerage Accounts (TOD): Transfer-on-Death designations allow for the smooth transfer of stocks, bonds, and other securities.
Bank Accounts (POD): Payable-on-Death designations are straightforward for savings and checking accounts.

The Takeaway: Plan Carefully and Seek Guidance

Naming death beneficiaries on your financial accounts is a powerful tool for simplifying asset transfer and providing for your loved ones. However, it's crucial to understand the implications and ensure these designations work in harmony with your overall estate plan.

At Limitless Law PLLC, we help our clients navigate these decisions, ensuring their assets are distributed according to their wishes while minimizing potential complications and tax burdens. Don't leave these important decisions to chance. Contact us today for a strategy session to discuss your estate planning needs and how death beneficiary designations can fit into your comprehensive plan. Call 360-685-0145 or click here to learn more.

The End of the Washington State Eviction Moratorium (updated 11/1/2021)

Mon, 01 Nov 2021 20:24:39 GMT

Governor Inslee’s September Bridge Proclamation has come to an end as of October 31, 2021. The emergency proclamation by the Governor replaced the state’s Eviction Moratorium and allowed for some evictions to take place in certain circumstances, excluding non-payment of rent.

The expiration of the Bridge Proclamation means that landlords are once again able to pursue eviction actions against tenants for unpaid rent, however, there are a few extra steps involved that are different than the pre-pandemic eviction process.

New resources have been made available to tenants and landlords with the goal of preventing an influx of evictions from occurring all over the state as a result of COVID-19 hardships. Before a landlord can bring an eviction action in court for non-payment of rent, they must first offer a payment plan in writing to the tenant, make them aware of tenant resources, and attempt to engage in mediation with the tenant to resolve the issue outside of court. The Whatcom County Eviction Resolution Pilot program has been created to assist in coordination with the Whatcom Dispute Resolution Center to mediate these matters.

A landlord may seek court intervention for an eviction based on non-payment of rent only if they have done what is required of them as set forth in Washington Engrossed Second Substitute Senate Bill 5160 and were unable to come to a resolution with their tenant despite their efforts.

If you are a property owner interested in discussing your legal rights and options with regard to your rental properties, you are welcome to call Limitless Law PLLC at 360-685-0145 to schedule a consultation with an attorney to learn more.

Burial Across Borders

Mon, 18 Oct 2021 19:46:52 GMT

As a midsized border town, Bellingham Washington (where Limitless Law PLLC is headquartered) has been both tourist attraction and residence for many Canadian citizens. Our beautiful town offers sights, events, food and culture that draw people to stay an hour or years. However as lovely as being in Bellingham is, if you are a Canadian citizen, there are some legal issues you may consider addressing if you are spending time in Whatcom County (or anywhere in the U.S., for that matter).

If you own property in the United States, your property will be inherited by your heirs through the law of the state where that property is located. This means that if you have a vacation home in Washington you will need to use the Washington State legal system to transfer that property, either during your life or as part of your estate. If you have real estate in Washington State, and are a non-US citizen, consider discussing your estate plan both with an attorney in your home country and one who is licensed to practice in the state where you own the real estate.

Traveling or living in a foreign country can be thrilling and exotic, and although it can feel like you would like to stay, it’s also understandable if you want to return home. When you are traveling abroad and also considering your estate plan you may want to think about where you would like to be buried, or where you would like your ashes to be distributed. Want to have your ashes scattered on the same Oregon beach where you were proposed to? Want to make sure even though you summer in Washington State that you are buried with your family in Canada? Who is going to be the one to make these arrangements for you? Do they know your wishes?

When transporting remains through a Canadian Point of entry (POE) whether it is an airport, port or land border, you will be required to produce the death certificate of the deceased national you are transporting. If you are transporting remains in any context that are not cremated you must provide the border officials with the death certificate and the body must be in a hermetically sealed casket, coffin or container and the Canadian Government may require documentation that the deceased had no communicable diseases. If possible, the person facilitating the transport of the body should have the required documentation, such as multiple copies of the death certificate, the deceased’s will and any powers of attorney. If ashes of a Canadian Citizen are being returned to Canada, you should have a cremation certificate.

The Limitless Law team is here to help with your questions relating to probate or settling cross-border, international estates. If you are seeking legal assistance with estate planning, probate, real estate transactions, business law, adoption, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

Best of the Northwest 2021 - We Won!

Sat, 02 Oct 2021 14:39:55 GMT

Limitless Law was honored in Best of the Northwest for 2017, 2018, 2019 and 2021

Thank you to all of our amazing clients for voting us Best of the Northwest in the Bellingham Alive reader's choice awards yet again for 2021.

We have been fortunate to be chosen as part of the Best of the Northwest awards almost every single year that there has been a "Best Attorney Category" (with the exception of 2020, but we all know what kind of year 2020 was, right?)

Thank you for trusting our firm with your legal questions and projects.

Read about all of this year's Best of the Northwest winners on Bellingham Alive's website: https://northsoundlife.com/

If you are seeking legal assistance with adoption, estate planning, probate, real estate transactions, business law, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

Washington State Eviction Resolution Program Announced for Whatcom County

Sat, 18 Sep 2021 16:26:16 GMT

With approximately 3000 households behind on rent in Whatcom County, the County has opted in to take part in the Washington State program meant to assist in resolving eviction issues resulting from unpaid rent and the Covid-19 pandemic outside of court.

The Eviction Resolution Pilot Program in Whatcom County aims to provide better access to resources for landlords and tenants and assist in communicating between the parties to hopefully reduce the number of evictions that are ultimately taken to court. Whatcom Dispute Resolution Center expects this program to go into effect within the next few weeks, and when it does, landlords will be required to utilize it before they are able to file a lawsuit against a tenant to remove them.

The Eviction Resolution Pilot Program will work like this:

1. If a landlord is interested in pursuing a tenant for unpaid rent, they must send a notice to both the tenant and the Dispute Resolution Center to initiate their participation in the eviction resolution program.

2. The program will then reach out to the tenant and connect them to rental assistance resources such as the Northwest Justice Project, the Opportunity Council, and Law Advocates.

3. If the tenant decides to participate, the program will also assist in communicating between the parties while they work on coming to an agreement.

4. If the parties are able to agree on a resolution without needing to go to court, the program was successful and no eviction is necessary.

5. If the tenant declines to participate, or if the parties are unable to come to a resolution despite utilizing the assistance provided by the Pilot Program, the landlord will be given a certificate stating that they made an attempt to resolve the issue, which they can then take to court and proceed with filing an unlawful detainer or eviction lawsuit.

Call 360-685-0145 or click here to learn more.

Your Business Needs a Remote-Work Policy (Even After COVID-19)

Tue, 24 Aug 2021 17:57:04 GMT

With the Federal approval of Coronavirus vaccines 2021 has been a somewhat different year from 2020. However, the effect of the coronavirus lock downs and the limitation of workplace access and in person gatherings still lingers. As businesses begin to look forward to reopening and maybe even rehiring, they may find they are still faced with a workforce that has become accustomed to remote working and its benefits. There is also the consideration that all efforts and expenses put in to allow a business to function using remote office spaces for their employees should not go to waste.

When attempting to address remote working as a normal practice there are some important things to consider for businesses. Without a single location, making sure employees adhere to the rigorous nine to five, may blur the understanding of employee responsibilities and can even cause confusion about legally defining employees vs independent contractors. In order to protect itself from potential legal fall out from any confusion or misunderstanding between employer and employee a business might consider setting out such issues in clear written format, specifically policies for remote workers.

Written policies set out clear and enforceable explanations of employer’s expectations so issues of employer dissatisfaction or employee conflict are not misinterpreted as part of an unwritten rule. While such things are often set out during in-person training or by on site office management when working remotely such possible lapses in policies are more difficult to observe and address. However as a pinch of prevention is worth a pound of cure, so to providing written expectations of remote workers can prevent mismeeting of day to day work expectations that are often taken for granted in an in person work place.

Policies for employees can often address many of the following issues:

• Time sheet marking and recording

• Means of communication during work hours (what is appropriate, what methods do you need to have knowledge of, and which video conference software the company prefers to use)

• Chain of command structure and who to turn to with different types of issues

• Remote workstation security

• Determining at home workplace expense reimbursements

If you are seeking legal assistance with business law, estate planning, probate, real estate transactions, adoption, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

Washington State Just Authorized Electronic Wills … Now What?

Mon, 26 Jul 2021 16:41:00 GMT

Washingtonians will soon be able to execute electronic wills, following a special new procedure recently authorized by the State Legislature.

That’s right, starting in 2022, Washington State will be one of a few states that will allow its citizens to have Electronic Wills.

Under the current Washington state law, a valid Will has to be a physical document, signed by the person making the will and witnessed by two competent individuals, in the presence of a Notary Public. All of the individuals involved in the signing must be physically present in the same location, at the same time.

The newly-passed Uniform Electronic Wills Act will permit Washington State residents to execute an electronic will that can be legally binding.

An electronic will MUST be:

The Act also specifies who can play the role of a ‘qualified custodian’ of an electronic will.

Those who are unqualified to be custodians of an electronic will are: the testator/testatrix, their spouse/partner, heir, beneficiary, or any other person that may have an interest in testator’s estate.

Qualified legal custodians who receive the electronic will must maintain a chain of custody, will swear to the unaltered state of the electronic will and deliver the electronic will to the court having jurisdiction or to the named executor of the testator’s estate.

If the electronic will has not been maintained by a qualified custodian it must be treated as a lost or destroyed will.

We expect that the new Electonic Wills Act will to continue to evolve. You are welcome to contact Limitless Law at 360-685-0145 to schedule a consultation to discuss your will or estate plan. We are available for in-person, phone and video conference consultations.

Call 360-685-0145 or click here to learn more.

The Washington State Eviction Moratorium Bridge

Tue, 29 Jun 2021 18:31:00 GMT

Governor Jay Inslee announced on June 24 ^th a new “Bridge Proclamation,” which will go into effect on the 1 ^st of July, replacing the Eviction Moratorium that was put into place last March.

The Bridge Proclamation is meant to bridge the gap for renters and landlords during the period of time between the end of the Eviction Moratorium on June 30 ^th and when the State’s new housing stability programs begin later this year. The Bridge will be in effect from July 1 ^st to September 30 ^th .

While this Bridge does ease some of the restrictions put on by the Eviction Moratorium such as a landlord’s ability to raise rent subject to the 60-day notice requirements under state law, the eviction process will remain a bit different now than how it was pre-pandemic. Landlords will be unable to evict a tenant on the basis of unpaid rent from the period of February 29, 2020, to July 31, 2021 until there is a rental assistance program and an eviction resolution program up and running in their county. Even once a county has both of those programs operational and available for use, the parties must still attempt to resolve the issue through the eviction resolution program before a tenant can be evicted for unpaid rent.

Starting on August 1 ^st , tenants are expected to resume making payments of their full rent amounts to their landlords. Going forward from that date, if a renter is unable to make their full payments, the landlord is required to offer a reasonable repayment plan and provide a written list of the local support and services available to that tenant. If the tenant is still unable to pay according to a negotiated reduced rent, the tenant must be actively seeking rental assistance or face eviction. A landlord can only begin the eviction process for unpaid rent if all of these requirements have been met.

It is the hope that these modified restrictions on evictions will help to prevent a wave of homelessness across the state as other pandemic restrictions begin to ease over time. This proclamation does not apply to hotels, motels, Airbnbs, long-term care facilities, or other non-traditional housing.

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Washington State Just Raised Recording Fees by $100 Per Document

Mon, 07 Jun 2021 17:45:00 GMT

Washington State’s Governor Inslee just signed a new bill that raised the cost of recording fees for the purpose of funding additional recourses for eviction prevention and housing stability services throughout the state.

Although the price varies depending on the type of document, the recording fee was typically $103.50 for the first page of a document and another $1 for every additional page. Beginning July 25, 2021, an extra $100 will be tacked onto that fee for each recorded document throughout the state. This surcharge is estimated to generate about $146 million a year in revenue, which is earmarked to assist with combatting the growing homelessness problem across the state.

Once the counties collect those fees, they will be passed along to the State Treasurer for allocation into the following programs:

Some examples of documents that will bear this increased fee include deeds, lot line adjustments, and liens, just to name a few. There are a few types of documents that are exempt from the $100 surcharge, such as those recording births, deaths, marriages, divorces, and wage, water, or sewer liens.

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New Washington State Homestead Exemption Law – Hope for Homeowners Considering Bankruptcy

Fri, 14 May 2021 14:15:00 GMT

Lawmakers in Washington State have just passed a major update to the Washington State bankruptcy homestead exemption. Bankruptcy exemptions allow you to protect some or all of your property from creditors in a bankruptcy. There are exemptions available for all types of assets, from cars, to bank accounts, to household goods and furniture, but the most valuable asset a homeowner wants to protect is usually their home.

The homestead exemption in Washington, which protects the value of your equity in your primary Washington residence, has had a limit of $125,000.00 in Washington State. If you have spoken to a bankruptcy attorney in the past, you might have been told that because you have more than $125,000.00 in equity, you may either have to sell your home or file for a Chapter 13 bankruptcy, which creates a repayment plan for your debt rather than wiping it out. This has prevented many people from obtaining debt relief through bankruptcy at all. Luckily however, thanks to Engrossed Substitute Senate Bill 5408, the homestead exemption limit will be raised significantly. Instead of the $125,000.00 cap, the new exemption will match the median sales price of a single family home in your county from the previous year, which in Whatcom County was $444,400.00 for 2020. You can find the new exemption limit for your county here .

With the new homestead law, a debtor in Whatcom County can have up to $444,400.00 in exempt home equity and still qualify for a Chapter 7 bankruptcy. This is more than 3.5 times the current limit, which was last increased in 2007. The real estate market has obviously skyrocketed in most parts of Washington since 2007, so our current exemption is often not enough to protect a debtor’s home during bankruptcy. This new raise in the limit opens up the option of Chapter 7 to people who may not have qualified for it before because of the amount of home equity they had.

This bill also revises the laws as they relate to the exemption status of appreciation value after the bankruptcy petition is filed and how selling or moving into a new homestead during bankruptcy works. You can find all the specific details of the bill here .

If you are seeking legal assistance with adoption, estate planning, probate, real estate transactions, business law, prenuptial agreements or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

The End of Washington State’s COVID-19 Eviction Moratorium

Thu, 29 Apr 2021 18:19:00 GMT

The Washington State eviction moratorium is set to expire at 11:59 pm on June 30 ^th , 2021. With over 160,000 reported Washington households who have fallen behind on rent since the moratorium was originally put into place last March, many are anticipating a wave of eviction cases in the near future. In preparation for the influx of expected evictions, Washington State has taken steps to put new rules into effect of which all landlords and tenants should be aware.

On Thursday, April 22, 2021, Washington became the first state in the nation to ensure legal representation for low income families facing eviction. A tenant may qualify for this assistance if they are also receiving any of the following types of public assistance:

A tenant facing eviction may also qualify if their annual after-tax income is 200% or less of the federally established poverty level , which currently comes out to $25,760 for individuals, $34,840 for a couple, or $53,000 for a family of four, for example. A tenant who meets one or more of these qualifications will be eligible for free legal representation from a court appointed attorney to assist with their eviction case.

It is important to note, however, that this assistance will not be available right away. The Washington State Office of Civil Legal Aid is responsible for actualizing this new legislation, and the Governor has asked that they draft a plan by July 21, 2021 to fully implement this program by April 22, 2022.

In the same recently-passed bill, SB 5160, which proposed this new resource for low income tenants, there is also a new requirement that landlords must meet before evicting any tenant on the basis of unpaid rent that accrued from March 1, 2020 through the six months following the expiration of the moratorium on evictions or the end of the public health emergency. Before a landlord can proceed with an eviction, they must first offer the tenant a reasonable repayment plan for the back-rent during that period. If the tenant does not accept the payment plan offer within two weeks or fails to make their payments, then the landlord may proceed with an eviction lawsuit.

Any repayment plan offered to tenants must:

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Can I Cut My Spouse Out of My Will?

Fri, 09 Apr 2021 18:34:00 GMT

Can you disinherit your lawfully-wedded spouse? It’s complicated.

Washington State is a community property state. That means is that without specific planning (such as a prenuptial agreement) when a couple marries, most property acquired during the marriage becomes property of the marital community. This ‘community property’ is subject to special inheritance requirements. Under Washington State law upon your death, your spouse (if you have one) is entitled to receive all of your community property along with half of your separate property. The other half of your separate property can be given in your will to whoever you’d like to receive it. Without a will, Washington State Law would award the remaining separate property to a decedent’s children or surviving parents, if they had any at the time of their death.

Other written documents can also affect how your spouse can inherit. If you have a prenuptial, postnuptial, or community property agreement, that written agreement could change the inheritance rights of your spouse. A prenuptial agreement or separate property agreement, provided they are signed well in advance of your marriage, can potentially waive a spouse’s right to inherit. Your Will should be consistent with the terms of your prenuptial agreement. A community property agreement is an agreement between spouses declaring that all assets belonging to either spouse are community property and are to be considered equally owned by both spouses.

There are other changes you can make to your estate documents as well to limit the power that your spouse might have over your estate. You may have given your spouse power of attorney at some point, which would mean your spouse might access to all of your financial accounts and assets. If you have an existing Will or Trust, you may have named your spouse as your executor or Trustee which would give them power over your estate.

While you are married, your spouse is entitled to a certain minimum share from your estate, unless you have a validly-executed pre-nuptial or post-nuptial agreement. Once a divorce is finalized, you may revisit your estate plan and update your will at that time, since your spouse will no longer have a legal claim to community property in your estate. Don’t forget to check on your beneficiary or ‘pay on death’ designations for your bank and other financial accounts as well. Even if you remove your spouse as a beneficiary under your will, they may still inherit an asset like a life insurance policy or a bank account if you list their name as the beneficiary on that account, even after a divorce.

If you are seeking legal assistance with estate planning, probate, adoption, real estate transactions, business law, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

Are my kids entitled (to an inheritance from me)?

Wed, 17 Mar 2021 17:24:00 GMT

Under Washington State law, your descendants (aka your children) are considered your heirs, but your heirs do not have to be your descendants. If you die without a will, Washington law requires your assets to be given to certain members of your family, if they are alive at the time of your death. Generally speaking your assets would go to your spouse, then your children, then to your parents if you have no spouse or children at your death, or to your siblings or other close biological relatives if your parents also do not survive you. This is called the right of ‘intestate succession’. But this does not mean that your children are always entitled to inherit from your estate, you can choose to leave them nothing, as long as you do so explicitly through your will. It is also important that intestate succession does not necessarily treat all children equally so it is important to consider a written Will for your children’s benefit rather than relying solely on the right of inheritance if not all of your children share the same biological parents.

With a written will, you can control what you leave to your descendants, provided you name them. In your will you can determine how much of your estate goes to your child, specific gifts or items that go to specific people, when your kids should receive their share of the estate, and you can even specifically state that you are leaving nothing. Washington has an ‘omitted child’ law which prevents children from not receiving inheritance due to unintentional omission. In order to get around this protection and disinherit your children the law requires you to specifically name any biological or adopted children who is being disinherited. Under the law of Washington your biological or adopted children have the right to challenge a will if they are omitted, step-children do not have this avenue of redress if they are left out.

A lawfully adopted child is not considered an “heir” of their biological parents. An adopted person is for all intents and purposes a legal heir, and lawful child of their adoptive parents entitled to all rights and privileges, including the right of intestate succession and inheritance. If the will of a deceased parent fails to name or provide for their child who was adopted, the child must receive an amount equal in value to that which the child would have received if the decedent had died intestate.

Under the right of intestate succession step children are not considered descendants. However if you pass away first and your spouse inherits from you, your step children could inherit part or all of your estate through your spouse. Without a will a spouse is automatically granted all of the couple’s community property and half to all of your separate property depending on what of your blood relatives survive you. The only time that a stepchild can claim a stepparent’s estate through intestate succession is when the second parent dies without heirs or a will.

While under Washington Law your children are entitled to be named in your will, they are not entitled to be heirs under your will. Without a will you have much less control over the inheritance due to your children. Limitless Law PLLC is here to help if you have any questions about your estate planning options. Give us a call at 360-685-0145 to see how we can help craft an estate plan or will that is customized to accomplish your goals.

If you are seeking legal assistance with estate planning, adoption, probate, real estate transactions, business law, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

Co-Buying Real Estate? You Need a Contract!

Tue, 23 Feb 2021 17:50:00 GMT

Whether you are living with long-term roommates, a romantic life partner or multiple generations of your family, rapidly accelerating real estate prices in our area have led to a massive interest in ‘co-buying’ or buying real estate with other people. Anyone who lives in Washington State knows that the housing market has been subject to steeply rising costs over the past several years. Aspiring homeowners are looking for ways to share the expense of a home and co-buying can be a great solution. Buying a home with other people also comes with a lot of legal obligations and risks, which is where a contract comes in!

Legally speaking, in order to be enforceable, any contract with regard to ownership interest in real estate must be in writing in order to be enforceable. And even if writing your contract down was not required, written agreements allow you an opportunity to work out solutions to potential problems before they cause any hard feelings between you and your fellow property owners. A written agreement also helps protect your rights and make sure everyone is fully committed and on the same page.

Contracts that specify the parties rights with regard to real estate are often called ‘co-habitation agreements’ or ‘co-tenancy agreements.’

Co-tenancy contracts are agreements between property owners who are all on the property title or deed together. These contracts often include the terms for buying out a party who does not want to share ownership anymore, how shared expenses like mortgage payment and utilities are allocated, and what happens if there is a disagreement between the parties

A co-habitation agreement is somewhat similar to a co-tenancy agreement, but this type of contract is used when not everyone is on the deed to the property, though they are living together. Perhaps you would all like to live together but one or more of you does not qualify for financing to be involved in the property purchase, or one of you previously purchased the property and is already in the process of paying down a separate mortgage?

If you are considering sharing the expense of owning a home with someone and a contract can help you answer questions like who pays for insurance, what happens if one of you wants to move, who pays when there is a repair or remodel needed, what happens if one of you gets married or passes away, or what happens if you need to refinance later.

If you are considering co-buying or purchasing real estate with other people, you are welcome to contact Limitless Law PLLC at 360-685-0145 to schedule a strategy session to learn more about your options and rights, as well as the types of contracts that may help protect you and your property rights.

If you are seeking legal assistance with real estate transactions, adoption, estate planning, probate,business law, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

Creative New Alternatives to Cremation or Burial – Estate Planning for Your Final Resting Place

Thu, 21 Jan 2021 19:35:00 GMT

The universe of options for alternatives to traditional cremation or burial for ways to create final resting place for your Earthly remains is constantly expanding. Some of the newer options for disposition of human remains focus on finding more environmentally-friendly ways to go, besides traditional cremation or burial

Washington State has recently legalized a new method of body preparation called recomposition. Unlike burial or cremation, with recomposition the full body of the deceased is allowed to naturally deteriorate to become fertile soil. The new law also allows for the choice of alkaline hydrolysis, also known as water cremation. Both methods are touted as being more environmentally friendly than their traditional counterparts. In addition to these newly legal methods there already exist a few ‘alternative burial’ options that a number of our clients have selected instead of the traditional expensive casket burial or cremation in the concerns that their ashes may simply end up in someone’s storage container.

For a burial alternative, if you are opposed to cremation you may consider one of the following:

If cremation is something that you are considering you may also be interested in one of the following:

Call 360-685-0145 or click here to learn more.

An Update on the Washington State COVID-19 Eviction Moratorium (Updated December 28, 2020)

Mon, 28 Dec 2020 17:22:00 GMT

Washington State’s Governor Inslee has just announced another extension to the Washington statewide eviction moratorium, this time extending the order until the end of March 2021. The moratorium on residential eviction actions in Washington State was set to expire on December 31, 2020 prior to the extension granted by the Governor.

While final details of the extension have not yet been issued, we suspect that this extension on the moratorium will still contain certain exemptions that allow property owners to proceed with evictions under limited circumstances, including where a property owner wants to move back into the property or list it for sale.

Call 360-685-0145 or click here to learn more.

If I die, what happens to my small business? Estate planning for business owners

Tue, 01 Dec 2020 18:47:00 GMT

Unlike most of your personal belongings, your ownership interest in a small business is not easily addressed through basic estate planning, and special attention should be paid to how you would like your business handled if anything should happen to you, as the owner.

If you own a sole proprietorship, your business and your personal assets are considered one and the same for most legal purposes. As a result, when the owner of a sole proprietorship business dies, although your executor can sell the assets of the business, the business itself also dies, in a sense. If you do not have a will, the assets of the business, which are considered your assets, are distributed according to state probate law.

Unlike sole proprietorships, corporations do not die automatically when a business owner dies. Instead, when a corporation owner dies, their estate becomes the new owner of the business. This could result in your executor being responsible with managing not only decisions for your estate but also your business. Eventually, your ownership in a small corporation would likely be distributed to your heirs or sold to generate income for your family.

LLCs are organized under the terms of an operating agreement, and an LLC’s operating agreement should specify what will happen in the event an LLC owner dies. If the operating agreement allows for the LLC to continue after the death of an owner, the surviving owners could vote to buy-out the deceased member’s ownership or add in a new owner in their place. If you are the only owner of your LLC, you may run into the same problems as a sole proprietorship, where your personal representative does not know enough about the day to day activities of your business to keep it up and running after you are gone.

If your business is part of the legacy you want to leave to your loved ones, a possible solution is including a specific gift of your business, or its assets, to someone you trust to handle the business, in your Last Will. You might also consider placing your business ownership in a testamentary trust so that your trustee can be responsible for managing the business while any profits are distributed to your heirs.

In addition to making certain that the assets of your business and your business itself are distributed according to your wishes, you also need to consider how your estate will handle the debts you have acquired as part of your business. If your business has high overhead expenses or a lot of debts and obligations, you may want to consider investing in specialized business insurance called “Keyholder” or business buyout insurance. This insurance is similar to life insurance, except that the company purchases a life insurance policy on its key employee (or employees), pays the premiums and is the beneficiary of the policy. If that important worker unexpectedly dies, the company receives the insurance benefits. The company can use the insurance proceeds to cover expenses or, if necessary, pay off debts, distribute money to investors, pay severance to employees and close the business down in an orderly manner.

Call 360-685-0145 or click here to learn more.

Washington State Now Has Virtual, Remote Notaries

Mon, 02 Nov 2020 19:10:00 GMT

Did you know that Washington State recently became the ninth state to allow for online, remote notarization of legal documents? Originally, the online remote notarization authorization was meant to take effect in October 2020, but Washington State’s governor put the new law into effect early, due to the COVID-19 pandemic and resulting increased need for remote, virtual notarization.

Currently-licensed notary publics can now apply for an additional electronic notary supplement to their existing license. To provide remote notary services, each notary must select a tamper-evident/password protected software to perform virtual notarial acts. Virtual notaries must still verify the identity of each person whose signature they are verifying at the time of signing.

With proper identity verification, a virtual notary can remotely notarize your document, complete with electronic signature and stamp and with the same legal effect as if the signing took place in person. In order for the remote notarization to happen, the notary must also be able to see and hear you as you sign your document, (i.e. through Skype, Zoom, or Facetime).

Notarizing is often a necessary part of making sure your legal documents are enforceable in the State of Washington. If you have questions about the legal changes that have come up during the recent COVID-19 pandemic, Limitless Law PLLC is here to help! Our office can be reached at 360-685-0145.

Call 360-685-0145 or click here to learn more.

Washington State COVID-19 Eviction Moratorium Update (October 12, 2020)

Mon, 12 Oct 2020 17:40:00 GMT

Washington State’s Governor Inslee has just announced another extension to the Washington statewide eviction moratorium, this time extending the order until the end of 2020. The Federal Trump Administration has also joined in to support eviction protections during the coronavirus pandemic. If you can remember back to March of this year, the Federal CARES Act passed by Congress included a 120-day suspension on residential evictions. The CARES Act also allowed certain landlords (those with federally-backed mortgages) to request forbearance of their payments. It also required landlords to offer their tenants a repayment plan on unpaid rent.

The Trump administration and the CDC recently issued a public health order, stating that there will be a halt to process evictions from September 4 ^th through the end of 2020. To qualify under the federal eviction moratorium, tenants must submit a declaration to their landlord declaring they cannot pay rent, have availed themselves of available assistance and make less than $99,000 per year.

As the coronavirus pandemic continues, many people find themselves with new questions about their legal rights and options. We welcome you to contact Limitless Law PLLC in Bellingham, Washington for a consultation about ways to protect your family and your business during this time. Our office can be reached at 360-685-0145.

Call 360-685-0145 or click here to learn more.

Is Probate Always Necessary? Maybe Not

Fri, 02 Oct 2020 22:13:00 GMT

Probate is the court-administered distribution of assets that can occur after someone has passed away. Probate can happen even when someone had a will, and the process requires the deceased person’s executor or heirs to open a case with a local superior court, by paying a filing fee and filing specific legal paperwork. You may also require an attorney’s assistance so your probate paperwork is accepted by the court and you are able to complete the probate successfully. But, do you really need to go through probate at all?

There are a few ways to help avoid probate in Washington State. During your life, you can choose to do some advanced planning to intentionally avoid probate, including setting up a trust, filing a transfer on death deed for real estate, or naming a beneficiary on financial accounts.

Even if someone has not done any estate planning, there are certain circumstances where an estate might not need to go through probate at all. A Small Estate Affidavit can be used instead of probate to transfer certain assets, but only if the person who passed away didn’t own any real estate or have any unpaid debt, and if their total estate is less than $100,000 in value.

Another way to avoid probate is a Lack of Probate Affidavit. This document can be used to transfer real estate out of the name of a deceased person. But, this Affidavit this does not transfer any mortgages on the property, so you might still need to refinance the mortgage on the property, if there is one. Only rightful legal heirs, as defined by Washington State Law, can use a Lack of Probate Affidavit to transfer a deceased person’s property i.e. a spouse, or children. The Affidavit cannot be used to transfer property if a probate has already been opened for the Estate.

It’s also important to note that neither the Lack of Probate Affidavit nor the Small Estate Affidavit protects a deceased person’s heirs from the debts that might be owed by that person who has passed away. The process of settling a loved one’s final affairs can be complicated, but it doesn’t have to be. Please contact Limitless Law PLLC at 360-685-0145 if you need assistance with any estate or probate legal matters in Washington State.

Call 360-685-0145 or visit this page to learn more: https://www.limitlesslaw.com/book-a-strategy-session

An Update on the COVID-19 Eviction Moratorium (Updated September 2, 2020)

Wed, 02 Sep 2020 16:55:00 GMT

As Washington State continues to move forward with its re-opening of businesses and its economy as the COVID-19 pandemic continues to have peaks and valleys throughout much of the state; an extended moratorium released by Gov. Inslee once again is leaving landlords and their tenants in a state of limbo.

In March 2020, the Federal CARES Act passed by Congress included a 120-day suspension on residential evictions. The CARES Act also allowed certain landlords (those with federally-backed mortgages) to request forbearance of their payments.

Governor Inslee extended moratorium on evictions through October 15, 2020. The extension recaps the original order of preventing landlords from evicting tenants due to non-payment of rent during this global pandemic. In Gov. Inslee’s current moratorium, he again gives some exceptions that allow landlords and property managers to move forward with an eviction process. The landlord or manager of the property must provide at least 60-days’ written notice that they intend to (1) personally occupy the premises as a primary residence, or (2) sell the property. Tenants may also still be evicted if they are posing an immediate and significant danger to the health, safety or property of others.

The new moratorium still bans Washington landlords or property managers from charging late fees for rent, it also prohibits landlords from making late rent payments an enforceable debt, or increasing monthly rental payments. Tenants who fall behind on their rent must be offered a reasonable re-payment plan to catch up on any unpaid rent.

On September 1, 2020, the federal CDC also issued a temporary halt on evictions nationwide until December 31, 2020 for all tenants with an expected taxable 2020 income of $99,000 or for an individual or $198,000 annually for a couple filing a joint tax return. Much like the Washington moratorium, the new federal order also does not include forgiveness of rent – tenants will still owe all accrued rent, interest and late fees when the moratorium ends. The federal eviction ban only applies to evictions for lack of rent payment, not for other reasons like destruction of property.

Call 360-685-0145 or visit this page to learn more: https://www.limitlesslaw.com/book-a-strategy-session

I’m a Trustee – Do I Need a Lawyer?

Wed, 12 Aug 2020 15:13:00 GMT

If you’re taking over as trustee of a living trust, or you are named as trustee or executor in a will, you will have some work to do. You will begin by collecting all the relevant information, bills, and documents related to the trust or estate’s financial records, so that you can ultimately account for all of the trust/estate property to the beneficiaries and distribute that property, when the time comes.

Often, your trustee duties regarding communicating with beneficiaries, when you need to distribute funds, and other ongoing obligations of the positions will be spelled out in the document itself, either the Trust Agreement or the Will. You may need to seek professional advice from an experienced estate or probate attorney to learn more about your duties and options in your Trustee or Executor role.

Depending on the terms of the particular trust or will that you are in charge of administering, you may be responsible for distributing funds to beneficiaries over a period of months or even many years.

This list is just an example of some the jobs that an executor or trustee may need to accomplish:

If you are seeking legal assistance with probate, trust administration, estate planning, adoption, real estate transactions, business law, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or visit this page to learn more: https://www.limitlesslaw.com/book-a-strategy-session

We Have a “Rising Star”!

Wed, 22 Jul 2020 22:31:00 GMT

Limitless Law PLLC is proud to announce that our lead attorney, Emily Rose Mowrey, has been selected to the 2020 Washington State SuperLawyers Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com

Call 360-685-0145 or visit this page to learn more: https://www.limitlesslaw.com/book-a-strategy-session

“Acts of God” Clauses – COVID-19 and Your Contracts

Mon, 06 Jul 2020 17:00:00 GMT

You may have heard of a “force majure” or “Acts of God” clause in a contract, but maybe you’ve never given it much thought… until COVID-19 appeared, that is. As the COVID-19 pandemic continues to impact the global and national economy, you may find yourself scrutinizing your business lease and other contracts for some clue as to your legal rights and responsibilities during this unprecedented and uncertain time. As you review your contracts, you may have come across something called a “force majeure” clause.

A force majeure clause is a contractual provision that excuses the performance of a party in the event of an extreme, unforeseen event. Force majeure clauses are most common in commercial contracts like leases, real estate purchase agreements, construction contracts or vendor agreements. Each clause will usually address which party is excused from holding up their end of the deal, what part of their performance is excused (i.e. partial or completely) and the steps need to be taken to provide notice to the other parties in case of emergency. A list of events that are considered to trigger the force majeure provision may also be included. COVID-19 is an unprecedented mass emergency, and it may be considered a force majeure event, depending on the language of your particular contract.

If you are currently looking to enter into a new contract or lease, you may consider asking about the addition of COVID-19 or other pandemic level events as a force majeure event or investigating how the other party is currently addressing performance issues for completing their current contracts such as inability to meeting in person, offering payment deferral, issues with a supply train or traveling across various borders.

If you are seeking legal assistance with contracts, probate, trust administration, estate planning, adoption, real estate transactions, business law, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or visit this page to learn more: https://www.limitlesslaw.com/book-a-strategy-session

Washington State Eviction Law Update (June 2020)

Fri, 12 Jun 2020 18:27:00 GMT

The Federal CARES Act, passed by Congress in late March 2020, included a 120-day suspension on residential evictions. The CARES Act also allowed certain landlords (those with federally-backed mortgages) to request forbearance of their payments.

In Washington State, Gov. Inslee extended moratorium on evictions through Aug. 1, 2020. The extension included certain exceptions to allow some evictions to move forward prior to August. In order to proceed with an eviction under the partial moratorium, the owner or manager of the property must provide at least 60-days’ written notice that they intend to (1) personally occupy the premises as a primary residence, or (2) sell the property.

Washington landlords are still banned from charging tenants late fees for rent during this moratorium. Tenants who fall behind on their rent during the pandemic must be offered a reasonable re-payment plan to catch up on unpaid rent.

The governor’s proclamation still stops both commercial and residential landlords from raising rent on any tenant affected by COVID-19 during this time. Certain evictions may still be allowed if tenants are causing a significant and immediate risk to the health and safety of others.

If you own or manage rental property in Washington State and you have questions about the rapidly-changing laws surrounding landlord and tenant rights during the coronavirus pandemic, Limitless Law PLLC has years of experience with real estate law, and we’re here to help. New clients are welcome to call us at 360-685-0145 to schedule a consultation.

Call 360-685-0145 or visit this page to learn more: www.limitlesslaw.com/book-a-strategy-session

Chapter 7 Bankruptcy – What Happens When You File?

Tue, 02 Jun 2020 20:59:00 GMT

That’s it! I hope that this timeline has helped de-mystify some of the stress of uncertainty that can go along with thinking about filing for Chapter 7 bankruptcy.

Are Courts Open During COVID-19?

Fri, 08 May 2020 19:34:00 GMT

Bankruptcy Court: If you are preparing to file for bankruptcy, the bankruptcy court is still accepting new cases. Petitions must be filed electronically online because the court is closed to visitors. All bankruptcy court dates (including 341 Meeting of Creditors) are being conducted via telephone until at least July 10, 2020 (this date may be extended). In response to the pandemic, bankruptcy courts, for the first time in recent memory, are allowing clients to forgo traditional ink-on-paper signatures, allowing bankruptcy attorneys to file petitions without meeting clients face-to-face.

Under normal circumstances, a person filing for bankruptcy must show up to court in person with two forms of identification (picture ID and proof of your social security number). During the coronavirus outbreak, courts are accepting scanned copies to verify a bankruptcy filer’s identity prior to a telephone hearing.

Probate Court: Similarly, probate courts are still accepting new cases, but courts are open very limited hours at this time. In Whatcom County (where our office is located) the local court clerk is open only two hours per day right now: 9-11am. Someone wanting to start a new probate case can drop off the paperwork with the court clerk and they will submit it to the judge for signature, forgoing the normal procedure of appearing in person before the judge to request opening of the probate case.

The courts are rapidly adapting to changing conditions surrounding COVID-19, and Limitless Law PLLC is working hard to change along with these evolving circumstances. If you have questions about a legal matter, rest assured we are still open for business and able to help with your case. You can still call us at (360) 685-0145 to schedule your strategy session. We’re here to help.

If you are seeking legal assistance with prenuptial agreements, debt settlement, contracts, probate, trust administration, estate planning, adoption, real estate transactions or business law, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or visit this page to learn more: www.limitlesslaw.com/book-a-strategy-session

COVID-19 Fallout for Washington State Landlords (Updated April 17, 2020)

Fri, 17 Apr 2020 19:13:00 GMT

With Washington State’s ‘stay home, stay safe’ order in place through May 2020, the future for landlords and their tenants is somewhat uncertain.

The Federal CARES Act, passed by Congress in late March, included a 120-day suspension on residential evictions. The CARES Act also allowed landlords with federal mortgages to request forbearance of their payments.

In Washington State, Governor Inslee extended his moratorium on evictions through June 4, 2020. Proclamation 20-10 stalls all residential evictions, state-wide, for at least the next seven weeks.

Beyond evictions

Washington landlords are also banned from charging tenants late fees for rent during this moratorium. Tenants who fall behind on their rent during the pandemic must be offered a reasonable re-payment plan to catch up on unpaid rent.

The Governor’s proclamation also stops both commercial and residential landlords from raising rent on any tenant affected by COVID-19 during this time. Certain evictions may still be allowed if tenants are causing a significant and immediate risk to the health and safety of others.

If you own or manage rental property in Washington State and you have questions about the rapidly changing laws surrounding landlord and tenant rights during the coronavirus pandemic, Limitless Law PLLC has years of experience with real estate law, and we’re here to help.

Call 360-685-0145 or visit this page to learn more: www.limitlesslaw.com/book-a-strategy-session

COVID-19 Resources for Businesses

Fri, 10 Apr 2020 22:19:00 GMT

Navigating business operations during COVID-19 can be a challenge, but there are several resources to assist you.

Washington State’s response to COVID-19 can be found at https://coronavirus.wa.gov/ . It contains the latest news as well as guidance and links to other resources for handling the impact of COVID-19 on your business.

The governor’s office has a page dedicated to the coronavirus resources as well as an ongoing news section outlining the governor’s ongoing restrictions and emergency actions. You’ve probably heard that Gov. Jay Inslee has implemented a Stay Home, Stay Healthy order that physically closes all but essential businesses. Essential businesses include restaurants (take out only), medical facilities, law firms and grocery stores. The order is currently in effect through at least May 31, 2020, but it may be extended.

To assist with the financial impact from the Stay Home order, the U.S. Small Business Administration has opened eligibility for Economic Injury Disaster Loans. More information about the loan can be found here: https://www.sba.gov/funding-programs/disaster-assistance .

Employers may also want to review their legal responsibilities to your employees during this time. The Families First Coronovirus Response Act was signed into law last month and provides additional benefits to employees. Specifically, if an employee is under quarantine or is diagnosed with COVID-19, they are entitled to 80 hours of paid sick leave. Employers will be entitled to a 100% refundable tax credit for the added cost of providing this paid leave.

The details of the loan/grant programs created by these new laws are evolving, so the information contained in this post may change over time and become outdated.

Call 360-685-0145 or visit this page to learn more: www.limitlesslaw.com/book-a-strategy-session

Updating Your Estate Plan During COVID-19

Thu, 09 Apr 2020 15:29:00 GMT

The COVID-19 epidemic has disrupted many of our lives, in small and large ways, and many are rethinking their estate plan. Limitless Law can help.

As the weeks progress, we are facing a future that has undergone a major change from previous expectations. Updating your estate plan or getting started on your first one can provide some relief and sense of control during the uncertainty of this public health crises. Creating an estate plan lets you take some proactive steps to ensure you have a plan in place and that you’re prepared in the case of a future health crisis.

A basic estate plan consists of three major documents that will help with health and financial decisions in the event you are unable to speak for yourself. A Health Care Directive communicates your desires for medical treatment in the event you are unable to recover and unable to speak for yourself. A Power of Attorney ensures that you have someone who has the legal power to make medical and financial decisions for you if you are unavailable. A spouse or parent does not automatically have the legal right to make these decisions without this document. A Last Will and Testament ensures your loved ones receive the benefits of your legacy.

If you already have your estate planning documents in place, now may be a good time to review them to make sure that they still reflect your wishes and that your loved ones are aware of your plan. The COVID-19 pandemic has disrupted all our lives in one way or another. Documenting your wishes in an estate plan can provide a sense of security and allow you to know your family has a roadmap for how to carry one in the future.

At Limitless Law, we are offering video and telephone consultation options to our clients in order to prioritize client safety during COVID-19. Our office will work with you to send drafts of your estate planning documents electronically. When an in-person signing is necessary, we have a large conference room for signings so that social distancing can be maintained, and the conference room is cleaned before and after each signing. We have also conducted a few “drive by” signings, where clients stay in our parking lot or in their cars while we witness and notarize their documents.

Call 360-685-0145 or visit this page to learn more: www.limitlesslaw.com/book-a-strategy-session

Debt and Bankruptcy in the Time of Coronavirus

Fri, 03 Apr 2020 16:45:00 GMT

In the response to the coronavirus pandemic, the United States government has passed a sweeping new law to help relieve the financial burden on individuals and small businesses. Among other things, this new law changed the bankruptcy code to assist people in need with financial recovery from this crisis.

For cases filed under Chapters 7 and 13 of the Bankruptcy Code, the CARES Act modifies the definition of “current monthly income” and “disposable income” under Chapter 13 plans to specifically exclude payments made under federal law relating to the national emergency, such as stimulus checks. That means the stimulus payment you will receive from the federal government due to the emergency will not raise your income and potentially disqualify you from relief from your debts, and those funds cannot be taken away from you in the bankruptcy process.

The CARES Act also allows Chapter 13 filers with plans that were confirmed before March 27, 2020, to seek modifications to their plan due to coronavirus-related hardships. A plan also may be modified to extend the plan period up to seven years after the first payment under the original confirmed plan. The CARES Act also addresses bankruptcy for small businesses, Section 1113 of the CARES Act increases the debt limit to $7.5 million for Chapter 11(5) reorganization bankruptcies for small businesses.

If you have questions in this uncertain time about debt and options for managing it, feel free to reach out to us at 360-685-0145 to schedule your strategy session with our attorney.

If you are seeking legal assistance with contracts, probate, trust administration, estate planning, adoption, real estate transactions, business law, prenuptial agreements or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or visit this page to learn more: www.limitlesslaw.com/book-a-strategy-session

What You Should Know About Power of Attorney

Mon, 02 Mar 2020 19:27:00 GMT

Limitless Law’s Lead Attorney, Emily Rose Mowrey, recently had the opportunity to speak about Power of Attorney to Elder Service Providers, a local group of professionals working with seniors in Whatcom and Skagit counties. Emily helped clarify some common misconceptions and answer frequently asked questions about POAs. Highlights of her presentation included these Top 10 [..] The post What You Should Know About Power of Attorney appeared first on Limitless Law PLLC.

Is your worker an employee or an independent contractor?

Thu, 13 Feb 2020 19:11:00 GMT

Categorizing a worker in your business as an employee or an independent contractor is an important decision, impacting minimum wage and overtime laws, employment security, worker’s compensation, and federal taxes, potential liability for employee misconduct, and the legality of non-compete agreements.

The Washington State Department of Labor & Industries uses a multi-part test to determine whether a worker is legally an employee or a contractor.

The elements considered include:

Ultimately, it is a business owner’s responsibility to make sure they are not incorrectly paying workers as contractors who are legally employees under the Washington State test. If an employer incorrectly pays workers as contractors instead of employees, they may be subject to fines and penalties.

If you own a business and have questions about whether your workers should be contractors or employees, you are welcome to contact Limitless Law PLLC at 360-685-0145 for assistance.

Call 360-685-0145 or visit this page to learn more: www.limitlesslaw.com/book-a-strategy-session

Washington’s New Equal Pay Act

Tue, 07 Jan 2020 22:23:00 GMT

Under the equal pay act, as of July 28, 2019, Washington State employers are prohibited from asking potential employees about their wage or salary history during the job application process. This applies to all employers, regardless of the size of their business.

The new law also requires employers with 15 or more employees to provide payscale information when making an offer to a potential new employee, and to all current employees transferring to a different position, upon request. If no wage scale or salary range exist for a particular position, an employer must provide the minimum wage or salary expectation set by the employer before posting the position, making a position transfer, or making the promotion.

Additionally, Washington State employers cannot prohibit employees from discussing their wages or the compensation of other employees. As a result, existing wage non-disclosure agreements or clauses in employment agreements are now void.

Changes in Washington State employment law may require changes to a business legal documents, including employee handbooks, employment contracts, and confidentiality agreements. Limitless Law PLLC is here to help if you have any legal questions about the Washington state equal pay act or would like an attorney to review your legal documents. Give us a call at 360-685-0145 to see how we can help.

Call 360-685-0145 or visit this page to learn more: www.limitlesslaw.com/book-a-strategy-session

What Can My Revocable Living Trust Own?

Wed, 04 Dec 2019 22:40:00 GMT

So, what kinds of assets can a trust own?

One might assume that a living trust should own all of a person’s assets, but that might not be true. Some examples of assets that should not be owned by your Washington State Revocable Living Trust include:

Washington State Revocable Living Trusts can hold title to:

If you need advice on properly setting up your living trust to avoid probate, call Limitless Law PLLC at 360-685-0145 or visit this page to learn more about working with us: www.limitlesslaw.com/book-a-strategy-session

Call 360-685-0145 or visit this page to learn more: www.limitlesslaw.com/book-a-strategy-session

To ADU or Not to ADU?

Wed, 06 Nov 2019 17:48:00 GMT

An ADU is an extra unit located on the same property as a single-family home. Examples of ADUs include: mother-in-law suites, backyard cottages, garden suites, granny flats and garage apartments. ADUs are often used by homeowners as a source of extra rental income.

The zone in which you live dictates whether you can have an ADU and what kind of ADU is allowed on your property. Your local permit office should be able to tell you how your property is zoned. Unfortunately, you cannot determine your zoning based on how you see your neighbors using their property.

In several of Whatcom County’s residential zones, ADUs are only allowed with the approval of the county after the property owner has submitted an application. Bellingham’s single-family residential zone limits ADUs to 800 square feet, and 40% or 50% of the size of the main residence depending on the circumstances. In Lynden and Bellingham single family residential zones, ADUs must be attached to the main home, no detached ADUs are allowed.

In Whatcom County, the owner of the property must live in either the primary residence or the ADU. Bellingham and Ferndale require owners to submit an affidavit every other year confirming that one of units on the property is owner-occupied.

If you are living in a home owners’ association, you may face additional restrictions on your ability to build or rent an ADU on your property. Your permit office might not be able to tell you if you are subject to association restrictions; you will need to fully review and understand your CC&Rs before determining if your HOA allows them (or have an attorney do that for you).

This is only a brief overview of some of the kinds of ADU regulations you might see in Whatcom County. If you have additional questions or concerns the permit office is unable to address, you are welcome to call Limitless Law PLLC at 360-685-0145 to schedule your consultation.

Call 360-685-0145 or visit this page to learn more: www.limitlesslaw.com/book-a-strategy-session

We Won GOLD! Best Attorney in the Northwest 2019

Tue, 01 Oct 2019 17:01:00 GMT

THANK YOU! to our clients and friends for voting us Best Attorney in the Northwest again for 2019! I’m proud to say we have placed in Best of the Northwest each year that there has been a voting category for Attorneys. We appreciate your support.

Call 360-685-0145 or visit this page to learn more: www.limitlesslaw.com/book-a-strategy-session

Washington State Just (Practically) Banned Non-Compete Agreements – Now What?

Fri, 13 Sep 2019 18:35:00 GMT

A new law, which went into effect on January 1, 2020, is making non-compete agreements in employment contracts a much more limited option for Washington State employers. The new law makes non-competes unenforceable for employees with earnings under a certain level, and it only allows for enforcement of non-competes if they are 18-months or shorter in duration.

Even non-compete agreements that were signed prior to January 1, 2020, could be voided under the new law, starting in 2020. If you have used a non-compete clause or contract with your employees or independent contractors, you may wish to consult an attorney to evaluate whether your agreement will be valid after the new law takes effect.

There are some other options for employers who might be concerned about employees directly competing with their business. The updated Washington State non-compete law expressly allows employers to limit non-solicitation of current clients or customers by company employees or contractors. The new law also provides protection for company trade secrets.

A non-compete is now enforceable only with 1) employees who earn more than $100,000 per year; or 2) independent contractor who are paid $250,000 or more per year by your company. These thresholds will be adjusted annually to account for inflation.

The new law also contains moonlighting provision forbidding employers from restricting outside employment activities for employees making less than twice the state’s minimum hourly wage (which will be $13.50 per hour, as of January 1, 2020).

Non-compete agreements entered into by purchasers or sellers of a business are NOT included the new law. So if you are buying a Washington business, you will be able to enforce a non-compete clause against the seller/former owner of the business you are purchasing.

Limitless Law PLLC is here to help if you have any legal questions about your business. Give us a call at 360-685-0145!

You can read more about Washington State’s new non-compete law at the following links:

GeekWire: “Washington state legislators pass law restricting non-compete agreements”

Call 360-685-0145 or visit this page to learn more: www.limitlesslaw.com/book-a-strategy-session

Landlord-Tenant Law Changes in Washington (2019 Update)

Mon, 12 Aug 2019 18:18:00 GMT

Being a landlord is hard enough without trying to keep track of the many changes in the landlord-tenant laws. If you have questions about your rights as a landlord, or need help with an eviction or a lease, please call Limitless Law PLLC at (360) 685-0145 to schedule your consultation.

Call 360-685-0145 or visit this page to learn more: www.limitlesslaw.com/book-a-strategy-session

Employers’ 2019 Update: The New Family Leave Act

Sat, 13 Jul 2019 18:08:00 GMT

If you are an employer, you may be confused by what the new Washington State “Family Leave Act” means for your business. The Washington Paid Family & Medical Leave Act was signed into law on July 5, 2018 and went into effect on January 1, 2019. Employees cannot apply to receive benefits under the new law until January 1, 2020.

Virtually all Washington State employers must collect and send premiums to the Employment Security Department every quarter. Starting in 2020, employees will apply for Family Leave benefits directly to Employment Security, which will determine whether or not employees are eligible. By contrast, with Washington Paid Sick Leave, employees request paid sick leave directly from their employer.

Employers may choose to offer extra paid-leave benefits to employees for family or medical leave in addition to PFMLA (including vacation, sick or other paid time off).

I’m an Employer, What Should I Do Now?

If you have any concerns or questions about the legal implications of the new employee benefit laws for your business, please call Limitless Law at (360) 685-0145. We’re here to help!

Learn more about the new Washington Family and Medical Leave Act:

PayChex

Washington Employment Security Department

If you are seeking legal assistance with business law questions, estate planning, probate, real estate transactions, adoption, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

Three Key Questions to Ask Your Attorney About Medicaid

Thu, 27 Jun 2019 17:25:00 GMT

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Funeral Rites (and Rights) – Do You Know Yours?

Thu, 09 May 2019 20:46:00 GMT

The death of a loved one is a difficult time that often requires those who are burdened by grief to make some big decisions. Making sure you have a solid estate plan in place means being able to provide your loved ones with some direction and comfort at that challenging moment. While it’s not easy to think about what your funeral will look like, it can be an important part of your estate plan.

You have the right to make certain decisions in advance regarding your final arrangements, including whether you’d like to donate your organs, contribute your body to the advancement of medical science, or be buried or cremated.

Without written direction from you on your preferences for burial vs. cremation or some other alternative, your family may be left to guess what you would have liked – or worse yet, to fight over what you would have wanted.

Including written instructions, or at least having a frank conversation with your loved ones, as to your desires for the disposition of your remains when you pass allows for there to be less confusion and division between your loved ones while they try and work through the grieving process. If you are considering drafting a Will or Health Care Directive, consider also including instructions for your loved ones about your desires for your final resting place.

Call 360-685-0145 or click here to learn more.

Happy Fifth Anniversary to Limitless Law PLLC!

Mon, 01 Apr 2019 19:37:00 GMT

We’re celebrating FIVE years in business this month! Limitless thanks to all of our clients, friends and community supporters. We have loved every minute of helping you to answer your legal questions and solve your legal problems before they start. We are looking forward to many more years of helping our clients and our community. Cheers!

Call 360-685-0145 or click here to learn more.

‘Til Debt Do Us Part

Tue, 12 Mar 2019 20:00:00 GMT

If you or your spouse files bankruptcy after filing for divorce but before the divorce is finalized, he or she becomes a debtor under the Bankruptcy Code and an automatic stay is created to make sure no property is transferred or debts are collected. The automatic stay will cause a temporary standstill in the divorce proceedings as to division of property and debts.

If your divorce is finalized before your bankruptcy proceeding is opened the debtor filing can often benefit by knowing a set income and debt level. By divorcing first, you can include support considerations, such as the amount you will owe or receive per month, then it will help to know that amount before the bankruptcy. Specifically if you are filing for a Chapter 13, the support can affect how your bankruptcy will proceed as it involves creating a bankruptcy repayment plan based on income. If you file the divorce first and agree to be responsible for any jointly held credit cards, your bankruptcy would not eliminate your responsibility to pay on that jointly held account. Your spouse could still force you to pay even after you complete the bankruptcy because of the divorce decree.

If the divorce is finalized and then your ex-spouse files for bankruptcy, you could receive limited protection from the terms of your divorce decree. For example if your ex-spouse was ordered in the divorce to pay a joint credit card and they file for bankruptcy, then the creditor can come after you to collect it because it was a joint credit card. However if you pay the debt, you have a right to be reimbursed by your ex-spouse because they violated the divorce decree by not paying the joint debt. Bankruptcy discharges their obligation to pay the creditor not their obligations to you under the terms of your divorce decree.

If your bankruptcy is finalized before you file for divorce there may be some complications based on how you filed your bankruptcy. If both you and your spouse filed jointly, all your joint debts should be discharged and you can both not concern yourself with those debts, or with including them in your divorce sharing of the debts and assets. If only one spouse files bankruptcy before the divorce, the filing spouse is no longer liable on their portion of the joint liability of the debt and cannot be forced to agree to pay it in a property settlement. If the couple divorces after one spouse has filed bankruptcy, the non-filing spouse will become re-liable for all the debts that had both of their names because even after you separate, you are still responsible for your spouse’s debts on accounts that have your name.

If you are considering filing jointly for bankruptcy before you divorce you should consider a few things. First, if you only qualify for a Chapter 13 bankruptcy, you might consider divorce first because of how long the bankruptcy will take. This type of bankruptcy lasts three to five years and can delay your divorce or separation longer than necessary. Second, you are relying on your spouse to cooperate and produce documents as well as make appearances so you will need to be in a amicable relationship if you are interested in filing a bankruptcy together.

If you are seeking legal assistance with bankruptcy, debt settlement, adoption, estate planning, probate, real estate transactions, or business law, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

So You're Hiring an Attorney for the First Time?

Thu, 14 Feb 2019 20:03:00 GMT

When you are first contacting attorneys for help in any matter you might be unsure of how to go about it. Do you call and make an appointment? Do you just walk in? Can you just talk to them on the phone right now?

Most attorneys will not be able to see you right away if you just walk into their office and ask to see them. Attorneys’ offices are more like doctor’s offices both in the need to make an appointment beforehand, sensitivity of information, and the fact that not all attorneys treat all kinds of legal ailments. This is for two reasons. First, attorneys are very busy, usually juggling multiple clients, cases, and appointments every day and may already be booked for the day. At our office, we usually need to book a new client appointment at least a week in advance to ensure that we can commit sufficient time to a new client’s project.

All attorneys are required by the rules of professional ethics to do a conflict check to make sure they can actually represent you. In very basic terms an attorney cannot represent anyone who has an opposing interest to one of their current, or former clients. Any reputable attorney needs to know, before they schedule a meeting with you, your full name and a brief understanding of your circumstances. This means they need to know who you are and if you have an opposing party, who the opposing party is as well.

If you are trying to hire an attorney, you might find the first attorney you contact is not the right kind of attorney. For instance not all family law attorneys do adoption work, not all probate attorneys handle litigation or contested estates. If you happen to call an attorney attorney who does not practice in the area of law with which you need help, they may refer you to someone else better suited to help with your situation.

Call 360-685-0145 or click here to learn more.

Who Needs a Trust? Do I Need a Trust? What IS a Trust?

Fri, 04 Jan 2019 12:08:00 GMT

Do you have any children or grandchildren under age 18 who you want to give something to in your Will?

If so, you need to select someone to handle the gift before the child reaches majority. Please have an idea of someone you would like to be responsible for the child’s finances. If the child is your biological child, you may also want to prepare an idea of who you would like to be a guardian of your child in the event that you and the child’s other parent are unable to care for the child. You can also elect to set up a trust in your estate plan so that your final gift is only given at a certain age that you can specify.

Do you have anyone whom you wish to give part of your estate who is disabled?

In the case of a disabled beneficiary your estate may need to include a Special Needs Trust. A Special Needs Trust is a specialized testamentary trust that protects a disabled beneficiaries’ state or federal disability benefits by preventing any inheritance from disqualifying them from receiving their benefits. This is because without the trust any inheritance would be counted as income and disqualify them.

Do you have more than $2 million in assets?

A trust may also be something your attorney recommends if you have over $2 million in assets. You will need to inform your attorney about any real estate, bank accounts, stocks, bonds, investments, vehicles, business ownership, valuable collections, artwork or jewelry, and life insurance you currently own. You will also need to inform your attorney if you are a beneficiary of any trust or you anticipate any inheritances as these are possible assets your estate plan needs to address.

If you are seeking legal assistance with estate planning, adoption, prenuptial agreements, probate, real estate transactions, business law, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

What is Community Property? Do I Need a Pre-Nup?

Fri, 28 Dec 2018 19:56:00 GMT

What Community Property Means to Married Folks

Washington community property law also has some other surprising implications and consequences for married people. A spouse cannot cut their partner out of their will entirely without written consent from their spouse. In fact, you cannot give more than half of your community property to someone other than your spouse in your will. Also, a married person can’t sell any community real property without the other spouse’s consent.

If I’m Married, is ALL of my Stuff Community Property?

Not necessarily. Even if you are married, not all of your property is automatically considered community. Property and debt one spouse owns before marriage is separate as long as the spouse who owns that property or debt maintains it as separate and does not mix it with the other spouse’s property. Separate property can become community property if it is added into a joint account, if the other spouse’s name is added to the title, or if you spend the separate funds to fix up property owned by both spouses. Even after you are married, most inheritances and gifts can be kept as your separate property if you do not mix it with community assets.

But What if I want it all to be Community Property?

If you would like to simplify the process of making marital property community property, and make some specific property that would otherwise be separate, you might want to consider making a Community Property Agreement as part of your estate planning. This agreement can be signed at any time during a marriage and states that the couple’s belongings shall all be community property. You might consider this if you share a house or business together that one of you bought or started before you were married but now both of you share equally. A Community Property Agreement is always automatically nullified when a divorce is filed.

What if I Don’t Want Community Property at all?

If you are planning on getting married in Washington State and you do not want your property to be considered community after marriage, you could sign a prenuptial agreement with your future spouse before getting married. A prenup can also help clarify what will happen if you ever divorce, such as terms of spousal support or alimony. A pre-nup requires complete disclosure of all income, assets and debts from both future spouses, and each spouse must be represented by a separate attorney in writing up the agreement. It is important to make sure you begin the pre-nup process well in advance of your planned wedding date because it can take some time to finalize the agreement. The best plan is to start looking for qualified pre-nup attorneys as soon as possible.

If you are seeking legal assistance with prenuptial agreements, estate planning, probate, adoption, real estate transactions, business law, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 to learn more!

What is Probate, Anyway?

Tue, 27 Nov 2018 19:02:00 GMT

Probate is the legal process for handling the affairs of a person after they pass away. While this is understandably an emotionally difficult process for the loved ones of someone who has passed, thankfully the probate process in Washington State is a fairly simple one. Probate involves opening an estate to gather and divide your loved ones assets. It is how inheritances are passed down and the debts of the deceased are paid.

What if your loved one did not have a will? Although having a will helps streamline the process of settling an estate, there is a procedure called Estate Administration under which you can settle final affairs without a will. An Estate Administrator can be anyone who has an interest in the estate, whereas an Executor is specifically named in the deceased person’s will.

Estate Administration and Probate follow similar paths:

Each of these steps requires filing different notices and legal paperwork, both with the court and with parties who have an interest in the estate. If you find yourself with questions about the probate process, don’t hesitate to contact Limitless Law PLLC at (360) 685-0145 for help.

If you are seeking legal assistance with probate, estate planning, adoption, real estate transactions, business law, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 to learn more!

What are "Letters Testamentary" and Why Do I Need Them to Settle a Washington State Estate?

Wed, 10 Oct 2018 19:20:00 GMT

When you begin the probate process to handle a loved one’s affairs after they pass away, you might hear the term “letters testamentary.” Letters Testamentary or Letters of Administration is a document issued by the probate court to validate and confirm the personal representative or estate administrator as the person who is legally authorized to take responsibility and control of the deceased person’s assets.

Why do I need Letters Testamentary?

Letters Testamentary are important because they prove to banks and other parties that you are the legal representative of the deceased person’s estate. Generally, Letters Testamentary along with a death certificate are the two documents an executor will need to complete real estate transactions involving a deceased person’s property, as well as to complete financial transactions and transfer title to other assets that might be involved in an estate, such as vehicles, bank accounts or safety deposit boxes.

The only way to get Letters Testamentary or Letters of Administration is by correctly filing for probate or estate administration with the court, by submitting a Petition and Oath of Executor, stating that you understand the duties and responsibilities of an executor and agree not to abuse those powers.

Call 360-685-0145 to learn more!

We Were Voted Best Attorney in the Northwest AGAIN!

Mon, 01 Oct 2018 18:51:00 GMT

Thank you to our wonderful clients who voted us Best Attorney in the Northwest for a second year in a row! We are honored to be selected for this award for the second time.

Call 360-685-0145 to learn more!

What is a Codicil?

Wed, 12 Sep 2018 10:21:00 GMT

A large part of the care and feeding of your estate plan is making sure that your will still reflects your desires for when you pass. If something changes that causes you to need to amend your will, you have two options. Your first option is you can make a completely new will. This would allow you to address multiple changes and have an opportunity to check in with a legal professional about options for your estate plan.

A will can be revoked by either a subsequent will or by destruction. If you make a later will that will completely replaces the previous will, even if you destroy the later will the first will does not come back into effect.

Your second option is executing a codicil. A codicil is a legal document that acts as an attachment to the original will that modifies the will section referenced in the written and executed document. A Codicil must adhere to the same signing requirements as your will. Revocation of a will in its entirety revokes all codicils unless the revocation of a codicil would be contrary to the testator’s intent.

If you revoke a codicil, the prior part of the will that was edited by the codicil will come back into effect. When revoking a document, you must specify that you are not reviving a previous version of that document. Make sure to maintain only the legal documents that are up to date, but if you execute a codicil make sure you keep it along with the original will it is amending as you will need both originals.

Call 360-685-0145 to learn more!

How to Open a Washington State Probate

Tue, 14 Aug 2018 18:37:00 GMT

To start the probate process, an executor needs to file several different documents. These documents include: a Death Certificate, an Original Will (if there is one), Oath of Executor, Petition for Probate, and a Proposed Order to Open Probate. Some of these documents might be slightly different if your loved one did not have a will. In some cases, an executor may also be required to obtain a bond, which is a type of insurance policy.

If your loved one left a will, the will should identify who they wished to be responsible for their estate. If the person identified in the will cannot, or does not want to, act as Executor, or your loved one did not leave a will, several different people have the right open the Probate and become in charge of the estate. The people who have the highest priority in becoming Estate Administrator are: the surviving spouse, children, parents or decedent, siblings, then grandparents. Even someone that the deceased person owed money to can open probate of their estate if no family members step up to begin that process.

If your loved one had a Will, finding the original of the Will is important. The court will not normally accept a copy of the Will to start the probate process. In the event you cannot locate the original Will, you might consider consulting a qualified probate attorney to help you explore your options for finding the original, or asking the court to accept a copy instead.

The procedure for presenting your petition involves going before a court commissioner, this is usually in an open civil or pro se case in the court calendar, and presenting him with all of the required documents. If the commissioner determines everything is in order they will then sign your order to open probate and grants your petition.

You can then file your case with the court clerk and pay your filing fee to open the probate. Waiting to file until after your order has been signed allows you to avoid having to file additional petitions if the commissioner finds something wrong, and filing with a signed order allows you to immediately receive your Letters of Testamentary or Letters of Administration. After you pay our filing fee your case will be assigned a judge, the Judge is then responsible for hearing any controversy that requires a court order during the Probate, and is the one who will be overseeing your Administration of the Estate.

Probate can be overwhelming. If you have questions about the process of opening a probate or need help getting started, Limitless Law is here to help. Give us a call at (360) 685-0145 to find out more about probate and how an attorney can help make the process easier.

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5 Great Ways to Make the Most of a Strategy Session with an Attorney

Wed, 11 Jul 2018 11:25:00 GMT

The first meeting with your new attorney offers you the opportunity to discover a lot of important information about not only your legal issue but also the legal system in general and the particular attorney you are speaking with. Below are five great ways to make the best use of a strategy session with a lawyer.

1. Finding out if an attorney is a good fit for you and your case.
When you decide to work with an attorney you are deciding to trust someone not only to handle your legal matter but also trusting them to advise you on how to move forward. In the best cases a client and an attorney should both feel comfortable with discussing these matters with each other and be comfortable with the same level of communication and professional. For example if you are not an email person and prefer to meet face to face you do not want to work with an attorney who only has a virtual office.

Additionally even though you might think that the attorney you have reached out to is a good fit for you they might not be for your case. Not all family law attorneys will go to court for your divorce, in a civil settlement you might not even need an attorney if your potential claim is of a low enough dollar value. Your initial fifteen-minute call is a good to find out if this is a case the attorney can work with you on.

2. Getting a referral to the right lawyer.
As mentioned above, sometimes the attorney you call first is not the right fit for you. Maybe they think you should see a specialized niche attorney or they just aren’t taking on your type of case right now. A brief call to the law office can help to narrow down what kind of legal help you need and if that particular office cannot provide the specialized knowledge that you need, they are likely to know an attorney who can and may be able to direct you to another attorney (better than Google). Do not be afraid to ask the law office you speak with for a referral if they say they cannot help you.

3. To find out the next steps.
Your initial strategy session with an attorney is an excellent time to get some advice about what the next steps to address your legal issue should be. The attorney you speak to might be able to tell you that you should meet in person and actually retain an attorney, that what you think is a legal matter would really be addressed more quickly by an accountant or that you need more information before an attorney could give you advise about your case.

4. To ask what kind of documentation you need to meet with a lawyer on your project.
Many attorneys will charge you for a full hour when you schedule your initial strategy session. Without properly being prepared you could face the fee of an hour’s time when in reality the attorney had to spend fifteen minutes telling you what documentation they would need because you do not have proof for your case, or information they would need to move forward. Our office regularly sends potential clients a checklist of documentation that they should prepare for a full strategy session but we only know what checklist to send them after that initial phone call to our office. A brief initial call with our office is the perfect time to ask how best to prepare to make the most of a full attorney strategy session.

5. To find out your options.
As we have discussed above legal cases and attorneys are not a one size fits all situation. A phone call to a law office allows you to set your legal issue before an educated professional, who whether you decide to work with or not, has the education and experience to help you navigate the legal field and find out what options you have to address whatever particular issue you are facing. Whether that is to start collecting documentation to meet with an attorney, to move forward on a particular legal avenue, to meet with another professional such as an accountant or an attorney who deals with a specialized field, your initial fifteen minute phone call gives you a limited opportunity to have a professional help you go through your options.

Call 360-685-0145 to learn more!

You have a will, now what?

Tue, 12 Jun 2018 18:04:00 GMT

Congratulations, you have an estate plan! Hopefully, you feel a sense of calm and confidence that only comes with knowing that you have something in place to help your family manage your affairs in case something happens to you. Wills, Powers of Attorney, and Advance Directives (also known as Living Wills or Health Care Directives) all exist so that you can be assured that your wishes are honored when you cannot speak, and also to act as guiding hand to help your family during the difficult time following the loss of a loved one.

If prepared and executed correctly, estate planning documents should be flexible enough to adjust to your changing life over the years. However, legal documents sometimes require maintenance so they are able to properly protect you.

When you first received your estate plan, you were probably advised to give copies to your power of attorney or executor. In Washington State, the original of your will must be presented to the court upon your death and a copy normally will not work, except in special circumstances. Because of this, you must be sure to keep the original in a safe place, such as a fireproof box.

Your local County courthouse may allow you to deposit your original will in their vault for a small fee. Once placed in the court vault, your will can normally only be withdrawn by you or your executor. A safety deposit box at a bank which also has restricted access. If your executor wishes to open probate they will need a copy of your will, however under banking regulations if you are not added onto an account to access the safety deposit box you will need authority of probate to access your Will. This catch twenty two will need to be considered before you decide where to secure the original version of your Will.

Take extra care to make sure that your bank and other financial institutions know your desires as far as who will inherit your accounts as well. Certain assets, including life insurance, retirement accounts, investment and bank accounts, have named beneficiaries will receive the funds in these accounts after your death without the need for probate. This also means that you need to make sure that the beneficiaries on your bank and investment accounts match your wishes for who gets these accounts when you pass away. If you named someone on an old account, say a retirement account from when you first started your career, they will receive those funds, even if they are not mentioned in your will, and even if you intended those funds to go to someone else. There have even been cases where ex-partners have received funds unintentionally because the person who passed away never changed the beneficiary information with the bank or insurance company. Part of the care you will need to take in order to make sure your estate plan doesn’t have its growth stunted is to make these changes at the same time you make your estate plan, so it clearly indicates where the funds are intended to go.

Estate planning is an ongoing process, but it can be confusing. If you have questions about your estate plan or need help with updates, we invite you to call Limitless Law PLLC at 360-685-0145.

Choosing Your Personal Representative

Fri, 18 May 2018 20:29:00 GMT

A Personal Representative can be any individual who is sane, above the age of 18, and who is not a felon and has never been convicted of any crime “involving moral turpitude”. Crimes involving moral turpitude are crimes such as fraud and perjury, crimes that inherently involve lying and dishonesty. A Personal Representative can also sometimes be a nonprofit corporation or a professional service corporation that is made up exclusively of attorneys.

That is who can be your personal representative, but who should?
Commonly most married couples will choose their spouse as their personal representative. This is because this is someone with whom you would have spoken with about your plans for burial, who has a wealth of knowledge about your family and property, and who you would trust to be responsible with all that you own and who would honor the duty you are giving them.

You may have a first choice in mind, however, we encourage you to nominate an alternative should either both spouses die at the same time, such as in a common accident, or is unable to carry out the duties of the personal representative due to grief or some other incapacity. There is also the possibility that an individual who has not been taking proper care and upkeep of their estate plan to have named someone as their personal representative who has died.

A Personal Representative primarily deals with two things upon your death. Collecting the assets of your estate, and distributing them. The probate process for administering the estate, for which your personal representative is responsible requires your personal representative to be responsible, requires tracking and administering your assets including bank accounts as well as any stocks, litigation claims, government benefits. While your personal representative does not need to be an accountant, as they may use estate funds to hire professionals, you should consider how organized your future personal representative will be. You should also make sure that your personal representative is aware or will have access to documentation of your accounts and assets. You may also want to include information about online accounts, such as social networking and email accounts, with directions for your personal representative to close down or keep up after your death.

Call 360-685-0145 to learn more!

Is Receivership an Option to Avoid Filing for Bankruptcy? Let’s Talk About It.

Wed, 11 Apr 2018 17:48:00 GMT

Perhaps you’re a business-owner, or an individual, who is struggling with debt and unmanagable financial obligations, but you don’t want to file for bankruptcy or go out of business. Unlike bankruptcy, receivership is a Washington State legal procedure in which your debts and assets are placed under the control of a receiver with guidance by a Washington State court. During your receivership case, the Receiver is responsible for managing your assets and repayment of debts. The end goal of a receivership is to liquidate or manage assets in order to pay down or re-organize debts and avoid filing for bankruptcy.

There are two types of receiver. A General receiver has authority to control all of the assets of the debtor and has the authority to liquidate the assets, and in the case of a business wind up the affairs of the business. A Custodial Receiver has control of only a limited or specific property of the debtor and does not have the authority to liquidate the property. The court ultimately decides which type of receiver is chosen for your case.

It is important to understand that once a receiver is appointed by the court, the receiver and the court now control the assets of the debtor, rather than the debtor maintaining control, until the receivership case is closed.

If you discover that a person or business that owes you money that is going into receivership there are a few things to consider:

Once all claims have been submitted to the receiver, the receiver’s job is to review all the assets and debts of the debtor. During this time, the receiver will be filing reports with the court periodically, including:

Anyone who is owed money by a business or person in receivership can review this report to understand the likelihood that you will be repaid from the assets of the receivership. The Order in which payments from assets of the receivership is:

If you are seeking legal assistance with debt management solutions like receivership and debt settlement, or adoption, estate planning, probate, real estate transactions, and business law questions, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 to learn more!

Your Digital Footprint and Your Estate Plan

Tue, 20 Mar 2018 20:31:00 GMT

In the age of computers, email, social media, and online banking not many of us are only keeping paper statements and records of passwords. Intellectual property rights to things like websites, online assets like bitcoin, and even are social media are part of your ‘Digital Assets’. If done correctly, your estate plan can help your Personal Representative handle these assets after your death.

If you use tax preparation or business software like QuickBooks, your records aren’t going to be in a filing cabinet, they’re going to be on your computer. Your computer and accounts including Facebook, email, blogs, photo collections, and DropBox all commonly have password protection. Without access to these passwords your Personal Representative may be unable to access your accounts after your death. Making arrangements in advance so that your loved ones have access to these digital stores is important because most of the probate laws haven’t quite caught up with the digital age, so if you don’t provide the access now the information could be lost forever after your death. Unlike bank accounts, most online email and social media accounts do not just automatically allow a listed beneficiary access without a password.

Estate planning for digital accounts involves making a list of what accounts you have, providing passwords, and providing some direction for what you would like to happen to those accounts. The list can be a hard copy paper list, or if you have a large number of varied passwords you may want to look into a computerized ‘password vault’ which is an electronic list of all your passwords that you in turn need only one password to unlock and view all the passwords. As for directions on what happens to these accounts, most directions will probably be fairly straight forward, such as close the account or turn it over to someone else to utilize, however social media can act as online wake for people to share memories of the deceased and to reach out to the loved one and you can direct that such accounts be left going online for as long as you feel is appropriate.

Call 360-685-0145 to learn more!

Buying or Selling a Business? Here’s What You Should Know About Mergers and Buy-Outs

Thu, 08 Feb 2018 17:45:00 GMT

If you own a business and are considering buying out a competitor or merging with another business, there are a few things you might want to consider. For example, what do you really want to buy here, what is valuable to you about this other business? Is it the machines and equipment? The brand? Or are you really after the customers and their accounts?

On the other hand, are there things about this business you DON’T want? What about any potential lawsuits or debts, including ones you might not know about? Working with a qualified business attorney can help address any of these concerns and help clarify issues that might come up when drafting a contract to buy or sell a business.

What’s a Merger?

A merger combines two separate businesses into a one business. The terms of your merger contract will dictate which steps you must take to transfer ownership, and what that ownership will look like when the merger is successfully completed. Mergers can be beneficial because the new business owns all assets of both businesses, but a merger also involves taking on all the liabilities and debts of the old business as well, which is not always ideal.

What About a Business Asset Purchase?

Purchasing only a business’ assets, instead of the whole business or the stock of a business, means that the buyer simply gets the business property, including intellectual property, such as a name, brand, or good will, without having to take control over a whole new legal entity or the old business liabilities and debts.

Buying or selling a business is a major undertaking, and you deserve sound legal counsel to help you decide how best to accomplish your goals. We welcome you to call Limitless Law at (360) 685-0145 to schedule your consultation. Call today to learn more about smoothly transitioning your business to a new owner.

Call 360-685-0145 to learn more!

I forgot to list an asset in my bankruptcy - now what?!

Sat, 27 Jan 2018 10:34:00 GMT

Filing for bankruptcy can often be stressful and requires you to keep track of a large amount of paperwork. Part of an attorney’s job is to help keep your information organized and update you on what the court needs to see so your bankruptcy goes as smoothly as possible. In our office, we start this process by requesting credit reports as they often have a full or almost full listing of your debts. However preparing a list of your assets for bankruptcy is something that your attorney will be relying solely on you for.

Part of the bankruptcy process is listing all of your assets. All of your property (i.e., your car and home) is used to create an “estate.” Your estate has specific items that can or cannot be taken from you to satisfy your obligations to creditors, these are considered “exempt assets”.

It is very important to make sure you list all assets, including “exempt assets”, you have when you file for bankruptcy. This includes any partial interests you have, like a joint bank accounts or timeshares, and even assets that are out of the country. Assets in other countries are not exempt from a US bankruptcy. The deliberate omission of assets from your bankruptcy petition constitutes perjury. In plain terms, perjury means lying to or deceiving the court, and it’s a federal crime.

Leaving off an asset is not just a mistake, it is an expensive and time consuming one. If you simply forgot to list an asset for one reason or another, the court may give you an opportunity to correct the omission by filing an amendment to the debtor’s bankruptcy schedules. There is a fee for filing amendments to your schedules and the court can deny a motion to amend your schedule if it finds the information insufficient or incomplete. The court could also issue an order requiring more information, and set a hearing to review why the asset was missing from your original filing.

If an asset was not listed and you receive a discharge, but later realizes you were supposed to list an asset, the bankruptcy trustee may reopen your bankruptcy case. The Bankruptcy trustee will investigate the value of the non-disclosed assets and whether you were attempting to intentionally defraud creditors by not listing an asset. If the Trustee determines you intentionally did not list an asset you may be subject to penalties that may include a revocation of your bankruptcy discharge, a fine of up to $500,000 or even imprisonment for up to 5 years in extreme cases.

If you are seeking legal assistance with debt settlement, adoption, estate planning, probate, real estate transactions, prenuptial agreements, or business law, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 to learn more!

Communes and Strippers and Cannabis – Oh my!

Thu, 14 Dec 2017 04:43:00 GMT

Limitless Law is here to help, both with your standard and not-so-standard legal questions

OK, so it’s true that people hesitate to call an attorney for a number of reasons: They don’t know exactly what kind of attorney to call; they don’t know if a lawyer can actually help with their problem; or they’re afraid they just can’t afford it.

But guess what? Limitless Law can often help, and even if we can’t, we may be able to refer you to someone who can.

There are a handful of practice areas we do not usually handle, including immigration law, criminal law, divorce, and custody, but as noted before, we can get you in touch with attorneys who can assist you.

So, I know at this point you’re asking, “But what about the strippers?” We’ll get to that in a minute.

Our clients usually retain us to help with:

Let’s look at each of these in turn:

Estate Planning – Estate planning goes beyond planning wills , and includes probate, pre-nuptial agreements, power of attorney and trusts . Probate takes place after an individual dies, and essentially is the administration of the will. Limitless Law can assist in the probate process for anyone who owns property in the state of Washington.

Real Estate – Our work goes beyond the usual buying and selling of property that a knowledgeable Realtor can help you with. Do you need to deal with easement, want to give real estate as a gift, or need to serve an eviction? These are all elements of real estate law that Limitless Law can help with.

Business Law – As businesses grow, they often find they need legal advice and protections. Whether it’s moving from a sole proprietorship to an LLC or ensuring you have contracts to protect your business dealings, Limitless Law can help make sure your business is set up for success over the long haul.

Many of our favorite business clients are “outside the box.” We have worked with exotic dancers, members of a commune and proprietors in the cannabis industry . We’ve also worked with teachers, doctors and accountants. The bottom line is that Limitless Law is here to help provide you with the answers to your legal questions – no matter how unique.

Bankruptcy & Debt Settlement – Bad things happen to good people, including financial problems brought on by the loss of a job or major medical expenses. Filing bankruptcy is one of the only fresh starts you can get in life, and it’s our honor to help you make that fresh start.

If you are seeking legal assistance with business law, estate planning, probate, adoption, real estate transactions, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 to learn more!

Social Media and Private Communications

Sun, 05 Nov 2017 20:42:00 GMT

In this modern day and age when everything is online and even businesses have social media pages it can often be difficult to discern when it is appropriate to use websites like Facebook, Twitter, Myspace, and other social media platforms to contact professionals. However, it is especially important that you reconsider the use of these platforms to contact your attorney. This is not only because it is not encouraged by most professionals but also because of specific privacy protections granted to communication between a client and an attorney.

You might have heard of this protection as Attorney-Client privilege. This privilege dictates that your attorney is bound by the rules of ethics not to disclose any of the information you share with them unless circumstances are dire or you give them express permission. The flip side of this is that in order for the communication to be considered privileged it must only be between you and your attorney. So conversations in a crowded coffee shop, telephone conversations that someone overhears, and meetings with multiple people will not be granted this privacy protection.

When it comes to online communications the line becomes a bit more blurred about what a ‘private’ communication is. Courts have upheld email as a private communication between attorney and client because attorney’s take specific steps to protect the information contained in them. You might also see a disclaimer at the bottom of an email you receive from an attorney that references the private nature of the communication. Social media websites are less secure than private email and have been subject to publicized lapses in privacy protections. Communications over Facebook Messenger, and other social media platforms might not be considered private and may not even be secure from third party interference.

Call 360-685-0145 to learn more!

We Won! Limitless Law PLLC Honored in Best of the Northwest Readers’ Choice Awards 2017

Tue, 10 Oct 2017 22:33:00 GMT

We won Silver in the Best of the Northwest 2017!

We are proud to have been named “Silver” winner in the Best Attorney category as part of the Best of the Northwest readers’ choice awards.

More than 522,000 total votes were received from readers of Bellingham Alive magazine, which sponsors the awards. This is the first year that Best Attorney has been a category.

“I am grateful to all those who chose Limitless Law as the Best of the Northwest,” said Emily Rose, principal attorney at the firm. “We're honored to be the silver award winner this year, but next year we’re going for gold!”

Call 360-685-0145 to learn more!

Limits of Advanced Health Planning

Sat, 16 Sep 2017 21:11:00 GMT

As medical science catches up to caring for both mind and body in equal measures, the law is firmly set in evaluating the two parts separately. As such even if you can physically sign, if you are mentally unfit or ‘lack capacity’ you will lack standing to make legal decisions. It also means that many of our legal solutions are limited in addressing circumstances where you have mentally declined but are still physically able.

Making your Powers of Attorney ‘Durable’ will prevent many problems if you begin to experience mental health problems, including dementia. A ‘durable’ power of attorney means that the powers vested in the document endure regardless of your mental state, until your death. This means that if you become mentally incapable of making financial, health, or other decisions for yourself your power of attorney can make them for you and make arrangements on your behalf.

An advanced health care directive can help direct your medical treatment but would not place anyone in control of the finances to make sure those treatments are paid for. In a case where there is no durable power of attorney for finances or health in place and an individual becomes mentally incapacitated, a guardianship proceeding would need to be filed. Although these can be filed on an emergency basis they do take some time to make it through our court system and can result in a delay in treatment, or in cases such as Alzheimer’s or dementia where the diagnosis can be sudden or delayed based on the rate of symptoms being developed, a guardianship could be delayed if a physician feels that the individual is still capable of making their own decisions on a day to day basis. A guardianship can be over an individual, the individual’s estate (i.e. their finances), or both.

Advanced Health directives only apply when the individual does not have capacity to speak for themselves. Individuals fail to have capacity in a few circumstances, when they are unconscious, under the influence of medications or alcohol, for some other reason physically unable to communicate, or when they are mentally unable to connect with the reality of who, what, when, and where. If you have capacity and are able to speak for yourself, you are able to make your own medical decisions in the moment and your family and physicians will not need to rely on your advance directives to speak for you.

If you are terminally ill and conscious and have capacity to make medical decisions you may;
Seek a discharge to die at home.
Be able to make a written request under the death with dignity act.
Make medical decisions that are not aligned with your medical directive.
Revoke your medical directive.

If you are terminally ill and unconscious, or do not have capacity to make medical decisions your power or attorney, and Advance health directive will direct your medical care and you cannot;
Seek a discharge to die at home.
Make a written request under the death with dignity act.

Both of these circumstances require written authorization from the patient, while competent, and terminally ill.

A standard advanced health care directive is usually based off of RCW 70.122.030 which only directs your medical care in two circumstances, 1) you are terminally ill and unable to speak for yourself, or 2) you are in a permanent unconscious state. In both these circumstances a medical professional must determine that you will not be able to recover from your condition before following the instructions in your advanced medical directive. This is because at that stage the individual is going to inevitably die from their condition, and can be considered legally dead. In a conscious, if unaware, state of poor health with the inability to connect with reality but not terminally ill, and is conscious the Natural Death Act and a standard AHCD would not apply.

In 2009 Washington passed the death with dignity law that allowed individuals with terminal illness to request self-administered medication to assist in suicide. However in order for this to legally apply to a patient’s circumstance the patient must be competent and able to give themselves the medication. The Advanced Health directive also cannot provide advanced written requests for euthanasia. You can also direct that your advance directive not be enforceable under certain circumstances such as If you have been diagnosed as pregnant that would allow your physician and power of attorney to follow best medical advice as opposed to a prewritten directive.

Although there is only so much we can set out in an AHCD that is legally enforceable you there are other non-legislative form options that might assist in measuring life in quality rather than quantity. These are primarily administrative forms developed by the hospitals and become physician orders when officiated, and thus have some authority to effect patient’s medical treatment. The most common one of these is the Physician Orders for Life Sustaining Treatment form (POLST). The POLST form is ‘portable’ physician order form that describes the patients’ medical code directions, translating an individual’s wishes in regards to life sustaining treatment that are identified in other documents including a Health Care Directive or Health Care Power of Attorney. As a POLST form is a physician order rather than a legal document, in order to be valid it must be signed by your treating physician, as well as yourself or your healthcare representative. However it is possible that the physician will not want to sign a preemptive medical order with no current ongoing serious medical injury or illness as it becomes effective to all treatments specified regardless of event that causes the need for treatment. However, once such an illness or injury has taken effect either you, if able, or your legal representative can sign it and the POLST will be recognized if it is clear it is in line with your advance directive or documented wishes. You may also choose to write a letter or separate document to prove your wishes for a POLST under specific circumstances no included in your directive.

Call 360-685-0145 to learn more!

Do People Like Me Qualify for Bankruptcy?

Mon, 07 Aug 2017 05:05:00 GMT

Have you ever wondered if filing for bankruptcy might be a solution to your financial concerns?

Bankruptcy can and does happen to really good people who find themselves in a bad situation. Don’t feel guilty or alone if you think you might fall into this category. In fact, since the Great Recession the stigma around filing bankruptcy is far less than it was before the financial meltdown. Don’t let this “scary” word keep you from what may be a very doable solution.

Chapter 7 is a type of bankruptcy protection that offers individuals complete forgiveness of many types of debts, including credit cards, medical bills and collections debts. Some types of debts are not forgiven in Chapter 7, including taxes, tickets, student loans and child support.

Chapter 7 usually allows individuals to keep their car and their home, while getting out from under oppressive debt payments. We like to call Chapter 7 bankruptcy a “fresh start” for people struggling with unaffordable debts.

Is filing for bankruptcy right for you?

Talking with an experienced lawyer can help evaluate your unique circumstances to determine the right solution for you.

Who might need to explore bankruptcy as a possible option? Those who have recently dealt with a:

– Health crisis,

– Divorce,

– Job loss, or

-Disability leading to lack of income.

In determining if filing a Chapter 7 is right for you, an attorney will first need to assess what kind of debt you are carrying, such as credit cards or medical bills. Your attorney will also want to know if the debt is personal in nature or related to a business venture.

Fixing your financial house

While the concept of bankruptcy may sound scary, in actuality it is a tool the law gives us to fix financial problems, and that should be reassuring. Think of your attorney as the master carpenter who can use that tool to fix your financial house.

If you are seeking legal assistance with business law, estate planning, probate, adoption, real estate transactions, prenuptial agreements, or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 to learn more!

Divorce and Your Estate Plan

Thu, 27 Jul 2017 18:47:00 GMT

After divorce a large part of your life may change. This likely includes your estate plan. Often after divorce you may wish to change who you want to inherit from your estate. Engaging an attorney to update your estate plan so it reflects your new status or desires may be recommended.

When your marriage is dissolved all provisions in your will in favor of your former spouse or that granted them powers over your estate are automatically revoked. Provisions affected by this section must be interpreted, and property affected passes, as if your ex has predeceased you. If you remarry to the same former spouse, all provisions that were revoked are revived.

Additionally if your estate plan includes a community property agreement, a community property agreement will become automatically revoked when you file for divorce. Your community property agreement does not automatically revive if you remarry.

Your power of attorney does not automatically become revoked in the event of divorce. If you no longer feel comfortable having you former spouse having the ability to sign as your power of attorney you would need to amend your power of attorney.

If you are seeking legal assistance with estate planning, probate, business law, adoption, real estate transactions, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 to learn more!

Can Bankruptcy Help With My DUI Fines or Speeding Tickets?

Wed, 14 Jun 2017 19:31:00 GMT

Unfortunately, vehicle accidents often result in more than just a broken tail light or dented bumper. The consequences of a motor vehicle accident, or even racking up too many tickets for speeding or driving with a suspended license, can often be financially devastating. Car accident damage might be covered by insurance (if you even have insurance!) but sometimes things happen and you end up staring down a mountain of bills for medical expenses, car repairs. If you’ve ever been there, you might have wondered – can bankruptcy help me out of this mess?

You may have heard that bankruptcy can help you get a fresh start if you have old medical bills or credit card debt, but did you also know it might forgive debts from old court judgments and, in some cases, even help get your driver’s license back if it has been suspended?

If you have too many unpaid traffic citations or unpaid debts from a car accident, your driver’s license may be suspended. Of course, having a suspended driver’s license makes it difficult to get to and from work, which makes it even harder to save money to pay off the judgment and get your license back. So, what can you do?

Bankruptcy may be able help. Filing for bankruptcy may either allow you to discharge the debts entirely so that you can get your license back right away, or you may be able to get into an affordable monthly payment plan, based on your income, so that you can pay down those debts and return to driving more quickly.

If you are seeking legal assistance with debt settlement options, estate planning, probate, adoption, real estate transactions, prenuptial agreements or business law, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 to learn more!

Your First Business Strategy Session With Your Attorney

Thu, 04 May 2017 09:57:00 GMT

Like with any professional service, it is good to go into a meeting with your attorney prepared. When you are considering forming a new business such as an LLC, Corporation, or Partnership and decide that meeting with an attorney you do not need to have made the decision, which is what the attorney will help you with. While it is ideal that you are passingly familiar with what type of business you are interested in creating, not necessarily LLC or Corporation, but what kind of industry you plan to be in, how many employees you plan to have, and who the owners and investors in the company are going to be. Before you meet with an attorney you should know and be able to provide to the attorney with the following information:

i. An Idea or preferred name of the company
ii. Mailing Address of the proposed company
iii. Name and address of all initial owners of the company
iv. Purpose of business (i.e. what goods or services sold)
v. Whether or not the business will be hiring employees in the near future
vi. Your social security number or the social security number of at least one owner
vii. What are the initial investments and an idea of the division of ownership

This is the basic information our office uses to both advise our clients on what type of business is most practical for them and to draft the formation documents in the first place. Of special note the name of the potential business can be a potential problem. Without checking for already existing intellectual property claims against your proposed name you could potentially open yourself to problems of potentially infringing on someone else’s intellectual property. Our office can assist with an intellectual property search for potential business names as part of forming a new business.

Call 360-685-0145 to learn more!

Continuing Education – Keeping Pace in a Fast-Paced World

Tue, 18 Apr 2017 05:25:00 GMT

Unless you’re living in some remote off-the-grid location, it’s readily apparent that our world is changing at a rapid pace. And the law must keep pace with these changes.

That’s why Limitless Law PLLC is committed to continuing our education on innovative legal news and cutting-edge technology so that we can better serve our clients, and provide them with the most up-to-date advice on their legal rights.

This year we have attended continuing education courses related to:

Cannabis-related business

Cannabis law in Washington state is in constant flux. For instance, this past year saw the merger of the recreational and medical cannabis industries. The changing status of the law with regard to cannabis-related (I-502) businesses will continue to evolve as this young industry grows. Limitless Law is committed to staying on top of these changes to better advise our clients, both those involved in the cannabis industry and others.

Same-sex marriage and how to protect your family’s rights

Many of my clients in the LGBTIA (Lesbian, Gay, Bisexual, Transgender, Intersex and Asexual) community are very concerned about recent political and legal developments, and how those changes might affect their families and their rights. I have been representing queer clients and families for years, through the journey to domestic partnerships to marriage equality and beyond, and I am invested in ensuring the protection of my LGBT+ clients and their loved ones.

Exploitation of vulnerable adults

Vulnerable adults include the elderly and disabled people. If used properly, estate planning can help prevent vulnerable people from being taken advantage of. This includes setting up special needs trusts to ensure disabled clients are cared for in the future. It can also include crafting powers of attorney to prevent abuse of vulnerable people who need others to help them handle their daily affairs.

Cyber Security for law firms

To deliver the highest-quality, most convenient service to clients, I make sure my firm is using the most up-to-date technology and techniques to keep our clients’ information secure. In the wake of many recent security breaches on a major scale, I am constantly researching to ensure that I am utilizing the best and most secure encrypted technology, allowing my clients to access their data anywhere in the world, safely and securely.

Call 360-685-0145 to learn more!

Your First Estate Planning Strategy Session With Your Attorney

Thu, 02 Mar 2017 21:02:00 GMT

In order to make sure your individual estate plan matches up to what you need it to do and what you want to happen after you pass your attorney will likely need you to provide a lot of information about you, your family, and who you want to make decisions on your behalf. Your attorney will need to know your full legal name as well as that of your spouse, all of your biological or adopted children, any other desired beneficiaries, and that of anyone who wish to act as your personal representative of your estate or as your attorney in fact.

In order to address your needs when drafting your Will you will also need to speak to your attorney about whom you want to inherit from your estate when you pass. Your attorney will need to know who they are to you, in what order you want them to inherit, and their names. It is important that you speak to your attorney about any biological or adopted children you have and your spouse if you are legally married, including separated but not divorced. This is because these individuals are given special protections under inheritance laws. You will also need to discuss with your attorney if any of your selected heirs are disabled in some way, or are currently under 18 years of age. These circumstances may mean you need to nominate someone to control that beneficiary’s inheritance or act as a guardian of that person when you pass.

You should also think about who you would like to handle your affairs once you have passed away. This person is called a Personal Representative and will be responsible for handling the financial affairs and property of your estate.

As part of your estate planning strategy session, your attorney will also speak to you about your assets, end of life care, long term care insurance, powers of attorney and an advanced health cared directive, also commonly called a ‘Living Will’.

In order to help you with your power of attorney you will need to be able to inform your attorney about who you would like to be able to make financial and health decisions on your behalf. A power of attorney is effective as soon it is signed as opposed to an advanced health care directive which only goes into effect when you have a terminal illness and in a permanent unconscious state or otherwise unable to communicate.

It is also a good idea to think about who you would like to be an alternate as your first choice for all of those you name as a person of responsibility in your estate plan, like your attorney in fact, personal representative, and guardians. This is in case your first choice is unable or unwilling to act for any reason including disability, death, distance, or just reluctance or overwhelming grief.

Your attorney will need to know about your assets, specifically big value assets such as real property and life insurance, in order to evaluate whether your estate will be subject to inheritance taxes. You should be able to inform your attorney about any real estate, bank accounts, stocks, bonds, investments, vehicles, business ownership, valuable collections, artwork or jewelry, and life insurance that you currently own. You will also need to inform your attorney if you are a beneficiary of any trust or you anticipate any inheritances as these are possible assets your estate plan would need to be able to address.

In order to prepare for meeting with your estate planning attorney you should also consider your personal feelings on cremation or burial as well as how you feel about being kept on life support when you have a terminal illness and in a permanent unconscious state or otherwise unable to communicate. You may also want to consider your preferences on organ donation and the level of medical intervention you would like in the event you are terminally ill. Your Will and Advance Health Care Directive are commonly used to convey these preferences when you are not able to communicate for yourself.

Call 360-685-0145 to learn more!

The Myth of the $99 Will

Wed, 15 Feb 2017 06:25:00 GMT

Or why you really should work with an estate attorney

Have you been searching online for information about wills and seen the ads for the $99 will? Have you thought, can it really be this easy and inexpensive?

The old adage “If it’s too good to be true it probably is” applies here.

A $99 will doesn’t usually cost $99 because the cost only applies to “simple” estates. These wills are only for single persons, don’t include powers of attorney or health care directives, don’t account for trusts for children or people who own property in multiple states – among the many scenarios that may apply to you.

Complete estate plans from these “discounters” usually end up costing hundreds of dollars more than the ads quote. And if you do only pay $99, you’re likely to get what you pay for, which will result in headaches for your loved ones after you die or when you update your estate plan later on.

When you choose to work with an estate-planning attorney, you are also getting a wealth of knowledge of a planning professional. Your attorney will know the right questions to ask to determine exactly what your needs are; things you may never have thought about, and that a $99 will won’t address.

A few examples include:

In the long run, working with an estate-planning attorney will be a better value than the $99 will. The level of protection for your assets – and your loved ones – will far outweigh the expense of hiring a professional.

Getting started is as simple as calling Limitless Law PLLC at (360) 685-0145 to schedule your strategy session with an attorney.

Call 360-685-0145 to learn more.

Is it time to update your estate plan?

Wed, 01 Feb 2017 18:03:00 GMT

How long has it been since you last reviewed your estate plan and any related documents?

Never, you say?

Then there’s a very good chance that it’s time to do so.

But let’s back up just a bit. Do you have a will, power of attorney and/or an advanced medical directive?

If you DO have an estate plan, that’s great! But remember that you may need to update your plan when certain major life changes occur. These changes include:

Because an out-of-date estate plan can be as problematic as no plan at all, it is important to review your will on a regular basis to make sure it is still working for you.

Even if one of the life events listed above doesn’t occur, reviewing and possibly updating your estate plan every five years is recommended. I even suggest reviewing your plan annually. The American Institute of CPAs recommends a brief annual review of your estate plan each year as well, in case a change tax code effects your estate. (We can even refer you to a CPA if you have specific tax-related questions.)

A qualified estate-planning attorney can help you make changes to ensure your plan is in fighting shape.

Call Limitless Law PLLC at (360) 685-0145 to schedule your estate plan review today!

Call 360-685-0145 to learn more.

Should a community property agreement be part of your estate plan?

Thu, 19 Jan 2017 22:25:00 GMT

If you are married, you should consider (with the advice and consultation of a qualified estate planning attorney) including a community property agreement in your estate plan.

But before we consider why or why not this agreement might be right in your situation, let’s talk about what one is.

A community property agreement is a contract signed between spouses that says when one of them dies all of the property they own together will transfer directly to the surviving spouse, without having to go through probate.

Probate is the legal process that administers a deceased person’s estate and transfers their assets after they pass away. Probate in Washington state is relatively simple and inexpensive compared to some other states with a community property agreement. However, spouses can avoid unnecessary paperwork and waiting periods to complete property transfers when this agreement is in place.

Is a community property agreement right for you?

A community property agreement might not be right for you and your spouse if you do NOT want all of your property to go to your spouse in your will. For instance, you may have plans to gift property to charity or your children in your will, in addition to or instead of your spouse.

Spouses receiving certain forms of disability benefits may also want to exercise caution when entering into such an agreement. Those on benefits may be disqualified from receiving future benefits if a community property agreement causes them to inherit property above the income limits of various state and federal programs.

Please discuss your options with a qualified estate planning attorney to see if including a community property agreement in your overall estate plan is right for you.

Call 360-685-0145 to learn more!

Your Doctor May Not Make House Calls, But Your Attorney Can

Mon, 09 Jan 2017 12:52:00 GMT

Historically, making “house calls” was the sign of a truly superior doctor. Now all manner of services – professional organizers, personal trainers, prepared gourmet meals and more – can be brought to us.

To accommodate clients’ busy lives, Limitless Law is pleased to do the same. We offer house calls to clients.

Some of my clients are seniors, who may no longer drive or simply do not wish to drive to my office. One client of mine suffered a stroke years ago and now uses a wheelchair for mobility. I visited him at his home to finish his estate, so he didn’t have to worry about navigating my office and transit. I have also assisted clients who were staying at the hospital and the local hospice who were too ill to come to my office to update their wills.

Other clients are busy businesspeople, who hardly have time to eat lunch let alone drop everything to come visit me. And why should they, when I can see my clients at their office?

I am proud to offer my clients mobile services. As always, meeting are also available at my office, conveniently located just minutes from Bellingham’s downtown core. What’s more, Limitless Law can serve clients even far outside of the Bellingham, Washington area via phone, email and videoconferencing.

Call 360-685-0145 to learn more!

Wouldn’t You Love to Say, ‘Let me talk to my attorney’?

Mon, 26 Dec 2016 10:01:00 GMT

Lawyers. Accountants. Doctors.

No, this is not the setup for a “walks into a bar” joke. My clients who move frequently tell me that these three professionals are the ones whom they make a priority to form relationships with when they relocate to a new city.

Finding an attorney and forming a long-term relationship with that person is vital. An attorney can help you through happy times (like buying a house or adopting a child) and difficult times (like the loss of a loved one or facing financial issues such as bankruptcy or foreclosure).

And, it feels good to say “let me talk to my attorney” – it’s not a status thing, it’s peace of mind.

Finding an attorney who’s right for you

Talking to family, friends, colleagues, and acquaintances is a great way to help select an attorney; glowing recommendations from people you know can help you find the right lawyer for you.

A special review site, Avvo.com, is dedicated to attorney reviews from clients who have actually used the attorney’s services. Avvo can be used to research attorneys in your area (for instance, you can search “estate planning lawyers in Bellingham”) OR you can check out the reviews for a specific attorney you are considering by searching that attorney’s name on Avvo.

It is a good idea to have a list of questions and concerns prepared when you call an attorney. Stuck on what to ask? Here’s a link to a helpful article to get you started: hirealawyer.findlaw.com/choosing-the-right-lawyer/interviewing-a-lawyer.html

With a little research along with asking the right questions, you’ll be sure to find the right attorney to form a happy professional relationship with for the long haul.

Call 360-685-0145 to learn more.

Don’t Wait On Your Dream Business – Start It Today

Thu, 01 Dec 2016 09:00:00 GMT

I’ve talked to aspiring entrepreneurs who hem and haw over getting stared on their dream business, but hemming and hawing ultimately gets in the way of fulfilling your goals. If you’re dreaming of starting a business, don’t wait on your dream; start today.

I have had the privilege of helping a number of new businesses with the legal paperwork and advice necessary to launch their new ventures. Armed with knowledge and a plan, these entrepreneurs are living their dreams.

Like them, you’ll want to develop a “team” necessary for a successful business – your accountant, lawyer, maybe a bookkeeper, a banker. These trusted professionals help you take care of business so you can focus on what you do best. And if you lay the groundwork from the beginning, it’s easier to grow your business the way you’ve envisioned.

I would like to let you in on a few secret weapons for entrepreneurs and business owners that not everyone may know about. Similar resources are available in other counties and states as well. If you have the business bug, check it out.

Bottom line: Don’t be afraid, now is a great time to get started with your dream. Be sure to contact a qualified business attorney for advice and help to start off on the right foot.

Bellingham Makerspace

The Bellingham Makerspace is the place to be for inventors and entrepreneurs in Bellingham, Wash. It is a “makerspace” where members pay a monthly fee (or a day pass) to use a full suite of equipment such as 3-D printers, laser cutters, CNC machines, band saws and much more. Anything you might need to create a new product or work on the project of your dreams can be found in a makerspace. Check it out at https://bellinghammakerspace.org/

Small Business Development Center

In connection with Western Washington University, the SBDC offers a staff of MBA business advisors who have loads of experience in running and advising small businesses to great success. You can use the Center to help you craft a business plan, bounce ideas around for changing your business or spiffing up your marketing plan. This is a great resource – more about the SBDC here: http://www.wwu.edu/sbdc/

Small Business Administration

The SBA is most well known for providing small business loans, but they also have a wealth of resources to educate small business owners on everything from finances to business management. Check out their website here – http://www.sba.gov/

SCORE

SCORE is the Corps of Retired Executives. It offers mentors who have “been there, done that” in the business world and have a wealth of knowledge. SCORE also offers webinars on business management and other related topics that are worth a look – www.score.org

Great resources, right? I hope they have inspired you to think about all the possibilities of starting your own business. And I hope I’ve reminded you of the importance of consulting a qualified business attorney before you start on the exciting journey of starting a business.

Call Limitless Law at (360) 685-0145 to get your new business off to a solid start!

If you are seeking legal assistance with business laws, adoption, estate planning, probate, real estate transactions, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

Act Now to Protect Vulnerable Loved Ones with Special Needs Trust Planning

Tue, 01 Nov 2016 19:14:00 GMT

A special or supplemental needs trust is a tool that can be used to care for loved ones who may have special needs or are on a fixed income, such as a government disability program. A special needs trust is a special kind of trust that allows a person to receive an inheritance without being disqualified from certain income-restricted government programs, such as SSI (Supplemental Security Income).

If you are considering including loved ones in your estate who are, or in the future are likely to be, on an income-restricted government program such as SSI or Medicaid, you should discuss including a special needs trust for that person in your estate plan.

Don’t wait to call

My office often fields calls from people who are on SSI or Medicaid and who have just heard the news that they are receiving an inheritance. They are calling to ask if there is anything they can do to set up a special needs trust after the fact because they will lose their benefits as a result of the inheritance. Sadly, a special needs trust cannot be set up retroactively, and proper advanced planning is vital to avoiding these situations.

Call 360-685-0145 or click here to learn more.

Estate Plans for ‘Non-Traditional’ Families

Sat, 01 Oct 2016 04:10:00 GMT

Estate plans for non-traditional families:

One of the most satisfying things I get to do as an attorney is to help families plan for a secure future for their loved ones through proper estate planning. This feeling of satisfaction is possibly even more intense when I get to help craft estate plans for non-traditional families with unique planning situations.

Many of our laws and the societal systems that support them are based on the idea and terminology of “husband and wife” as a unit. Today, though, families really are as unique as snowflakes, and each deserves to protect its assets.

Every Family is a Snowflake:

Same-sex, polyamorous, or unmarried couples weren’t considered in drafting traditional estate plans. You won’t find an out-of-the-box solution from an online legal service. But estate plans for non-traditional families are achievable.

A good estate plan can, and should, work to protect the future of any kind of family. Unique families demand unique planning solutions, rather than cookie-cutter forms and fill-in-the-blank wills and trusts.

One of my great joys as an attorney is helping families come up with unique tools to use in protecting their assets and their families for the future, such as:

I love to discuss creative estate planning solutions, so don’t hesitate to get in touch with Limitless Law if you are pondering a unique planning situation.

Call 360-685-0145 or click here to learn more.

Three Reasons You Really, Really Need a Will

Thu, 01 Sep 2016 23:36:00 GMT

Sure, maybe you don’t have “much” to leave behind or you don’t have dependents, but you do have inherent worth that can and should be protected with a will. Here are three reasons why you owe it to yourself, and others, to have one.

Here at Limitless Law, we believe making a will should be affordable, easy and, yes, even fun. Contact us today to discuss the right estate planning options for you and your family.

Call 360-685-0145 or click here to learn more.

Mental Health Advanced Planning

Sun, 28 Aug 2016 21:05:00 GMT

As medical science advances the ways that we all have to care for both our minds and bodies, the law is firmly stuck in its ways of evaluating the two parts of ourselves separately. As such, even if you can physically sign a legal document, if you are mentally unable to understand the nuances of the documents in front of you, you will lack standing to make legal decisions, even those about your physical and mental health treatment. Some of these issues can be addressed by signing your estate plan while you do have capacity, so you can plan ahead for your mental and physical health treatment.

Making your Powers of Attorney ‘Durable’ will prevent many problems if you begin to experience mental health problems, including dementia. A ‘durable’ power of attorney means that the powers vested in the document endure regardless of your mental state, until your death. You can also make your care preferences clear in your Advance Health Care Directive. Advanced Health directives only apply when you are terminally ill and unable to speak for yourself or permanently unconscious.

While your Advance Health Care Directive allows you to inform your representative and treatment team of your desires for your end of life in advance, they do not specifically address mental health problems such as dementia, where your mental health has declined but your physical body has not. Washington has created a Mental Health Directive in 2003 that addresses mental incapacity to make medical decisions without being terminally ill or in a permanent unconscious state. The Mental Health Directive also allows it to take effect when determined to be mentally incapacitated rather than the permanent unconscious state, under a specific diagnosis, or when specific symptoms or behaviors begin to occur.

The mental health directive allows for treatment decisions based on any organic, mental, or emotional impairment which has substantial adverse effects on an individual’s cognitive or volitional functions. This specifically could address the situation of mentally incapacitated, but not terminally ill, but limits the direction to only applying to mental health medication and treatment, not life sustaining treatment. Because there is a clear line between mind and body treatment directives and the mental health directive does not allow for withholding of life sustaining treatments, it does allow withholding of mental health treatments altogether, or limitations on what kind of treatments, who should be allowed to visit, and allows for nomination of a referred guardian should a guardianship proceeding be necessary. You can also draft this directive so that it can be revoked only when you have capacity, or at any time, even if you are incapacitated. It also allows for the nomination of an agent to represent the mental health care treatment.

Call 360-685-0145 or click here to learn more.

Life Estates and Gifts of Real Estate Equity

Fri, 08 Jul 2016 11:17:00 GMT

When preparing to pass on your home or real estate to a loved one, your estate plan does not have to be your only option. You might consider transferring the property during your lifetime through either a Life estate or a Gift of Equity. Life estates and gifts of real estate equity are both types of immediate transfers of ownership that require acceptance from the new owner, and may result in tax consequences.

A gift of equity occurs when a property owner sells property to a buyer (usually a friend or family member) for a price that is significantly lower than the fair market value of the property. The difference between the price paid and the fair market value is considered to be a gift to the buyer.

The seller simply agrees to take less net proceeds at closing, which allows the buyer to have instant equity in their new property. Because the transfer of ownership and use of the property are immediate, taxes are due on the transfer.

A life estate, on the other hand, does not require payment of any purchase price. A transfer on death deed also does not require money to be paid. These types of transfers may be considered to be a gift, and they may allow the property to avoid going through probate to complete the transfer of ownership. A beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interest to which the property is subject to at the transferor’s death.

Potential Benefits of Granting a Life Estate

Potential Risks of Granting a Life Estate

Potential Advantages of Gifting Real Estate Equity

Potential Downsides of Gifting Real Estate Equity

If you are seeking legal assistance with estate planning, probate, real estate transactions, adoption, business law, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

Introducing…Business Bouncer!

Thu, 23 Jun 2016 21:32:00 GMT

Limitless Law is thrilled to announce the roll-out of our new Business Bouncer service! With Business Bouncer, you business owners out there have access to the legal answers you need at a price you can afford, from YOUR dedicated attorney. Get in touch with us today for all the info on plans, prices and special discounts for early-adopters!

If you’re a business owner on a budget, or you just want predicable legal bills at a great rate, Business Bouncer might be for you.

This new service was inspired by our ACTUAL, real-life clients, who hate being nickel and dimed for legal help. Believe it or not, we don’t like billing by the minute either. So, we’re launching Business Bouncer to provide a solution to this all-too-common problem faced by business owners. You wouldn’t do business without insurance, why go without the legal advice you need?

Benefits of Business Bouncer Plans include:

• No more being nickel & dimed for legal answers

• No more surprise legal bills

• Your own personal attorney on call at an affordable price

• Ensure your legal expenses are within your budget, every time

• Prompt responses to your legal questions via phone and email – no more schlepping all the way to a lawyer’s office just to be billed hundreds of dollars an hour for answers to your pressing questions

• Address legal questions promptly, before they become a big, expensive emergency

• Personal service from your personal attorney, not a different answer every time from an unfamiliar person

• Email and phone contact rather than an internet-forum

*BONUS: Your own secure client portal where you can send secure messages and receive answers, see any upcoming appointments and receive reminders, and view your file and documents securely. Members can either login on our site or our iPhone app!

If you are seeking legal assistance with your business, or with adoption, estate planning, probate, real estate transactions, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

Student Loans are a Hard Ship to Sink

Mon, 09 May 2016 20:36:00 GMT

The number one greatest cause of debt for many individuals is their student loans. Student loans can quickly reach hundreds of thousands of dollars and too many are overwhelming. While for most types of debt bankruptcy offers an opportunity to get out from under the burden of debt, however Student Loan Forgiveness through bankruptcy is extremely difficult to obtain but it is possible to discharge some or all of your student loan debt through the bankruptcy process. If you are facing a wall of student loan debt and are considering bankruptcy as an option, you may want to start with investigating your student loan income based repayment options or hardship forbearance. The law does not require actual participation in an IBR program, but it does mandate some investigation and explanation for why a student loan debtor chooses to not participate before you could be granted a bankruptcy discharge for undue hardship.

You may have your federal student loan discharged in bankruptcy only if you file a separate action, known as an “adversary proceeding,” requesting the bankruptcy court find that repayment would impose undue hardship on you and your dependents. You must declare Chapter 7 or Chapter 13 bankruptcy and demonstrate that repayment would impose undue hardship on you and your dependents.

The Bankruptcy Courts considers the following factors in deciding whether or not to discharge student loans for undue hardship: 1) The debtor cannot maintain, based on current income and expenses, a “minimal” standard of living for herself and her dependents if forced to repay the loans; 2) Additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and 3) The debtor has made good faith efforts to repay the loans.

When proving your level of income for undue hardship you do not have to prove you are unable to pay something to your student loans, as long as your net income is insufficient to pay the loans in full. This means you could be making payments on your loan in an income based repayment plan and still see your loans partially or wholly discharged. It is important for you to apply for income contingent repayment program as the court has in the past taken a lack of this as failure to make “good faith” effort to repay her student loan. You should also be aware that your loan company will attack every expense you have as being non-necessary including religious donations, cable bills and especially vacations or other recreational expenses.

Attempting a hardship discharge is a lot like facing an IRS audit, except you will need to be able to track and prove your income and expenses not just for the last six months, but that it won’t improve for the next ten years. The court looks at numerous factors to evaluate whether your circumstances are really so dire that you will face undue hardship to pay back your student debt and if they will likely continue. Past successful cases have included individuals with serious mental or physical disability, lack of usable or marketable job skills, age or other factors that prevent retraining or relocation as a means for better employment, obligations to care for disabled dependents, and other permanent uncontrolled life complications that prevents employment or advancement.

If you are seeking legal assistance with debt management solutions like debt settlement, or adoption, estate planning, probate, real estate transactions, prenuptial agreements, or business law, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

Co-Signers and Bankruptcy

Fri, 01 Apr 2016 21:31:00 GMT

Bankruptcy can be an opportunity for a clean slate. However this opportunity could come at a disadvantage to those you love if you do not properly take into account the liability of others as Co-signers or under Community Property.

What is a Co-borrower vs. a Co-signer?

A co-borrower is someone who usually has equal value in an asset as well as having equal responsibility for a debt. Whereas a co-signer is someone who is not on a title, or otherwise controls the asset but is still agreeing to bear equal responsibility for a debt. In bankruptcy both co-borrower and co-signers are called ‘co-debtors’.

When a debtor files for chapter 7 bankruptcy, any co-debtor on an account that is included in the bankruptcy will be responsible for the debt. This is because debt collectors and credit card companies can no longer collect against a debtor who has filed for bankruptcy.

On the other hand, if you file a chapter 13 bankruptcy your co-debtor will be protected by the bankruptcy automatic stay as long as the chapter 13 repayment plan is active. If a debtor fails to make their required chapter 13 monthly payments, then the co-debtor will once again be liable for the debt along with the bankruptcy filer should the case be dismissed. At the end of their chapter 13 bankruptcy plan the co-signer would be liable for paying the remaining balance of the debt not paid during the plan.

What does community property have to do with this?

Washington State is a community property state, and as such anything gained by one spouse while married is also equally the spouses, this includes both assets and debts. If either spouse took out a loan, made a charge on a credit card, etc. to support the household during the marriage, the one who didn’t take out the loan is almost automatically treated as a co-signer. If one spouse files a Washington State bankruptcy petition and the other does not, the one who doesn’t file bankruptcy may have to pay the debt anyway because they have acquired the liability for the debt by virtue of the debt being community property.

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Getting Rid of Your Business Debt in a Personal Bankruptcy

Sat, 19 Mar 2016 21:36:00 GMT

You may have heard that bankruptcy can help you get a fresh start if you have old medical bills or credit card debt, but did you also know that bankruptcy can sometimes help wipe away business debt?

While for many owning a small business or running your own startup is a dream come true, sometimes that dream can turn into a financial nightmare. When your business is struggling to pay its bills you may start to worry about the business creditors coming after you personally to pay the debt.

If your business was a sole proprietorship or a partnership you are automatically liable for all your business debts. If your business was formed as an LLC and a corporation you may not be personally liable to the creditors because your business acts as a separate legal entity who is liable for the debt.

However, simply being an LLC does not mean that you are off the hook, often times owners of small business and startups actually agree to be personally liable for the businesses debts. This is because when a business is just starting out it will not qualify for a loan, such as a small business loan or credit card. When this happens the loan agency will often require owners of the business to sign a personal guarantee, or other agreement where they agree to personally pay the debt or put up their personal property as collateral for the business loan. Most Credit Cards require a personal guarantee for a business card. You will need to include all business cards that you have signed a personal guarantee for, even those issued in the businesses name.

If you are on the hook for your company’s debts, you can usually eliminate your personal liability by filing for Chapter 7 bankruptcy. Be aware that while Chapter 7 bankruptcy can discharge your personal obligation to pay back business debts, creditors can still go after the assets of your business to satisfy their debts, and even after other owners of the business if they agreed to be personally liable as well. In a Chapter 7 filing, your ownership in a business may be considered an asset that can be liquidated by the Bankruptcy court so be prepared that while filing for bankruptcy does not automatically close your business, your personal bankruptcy can be affected by your business and your business could be affected by your personal bankruptcy.

Bankruptcy may be able help. Filing for bankruptcy may either allow you to discharge your personal liability for the debts entirely, or you may be able to get into an affordable monthly payment plan, based on your income.

If you are seeking legal assistance with debt settlement, adoption, estate planning, probate, real estate transactions, prenuptial agreements or business law, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

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People, Post, and Probate

Tue, 23 Feb 2016 21:39:00 GMT

Once a Personal Representative for the Estate has received their Letters Testamentary they are required to notify others of their Appointment. This is done through a formal Notice of Appointment that is signed by the Personal Representative and mailed to the required parties before being filed along with a declaration of mailing with the court as proof of the notification. The Personal Representative has a duty to notify three classes of people, the family, the creditors and the government.

Notifying the Family.

As part of the Probate the Personal Representative is required to send a Notice of Appointment to:

1) Anyone named in your loved ones will and;

2) Anyone who was not named in the will but is a direct descendant or spouse and;

3) Anyone who is a beneficiary or co-owner of a non-probate asset such as a checking account.

These notifications allow for an opportunity to challenge the appointment of the Personal Representative and to notify the heirs of the location of the probate if they wish to challenge their inheritance or the validity of the will.

Notifying the Creditors.

1) Any known Creditors, that is any creditors you actually know the deceased had when he or she died or any that you can easily know by looking through the deceased’s belongings, including mail.

2) Unknown Creditors can be addressed in two ways, the first is allowing for a long waiting period, creditors have up to two years to come forward and file a claim against the estate, the second it to publishing a notice of the decedent’s death in a local newspaper and allowing it to run for three consecutive weeks, this shortens the waiting period to four months.

Notifying the Government

1) The Department of Social and Health Services of the state of Washington must be notified of the appointment with a notice that contains a copy of your loved ones social security number. This notice allows the department to review its records to determine if the decedent, or any beneficiary owes any unpaid child support.

2) The Personal Representative must also file with the IRS and obtain an Employer Identification Number

The Personal Representative may also need to speak with life insurance agencies and obtain claim forms, apply for death benefits from the Social Security Administration, Veterans Administration and/or employer pensions. The Personal Representative will also need to inventory all automobiles, furniture, jewelry, and other possessions as part of the probate.

Each of these notifications has to happen within a set period of time after the probate is opened.

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Announcing…E-Check Payments Now Live!

Mon, 18 Jan 2016 22:35:00 GMT

We’re pleased to announce that payment by electronic check (ACH) is now available for all Limitless Law PLLC clients! When you log in to your secure client portal to pay an invoice, e-check will now be an available payment option. Thank you for choosing us for your legal needs. We work hard to make working with us as easy as possible for all of our amazing clients.

All of our clients are welcome to contact us with any questions you might have about this new service or any of our available payment options.

Call 360-685-0145 or click here to learn more.

Your family is worth it

Sun, 10 Jan 2016 22:57:00 GMT

Is your estate plan outdated?

Have you been putting off having a conversation about your estate plan? Is your will so outdated you can’t even remember what it says? Limitless Law can make planning for the future painless and easy – Contact us to make a plan that will keep your family safe and secure.

An empty place at the table. Planning a funeral too soon. She never expected this to happen. Thank God they had their wills written up last year. The last thing she needs to worry about is more uncertainty and legal paperwork at a time like this.

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DIY Legal: Everyone makes mistakes.

Sat, 12 Dec 2015 19:48:00 GMT

That “easy” online create-your-own-company service seemed like a good idea – at the time. Except that now you’ve discovered that your DIY legal project didn’t go exactly as planned, and now your new company is in trouble.

What is “DIY Legal”

It’s the internet age, you can just download a will template online and presto – instant estate plan ! Right? Unless the one-size-fits-all form that you used turns out to be invalid in your home state…Hello, probate court!

Some things are easy to do-it-yourself. But the future of your family and your business are too important to leave to chance. Investing in sound legal advice NOW can prevent serious and expensive legal issues in the future.

Contact us to schedule your consultation

Before you try your hand at legal work and risk serious legal consequences, call us to schedule your consultation and see how easy it can be to get real legal help for your legal projects.

If you are seeking legal assistance with estate planning, probate, real estate transactions, business law, adoption, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

2015 Young Professional of the Year!

Thu, 10 Dec 2015 17:56:00 GMT

Bellingham Attorney Limitless Law PLLC and attorney Emily Rose are honored to be Bellingham/Whatcom Chamber of Commerce’s Young Professional of the Year! We were also recently featured on local radio station KGMI, where attorney Emily was interviewed as the 2015 Young Professional of the Year.

Thank you to all of our clients business and referrals, with out you this award would not be possible.

Check out our award video:

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Keeping the Family Home in the Family

Fri, 13 Nov 2015 20:38:00 GMT

Keeping a family home in the family is often a concern for estate planning clients. Sometimes this property has been in the family name for multiple generations and has historical and emotional significance to children and grandchildren. There are a number of options available to make sure that your property passes to your descendants, or maybe only one child in particular.

Some option would have the ownership of the property transfer while you are alive, such as a Gift, Life Estate, or Sale. Others can be documented now, but the property will not transfer until your death, such as making a Will or Transfer on Death Deed. What will work best for you and your family is also determined by whether you want to continue living on the property during your lifetime or have your children move onto the property immediately.

If your children want to start living on the property immediately the easiest method is to sell or gift the property to them. There is even a middle ground for families with limited funding but still wanting to transfer property called a Gift of Equity. A gift of equity occurs when a family member sells property to another family member for below the sale price. The difference between the price paid and the listed price is considered an amount of equity to be used toward the down payment or to help pay off debt to qualify.

If your plan is to live on the property for your lifetime you have a few more options. The first is a Transfer on Death Deed is a document recorded during a property owner’s lifetime that directs that the property will be transferred to a beneficiary when the owner passes away. This option does not take effect until your death but can be recorded at any time. You also have the option of recording a deed with a Life Estate, this would transfer the ownership of the property to a new owner right away, but allows the original owner to stay at the property as long as they want or until they pass away.

Of course, you always have the option of gifting all or part of your property while you are alive, as well. If you were to gift the entire property to a loved one during your lifetime they would have the sole right to that property. However you can also gift someone with a partial interest in a property as a joint tenant, or if your intent is that they eventually inherit as a joint tenant with right of survivorship . In the latter case this would result in shared ownership while you were alive, but at your death your interest would automatically go to all other tenants with right of survivorship, without probate or further property transfers.

All of these are ways to help keep your property in your family and avoid going through probate, however your property can also be transferred through your will. In a will, the person can designate a beneficiary to receive any property that the decedent leaves to that beneficiary. The transfer of property actually takes places at the time of the owner’s death. You can also specify in your Will if the property is to go to some in particular, a specific gift, or just to be divided between your descendants, a residual gift. When including a home in your will as a residual gift you should consider the finances of who you are giving the gift to as inheriting through a will does not eliminate your mortgage and often times whoever inherits the house will need to qualify for a new mortgage, or in the case of multiple heirs come to an agreement about buying out the interest the other heirs have in the house.

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How Can I Prepare to Talk to a Lawyer About My Debts?

Thu, 01 Oct 2015 20:41:00 GMT

When it comes time for you schedule an in office visit with an attorney to discuss ways to manage your debt, it pays to be prepared. When preparing to meet with a new client for the first time, we try to provide potential new clients with a list of what information and documentation we will need from them before we meet with them to discuss all of their options in detail. When you are considering filing for bankruptcy or attempting to settle or otherwise take care of your debts, there are a sizable amount of financial documents that may need to be gathered in order to prepare for your next steps.

When you start thinking about bankruptcy as an option it is important to start thinking about what records to keep. Filing for bankruptcy involves proving to the court that you have a certain level of income. In preparing for any bankruptcy it is important to obtain and keep several months’ worth on income proof, specifically your latest two years of tax returns, three months of bank statements for all your open bank accounts, and six months of pay stubs or other proof of employment income. It is also important to note that if you are married, even if your spouse does not file you will still need information on any shared bank accounts and your spouse’s pay stubs as well as they are used to calculate a household income. Because these documents may take some time to gather you may consider getting them together before making an appointment with your bankruptcy attorney.

Your attorney may also need the following information from you about your income and expenses but the information should be readily available to you.

Call 360-685-0145 or click here to learn more.

Tax Debt Discharge

Sun, 06 Sep 2015 20:44:00 GMT

Bankruptcy can help you discharge both secured and unsecured debt, with a few exceptions for types of debt that are typically not dischargable in bankruptcy court. Many people do not know that you can actually include some past years' federal income tax debt in your bankruptcy proceedings. However, tax debt is not automatically discharged in a bankruptcy proceeding. Your tax debt must meet several criteria to be considered dischargeable.

In order to successfully discharge federal income tax debt in a bankruptcy proceeding, you must pass a couple of tests. The first test is if the income taxes were due more than three years prior to filing the bankruptcy. It is important to note that if you filed an extension with the IRS, it must be three years from the latest extension due date.

The second test is the 2 year test. In order to meet this requirement, you must have filed your tax return at least two years prior to the filing of a bankruptcy proceeding. The reason for this is that you can still discharge your debt even if you filed your tax return late.

The final test in order to discharge your income tax debt is the 240 day rule. The taxes must be assessed at least 240 days ago. Tax can be assessed after the taxes are filed. You can find when the taxes are assessed on your tax return letter. It is listed on your tax account transcript as code 290. As long as that day is more than 240 days before you file for bankruptcy, you can discharge those taxes. It is important to note that if you have an amended or corrected return or audit, the assessment date may be significantly later.

There are 3 things that can cause the 3-2-240 time requirements to have time added to it. The first is if you have made an offer in compromise. The second is having filed for bankruptcy previously. The final one is if you have obtained a taxpayer assistance order. All three of these things can suspend the time period of the 3-2-240 rules. If you get one of these things, then the time starts over, so pay careful attention to the timing of your federal income tax if you hope to get it discharged. Entering into a payment arrangement with the IRS does not suspend the time periods of the 3-2-240 rules. If you pass the 3-2-240 test, then you may be eligible to get your income tax debt discharged by the court.

If you are seeking legal assistance with debt settlement, probate, estate planning, adoption, real estate transactions, business law, or prenuptial agreements, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

Your Brand, Product & Creations - A Guide to Your Intellectual Property Rights

Mon, 03 Aug 2015 08:45:00 GMT

When talking about "intellectual property" there is often some confusion about the differences between trademark, patent, and copyright. Let's look at some differences in intellectual property rights for your brand, products, and creations.

What is a Trademark?

A trademark is a way to protect the branding of a company. A company can use a trademark to protect a word, phrase, symbol, and/or image from use by another company or person. A service mark is similar, but identifies and distinguishes the source of a service rather than the goods themselves. You register the trademark with United States Patent and Trademark office. Trademarks can include names, slogans, logos, or designs. You can register a logo in color (to protect the color scheme) or in black and white. Trademarks don’t expire after a certain number of years, which is different than patents and copyrights. There is no mandatory registration of trademarks, but there are benefits to registering your trademark: there is a notice to the public, it is legally presumed ownership nationwide, and the exclusive right to use the mark.

What is a Patent?

Patents are intellectual property that is protected by law. It allows the owner of the patent to make, sell, or import an invention. Patent last for a limited amount of time, usually twenty years. The duration of the patent depends on the type of patent granted. A patent is registered with the United States Patent and Trademark office. In order to receive a patent, the maker must publicly disclose the invention. US patents are only effective within the United States, the U.S. territories, and U.S. possessions. The patent actually excludes others from making, using, offering for sale, selling, or importing the invention rather allowing you to make, use, offer for sale, sell, or import the invention into the United States.

What is a Copyright?

A copyright is the legal right that allows the creator of an original work exclusive rights for the use and distribution of that work. Copyright is typically used for books, poems, plays, songs, film, or artwork, as opposed to a patent which is an invention. A copyright is filed with the Copyright Office, but is not typically necessary. The benefits of registering include it establishes public record of the copyright and registration is necessary before you can file an infringement suit. Copyrights usually last for the life of the author plus an additional 70 years. While anonymous, pseudonymous, and for hire works are copyrighted 95 years from date of publication or 120 years from the date of creation, whichever is shorter.

If you are seeking legal assistance with business law, probate, estate planning, adoption, real estate transactions, prenuptial agreements, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

Resources for Gathering Documents Needed for Bankruptcy

Mon, 13 Jul 2015 20:50:00 GMT

In addition to proof of income, tax returns, and bank statements, there are a number of other types of documentation that you may need to obtain to file for bankruptcy. In this post, we'd like to provide some helpful resources and guidelines to assist in obtaining this documentation prior to moving forward with considering filing a bankruptcy case.

You will need to obtain a credit report for yourself and your spouse, if you are married, as part of preparing to file for bankruptcy. You can obtain your credit report at no charge from www.annualcreditreport.com – you will need to enter your information such as name and social security number, this report will give us information about most of the debts you currently owe.

If you owe back taxes, you will also need to obtain your tax account report from the IRS. You can order a tax return transcript online at http://www.irs.gov/Individuals/Order-a-Transcript or by phone at 1-800-908-9946, or by using IRS Form 4506T. The request can take up to two weeks to process. Please note that an “account transcript” is not the same as a “tax return transcript.” A “tax return transcript” will not have all the information your attorney needs.

If you currently owe money on traffic tickets or DUI fines you will need to provide those records to your attorney. It is important to have the original records of the traffic infractions. You can obtain these by visiting the district court of the county in which the traffic infraction occurred.

The information you provide will be utilized by your attorney to complete bankruptcy forms as required by the United States Court. You can review these forms online at https://www.uscourts.gov/forms/bankruptcy-forms . Your attorney will be looking specifically for information to complete the forms titled Schedule A/B through Schedule J.

Your attorney may also ask you to provide your medical bills to include in your bankruptcy. Often doctors will provide an online portal through which you can likely print out a listing of currently owed medical bills.

Call 360-685-0145 or click here to learn more.

Branding Basics

Sat, 06 Jun 2015 20:53:00 GMT

When considering filing a trademark for your brand there are a few things about your ‘brand’ and ‘mark’ that you should come to a hard decision on before moving forward.

First, you want to identify what are trying to trademark and if you are currently using what you are trying to trademark as a part of your business. It is also important to note if you are going to continue using the mark, or if you are going to start using that mark. It is essential to know if you are currently using it or if you are intending to use the mark, because the fee for filing a trademark depends on if it is currently in use or if you are just intending to use it in the future. Next, you want to figure out when you first used your mark anywhere with your goods or services. Ideally, you would have a specific date that you began using the mark. It is important to say whether the mark is a name or an image or both. If you have multiple marks that you are attempting to trademark, you must fill out and file separate applications with individual filing fees for each mark.

The United States Patent and Trademark Office (USPTO) has a Trademark Electronic Search System where you can conduct an online search of the USPTO database of trademarked marks. It can be a time consuming task, especially if the trademark has a design element. If your mark is an image or a stylized written word, you should provide a JPG or PDF copy of the specimen. It is also important to figure out if someone else is using a similar or the same mark. It is also important to identify if the mark you are trying to trademark is something common or used frequently in your industry. The reason for this is that trademarks for commonly used names or images of items used in the industry are much more likely to have previous trademarks already in existence. Unique or personal names or marks are much more likely to not have previous trademarks.

The next step is to identify what you plan to put your mark on. Trademark applications are charged ‘per class of goods or services; of which there are currently a total of 45 classes. You will also want to have a specimen for each class of goods or services that you intend to apply the mark to. If you do not have a specimen for each class of goods or service, you must figure out if you will be able to make one in the next six months. If you are not currently using the mark in commerce, but intend to use it, you can receive a Notice of Allowance that will serve as a precursor to an actual trademark. However, you must file a Statement of Use within six months or the application will be deemed abandoned. Once you figure out how many classes of goods or services you plan to apply your mark to, the total filing cost can be figured out. You should also decide if you can pay the whole filing costs at once. The next step is to figure out if you would personally like to own the trademark or if you would like the business to own the trademark.

In order to get started on a trademark application, please have the following information filled out and available:

If you are seeking legal assistance with business questions, probate, estate planning, adoption, real estate transactions, prenuptial agreements, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

Transfer on Death Deeds

Thu, 21 May 2015 21:25:00 GMT

When you consider gifting your real estate as part of your estate plan, including it in your will is not your only option. You might consider a Transfer on Death Deed to accomplish this. A Transfer on Death Deed is a document recorded during a property owner’s lifetime that directs that the property will be transferred to a beneficiary when the owner passes away. A life estate transfers the ownership of the property to a new owner right away, but allows the original owner to stay at the property as long as they want or until they pass away. Of course, you always have the option of giving gifts of your property while you are alive, as well. All of these are ways to help keep your property in your family and avoid going through probate.

A Transfer on death deed can be recorded at any time during the property owner’s life. It can also be revoked at any time prior to death as well, giving the property owner a chance to change their mind unlike Life Estates or Gifts of Equity which has an immediate irrevocable effect. A valid Death Deed cannot be overridden by a contrary provision in the transferor’s will, the only way to revoke a Death Deed is through recording a revocation. A beneficiary to a death deed is liable for an allowed claim against the transferors probate estate and statutory allowances to surviving spouses and children.

A transfer of death deed does not require notice, delivery, or acceptance by the beneficiary while the transferor is alive and only become effective upon death. Additionally, taxes on the real estate transfer do not become due until death as well.

Potential Benefits of Transfer on Death Deeds

Potential Downsides of Transfer on Death Deeds

If you are seeking legal assistance with estate planning, real estate transactions, probate, adoption, business law, prenuptial agreements, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

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How to Avoid Probate with a Lack of Probate Affidavit

Fri, 24 Apr 2015 21:01:00 GMT

If you are the surviving spouse or sole heir after someone has died you may feel a large amount of pressure to deal with your loved ones affairs. If the only major asset your loved one had was real estate in Washington State and you have been named as the beneficiary on bank accounts and other funds you may consider using a Lack of Probate Affidavit instead of filing a Probate for the Estate. The Lack of Probate Affidavit is available regardless of whether your loved one left a will or not. You will still need a copy of your loved ones certified death certificate. The Lack of Probate Affidavit needs to be filed with the tax assessor’s office and recorded the same as a deed, but does not require filing with the superior court. However the Lack of Probate Affidavit is only effective for transfer of real property. However it is a single document that will allow you to transfer the real property without going through the probate process. You can even file a Lack of Probate Affidavit for the real property before, after, or in another county from an active probate if you decide to ultimately file for probate late or somewhere else.

PROS

CONS

If you are seeking legal assistance with probate, estate planning, adoption, real estate transactions, business law, prenuptial agreements, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

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Can I be Evicted if I Refuse to Answer the Door?

Mon, 02 Mar 2015 21:16:00 GMT

A part of the eviction process that is designed to protect the rights of both landlords and tenants by requiring specific notification requirements. This is both to provide time for tenants to make other living arrangements and to provide landlords with

However what is a landlord to do if the tenant on record refuses to answer the door or you otherwise cannot reach them? Luckily the law is understanding that these circumstances do happen and has put into place some alternate service methods.

When the plaintiff, after exercising due diligence, is unable to personally serve the summons on the defendant, the court may authorize the alternative means of service. The procedure requires filing an affidavit from the person or persons attempting service describing the attempts, and affidavit from the plaintiff, plaintiff’s agent, or plaintiff’s attorney stating the belief that the defendant cannot be found. The court may then enter an order authorizing alternative service of the summons as follows: Summons and complaint posted in a conspicuous place on the premises, and copies of the summons and the complaint in the mail, postage prepaid, by both regular mail and certified mail directed to the defendant’s or defendants’ last known address.

If you are seeking legal assistance with estate planning, adoption probate, real estate transactions, business law, prenuptial agreements, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

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Introducing Limitless Law PLLC

Mon, 23 Feb 2015 17:17:00 GMT

Dear Clients, Colleagues, and Friends,

Thank you for your support and for working with me and Next Generation Legal Services PLLC over the past year. I am happy to announce that our firm has a new name for the New Year – introducing Limitless Law PLLC . Nothing else will change – we are still here in the Gateway Centre next to Boomer's Drive-In and FIve Columns Greek Restaurant, on Samish Way in Bellingham, serving you in the areas of estate planning, probate, business law, real estate, bankruptcy and LGBT legal services.

Thanks again for choosing us and please call Limitless Law PLLC at 360-685-0145 if we can help with any of your legal questions or projects.

Call 360-685-0145 or click here to learn more.

5 Myths About Wills

Tue, 20 Jan 2015 21:21:00 GMT

If you are seeking legal assistance with estate planning, adoption, probate, real estate transactions, business law, prenuptial agreements, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

Deed of Trust or Mortgage – What’s the Difference?

Tue, 09 Dec 2014 21:06:00 GMT

When preparing to buy a home you may be encountering some confusing terms about possible financing options. Bellow are two financed options for real estate that you might run across, a deed of trust or a mortgage.

A deed of trust transfers the interest in your property to an impartial third party called a trustee. The trustee holds control over the debt until you pay all payments due under the contract. The person or company that you borrowed money from to purchase your property cannot act as their own trustee, it must be a neutral third party (like a title company or an attorney).

Typically, when you borrow money to buy real estate, you will sign both a deed of trust/mortgage and a promissory note. The promissory note is basically an “I owe you” for a specific dollar amount. The deed of trust is the document that attaches the debt owed to the real estate so that, if the borrower does not pay on time, the lender can collect the debt by initiating foreclosure proceedings.

The foreclosure process involves a series of notices and strict timelines before the property may be sold at auction by the Trustee named in the Deed of Trust.

A Deed of Trust and a mortgage are fairly similar. A deed of trust is subject to all laws relating to mortgages on real property and the county auditor records deeds of trust as a mortgage.

In a Mortgage there are only two parties to a Mortgage; the mortgagor (borrower) and the mortgagee (lender). There is no third party Trustee.

Foreclosure of a mortgage involves obtaining a judgment and order of sale from the superior court of the county where the property is located.

Both Judicial and Non-Judicial foreclosure provide ample time for the borrower to make good on their payment before the sale of the property.

You might be thinking that only banks and large companies can be the lender for a mortgage but an individual may make five or fewer residential mortgage loans during a calendar year without holding a company level license. If you are eligible for the license waiver, you must comply with certain conditions including the following:

(1) If you do not provide the borrower with a compliant federal disclosure of the loan terms and conditions and cost of financing, you must provide the buyer with a disclosure prescribed by the director.

(2) You must comply with the state’s usury rate limit.

(3) You must follow Washington law if you pursue a foreclosure.

If you are seeking legal assistance with real estate documents or transactions, adoption, estate planning, probate, prenuptial agreements, business law, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

What’s Up With a Pre-Nup?

Sun, 16 Nov 2014 20:07:00 GMT

Congratulations, you are engaged! When you are planning on getting married, a prenuptial agreement can be a good thing to consider in your wedding preparations. In order for a prenuptial agreement to be valid and enforceable, a prenup must: be completed before marriage, be written, be notarized, be entered into voluntarily by both parties, have complete financial disclosure, be fair to both parties, and not be illegal or opposed to public policy.

A common misconception about prenuptial agreements is that they are only for the wealthy. That is not true. Prenuptial agreements can benefit couples from all walks of life. Prenuptial agreements are documents that protect the separate assets of the people who are intending to get married. The Process of creating the documents is something of a personal audit and provides a good opportunity for you and your spouse to have an open discussion about money management. This is also a good time to check on beneficiaries of your accounts and make sure they reflect who you would like to receive them in the event of your death.

They outline what the married couple wants to do in the case of separation and dissolution. Even though people don’t want to consider the outcome of divorce, about half of all marriages in the United States end in divorce. Some of the things that a prenuptial agreement does is outlining the financial responsibilities of each party if there is a divorce. This can save time in a divorce proceeding because then the sides don’t have to spend time litigating who is responsible for which debt. So in the case of a divorce without a prenup, there would be an equitable division of assets. However, with a prenup, you can divide the assets up how you want. This will make for a more straightforward (and hopefully cheaper) divorce proceeding.

The document is legally binding and signed before marriage. Ideally, you would have a prenuptial agreement drafted and signed at least 30 days before the date of marriage, and you should begin negotiating at least three months before the date of marriage. The courts think that this is enough time to suggest that you reviewed what you were signing and that you didn’t sign it under duress. Finally, a prenuptial agreement will say who gets what in the divorce. If you decide to get a prenuptial agreement, you will need to get it made in advance. Both parties must have time to review the prenuptial agreement with independent counsel. This is so the court knows that the parties were not coerced into signing an agreement that might be unfavorable.

The main things that a prenuptial agreement does is keep assets separate from the martial assets. Washington is a community property state, and ordinarily, the community property assets would be divided up equitably. A prenuptial agreement would keep the assets you wanted separate from the marital community. It would be wise to do this if you wanted to keep some financial independence from your spouse. Some people keep all of their finances separate and split all of the household bills, while never comingling bank accounts. Also, a prenuptial agreement can say if inherited property is going to be separate property or not.

It can also outline who is responsible for which debts. It is important for both parties to be forthcoming when drafting a prenuptial agreement, because an omission can render the prenuptial agreement invalid.

It is worth noting that a prenuptial agreement cannot include child custody or child support, because it is against public policy. States think that children’s welfare is a matter for the courts to decide because it is a matter of public policy.

If you are seeking legal assistance with prenuptial agreements, adoption, estate planning, probate, real estate transactions, business law, bankruptcy or debt settlement, please don't hesitate to reach out to the experienced team at Limitless Law PLLC. We're here to help.

Call 360-685-0145 or click here to learn more.

The Exciting New World of Social Purpose Corporations

Tue, 14 Oct 2014 00:12:00 GMT

There’s a new type of company in town (in Washington State) – the “Social Purpose Corporation”! This new invention has some people very excited and there are some definite pros and cons to this type of corporate format.

On the one side of the corporate spectrum, we have profit corporations, which are formed for the sole purpose of maximizing shareholder profit. On the other side of the spectrum, we have non-profit corporations, which are not designed to make a profit for shareholders but rather to enrich the community in some way.

A social purpose corporation is a for-profit corporation. That means it can make money! But what sets it apart from normal C-Corps or S-Corps is that it has a “declared social purpose” beyond maximizing financial gains, such as a specific environmental or humanitarian goal, which will inform the company’s actions and daily functioning. Each SPC must issue an annual report detailing how the company is accomplishing its social purpose

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The 411 on Your 341 Meeting

Thu, 18 Sep 2014 20:11:00 GMT

When you file for bankruptcy, you are required to have a "341 Meeting of Creditors". The 341 meeting is where you meet with the trustee in your bankruptcy case. Your trustee is kind of your case manager for your bankruptcy, overseeing your paperwork and making sure the process goes smoothly. The meeting of creditors allows for an opportunity for those who you owe money to, your creditors, to appear, although many times no one else shows up.

Before your actual meeting date, but after you file your petition, you are required to submit a number of documents. First, you will need all Payment Advices/Pay Stubs for the 60 days prior to the filing of the bankruptcy petition. You will need to produce these documents to the trustees no later than 7 days prior to the 341 meeting for a Chapter 7 bankruptcy, and no later than 14 days after the filing of the petition of a Chapter 13 bankruptcy. You should redact all but the last 4 digits of the social security number on the pay stubs. Next, you will need to produce a federal tax return for the most recent tax year ending immediately before the commencement of the case for which a Federal income tax return was filed. You must get this tax return to the Trustee no later than 7 days prior to the 341 meeting. Next, you must provide statements for your depository and investment accounts, including checking, savings, and money market accounts, mutual funds and brokerage accounts for a time period that includes the date of the filing of the petition. You must turn these statements in no later than 7 days before the 341 meeting. Next, you must provide documentation of monthly expenses claimed by you. These monthly expenses should be turned in no later than 7 days before the 341 meeting with the Trustee. Finally, you must provide a schedule of executory contracts and unexpired leases. You will want to provide this documentation no later than 7 days before the 341 meeting. The trustee can also ask for additional documents at his or her discretion.

When you appear at your meeting, you must provide two forms of identification - both a picture ID and proof of social security number. The picture ID can be a driver’s license, student ID, State ID, US Passport, Military ID, Resident Alien Card or Mexican Consulate Card. The proof of your social security number can be your social security card, medical insurance card, pay stub, W-2 Form, an IRS 1099 Form, and Report from the Social Security Administration.

Once you have provided the trustee with your documents and proof of identity the usual 341 meeting is usually a quiet proceeding. While you should be respectful you can rest easy that as long as you answer truthfully and your bankruptcy petition was not missing anything major you should be able to proceed without a problem. The trustee will ask you to confirm if anything has changed since you filed your petition and depending on your case might ask for a few more documents or ask you about some specifics about your income, expenses, and property.

Call 360-685-0145 or click here to learn more.

I-502 – Can a business lawyer be your cannabis business lawyer?

Fri, 01 Aug 2014 17:45:00 GMT

I recently had the opportunity to attend another great legal seminar on the ever-changing landscape of the cannabis business here in Washington State. I attend educational workshops on this topic regularly, to stay informed and up to date on the issues, because several of my clients are holders of or applicants for I-502 licenses. It is a relatively new area of law, and the interpretation of the regulations continues to evolve, so it pays to have an attorney who stays current on the changes as they happen.

This most recent seminar was on the topic of employer rights and responsibilities in light of the passage of I-502. We learned that, now more than ever, it is vital for employers to explicitly state their substance usage policy in a written employee policy manual and to enforce those policies in a uniform fashion, in order to maintain compliance with state and federal law.

I have also had the pleasure of taking seminars on other topics related to I-502, including the history of cannabis law in Washington, as well as challenges faced by cannabis businesses. My belief is that a cannabis business should be formed on the same solid foundation as any other business, with added safeguards to account for the unique legal and accounting challenges that your business may face.

If you are running a cannabis-related business, or are interested in pursuing involvement in this growing industry, call us at (360) 685-0145 to schedule your consultation.

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What can we do for you? Our Mission Statement

Wed, 09 Jul 2014 15:23:00 GMT

Our Mission Statement is:

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Announcing…Our New York Neighborhood Office!

Mon, 30 Jun 2014 23:02:00 GMT

We are proud to announce that we now have TWO great offices in the Bellingham area to meet the unique needs of our clients. Our new office is at Gateway Centre in the historic York Neighborhood – 1313 East Maple Street (next to the infamous Boomer’s Drive In). It features MORE space, including conference rooms for larger meetings as well as a friendly reception staff to assist our incredible clients. Another nice feature of the new York Neighborhood office is that it offers FREE parking for clients!

We are also available at our original downtown Bellingham location, for the convenience of our clients who live and work in the downtown area. Our downtown office is near the courthouse and post office, among other amenities.

It is our pleasure to serve Puget Sound with our expanded office space. Give us a call today at (360) 685-0145 to schedule your consultation and take care of those pesky legal issues you’ve been avoiding!

Call 360-685-0145 or click here to learn more.

Bellingham Pride is Just Around the Corner and We Will Be There!

Wed, 18 Jun 2014 19:14:00 GMT

Did you know that “Bellingham Pride”, Washington’s own Pride Festival is happening on July 12 ^th and 13 ^th , 2014, just one month from now? I was surprised to find that even some long-time residents of Whatcom County don’t know that Bellingham has its very own Pride Festival, which has been an annual tradition for 14 years, featuring a parade and Pride Fair with vendors, children’s activities, and of course, LOTS of rainbow beads. The 2014 Festival will also feature something new – attorneys!

This year, we are proud to be a part of Bellingham Pride and we will be sponsoring a booth at the Pride Festival on July 13 ^th at the Depot Market Square (home of the Saturday Farmer’s Market) – we will be giving away lots of rainbow-themed lawyer-type swag and yes, lots of beads so come by and say hey to Whatcom County’s premier law firm offering services to the LGBT, queer, ally and Polyamorous communities, including specialized estate planning, real estate transaction services, probate assistance, bankruptcy, pre-nuptial agreements and more.

For more information about Bellingham Pride, check out the official website at www.bhampride.org .

Call 360-685-0145 or click here to learn more.

FastCase Daily Case Digest: Our Secret Weapon

Mon, 02 Jun 2014 15:39:00 GMT

The law is constantly changing. Especially these days, things move incredibly fast in the legal world. Too fast even to wait for books to be published and shipped or for other, slower methods of legal education for attorneys. That is why we commit a significant amount of time to attending legal seminars taught on the frontlines of the legal field in areas such as estate planning, business law and even law office management in order to increase our knowledge and improve our firm.

Another secret weapon in our arsenal is the Daily Case Digest from FastCase. This amazing tool sends out a summary of the latest cases from the Supreme Court, Court of Appeals and other important court decisions each day, so that we remain informed and updated on the latest case law and changes affecting our clients and their interests.

When you consult an attorney, consider asking your prospective new lawyer if they stay updated on their skills and knowledge through attending continuing education classes in your area of interest or through a case subscription service like the Daily Digest.

Call 360-685-0145 or click here to learn more.

The Secret Life of…Estate Planning

Fri, 23 May 2014 20:40:00 GMT

I have been doing some research recently on estate planning needs in my local community, and uncovered some shocking statistics on the high number of Americans who have not yet created an estate plan (of course, you know what they say about statistics, but I think that these numbers paint a picture, so I will share them with you):

Statistics like these are the reason why I am proud to focus on estate planning needs, especially for people who are taking care of their estate plans for the first time. I love teaching people about estate planning and helping to demystify the process, making it easier than they thought possible. It is my pleasure to assist LGBT families with their unique estate planning needs. If you are one of the large percentage of people without a will (or you have not updated your plan lately), now is a great time! Next Generation Legal Services would love to help.

Though the studies I read did not discuss this, I suspect that an even smaller percentage of the population takes the time to, as I recommend, review their estate plans every five years or more frequently to ensure that all documents are up to date and then update their plan if necessary by changing beneficiaries, trustees, executors or other key details. Remember, a good estate plan can last many years with some basic maintenance but good planning does not mean “set it and forget it”.

Call 360-685-0145 or click here to learn more.

Introducing Right-Pricing for Legal Services

Mon, 19 May 2014 18:16:00 GMT

The Billable Hour is “So Five Minutes Ago”!

For decades, attorneys have customarily billed clients “by the hour” and so, the first question I am often asked by a potential client is: “what is your hourly rate”? We are challenging the “billable hour” with our very own flat-rate legal services.

Despite the ubiquity of hourly billing in law offices across the nation, a small number of revolutionary firms are doing away with the billable hour model and introducing flat-rate or “up-front” billing. With this new concept, the cost of the project is discussed, negotiated and paid up front so that there are no misunderstandings or surprises experienced later when hours pile up and bills end up larger than expected, as might happen with the billable-hour model.

My own experiences with hourly billing have led me away from the billable hour and toward the up-front model of attorney billing. I believe that finances should never get in the way of a healthy attorney-client relationship and so the cost of representation should be discussed and taken care of up-front. With flat-rate billing, clients need not worry and watch the clock when calling or meeting with their lawyer but rather can ensure that all of their concerns and questions are addressed.

This firm will be now be offering exclusively up-front flat-rate legal services whenever possible. It’s the way of the future!

What do you think of the revolution? Should we kill the billable hour?

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Secure Client Portals – What are they and how do I get one?

Tue, 13 May 2014 23:10:00 GMT

If you have visited a doctor in the 21 ^st century, you have probably been invited to visit a “Patient Portal” to view your patient records and test results onine as well as your doctor appointments.

Did you know that we have harnessed this powerful technology for use in the legal world?

You can learn more about our firm's Secure Client Portal by watching this helpful video: https://mycase.wistia.com/medias/fqxtzpeovj

As our client you have 24/7 access to all of your files online, password protected and secure. Never again worry about losing track of your paperwork, it is all on one screen, ready and waiting for you.

You can also view your upcoming appointments with your attorney, send your lawyer secure messages within your online portal, view your invoices, pay your bill online, and directly upload documents to the secure server to share updates with your attorney rather than sending documents through gmail or other insecure methods!

If you haven’t signed in to your Secure Online Client Portal yet, try it today and take advantage of all of the benefits!

Call 360-685-0145 or click here to learn more.

Why I Started a "No Desk" Law Firm

Thu, 03 Apr 2014 05:21:00 GMT

Earlier in my career, I worked as a law clerk in a smaller law firm in a smaller Pacific Northwest city. We had a client who I always thought of as one of our “best clients”. Now, I know an attorney isn’t supposed to have favorites and I am fond of all of my clients, but this particular client was always friendly and kind and generally a pleasure to do business with.

Over the years, I had learned that the pride and joy of this man’s life was his son, who was an officer in the military. One day, when I happened to be away from the office, my client brought his son, who was home on leave, to our firm to visit his attorneys. This turned out to be a moment that defined not only my managing partner’s relationship with this client but also forever changed my philosophy on client service. Why? Because when my client, who had been bringing his legal matters to our firm faithfully and loyally for years at that point, brought his son, the most important person in his life, to meet his attorney? The lawyer did not even get up from his desk to shake his hand.

From that day forward, the attorney’s relationship with that client was never the same and he ultimately ended up leaving the firm. What does this story teach us about caring for our clients, our customers?

I believe that for some attorneys, a desk serves as a means to separate us from the people we are supposed to be serving. Many years ago, desks perhaps served a necessary purpose. Office machines were bulky and needed large amounts of surface area upon which to rest – calculators, huge desktop computers, printers, and copiers, typewriters, not to mention Dictaphones! Nowadays, almost all of these functions can be (and here ARE) performed by a single laptop computer, or even a tablet or a smartphone. Technology that can fit on your lap or in the palm of your hand. I would propose a bold premise: the desk is dead! Desks are obsolete. We are a desk-optional society!

Let’s talk about the advantages of the “no desk lifestyle”. Replacing desk-barriers and uncomfortable chairs that make clients want to FLEE from their attorney’s office with comfy armchairs makes me feel eager to come to work every day. It makes my clients happy to come see me, and happy to stay as long as they need to in order to tell their story and complete the important work we are doing together.

So, I decided not to let a piece of furniture get between me and my clients. How about you? Are you tired of being “chained” to your desk? Feel like putting your feet up once in a while? Do you think your workspace should work WITH you instead of against you and your clients?

Call Limitless Law at 360-685-0145 to discuss setting up a strategy session with an attorney to answer your legal questions and learn more about your legal rights and options.