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Probate attorneys in Kitsap County

What is probate?

When someone dies, probate is the legal process for establishing the validity of their will or determining who should receive the possessions of someone who died without a will. Washington State has one of the shortest probate processes in the country. It is usually concluded within six months.

Yet, even with a will probate can be complex. This is especially true for administrators and executors for whom this is the first time. If you are in that position, let one of our probate attorneys guide you through the process to assure that you are implementing your friend or loved one´s wishes and preserve the estate.

3 stages of probate

Probate has three stages. Opening, administration, and closing.

You open the probate by asking the court to prove the will (recognize it) and appoint the executor. The executor then notifies all parties including heirs and beneficiaries and the banks, mortgage companies, insurance companies and other entities that hold or are concerned with the estate assets.
Then comes the work of administration. Tasks include paying debts and managing and, in some cases, liquidating assets.
You close the estate when you distribute the assets to the beneficiaries. The final task is filing a report with the court.

If there is no will, the court will appoint an executor based on a list established by law. The executor will then distribute the assets based on the law for estates without a will.

Most people who are assigned the job of executor have never handled probate before. Even if you are completely new to the process or to financial matters, the law will hold you accountable for mistakes and loss due to those mistakes, if you are the administrator or executor. Thus it pays, to spend some time consulting a probate attorney during the process.

We can guide you

John Groseclose

Norman Short

Bring all your questions to John Groseclose and Norman Short. They will explain the process in detail, assist you with the forms and be available to answer your questions. Either Norm or John will expertly take on any portion of the process you assign them. Set up an appointment today.

Make an appointment today with one of our probate attorneys in Port Orchard and Bainbridge Island.

Call or message us for a consultation.

Based in Port Orchard, WA with a branch on Bainbridge Island, GSJones Law Group, P.S., represents Kitsap County residents, as well as clients from throughout surrounding counties and communities. Among the communities are Gig Harbor, Bremerton, Silverdale, Seabeck, Belfair, Banner, Olalla, Poulsbo, Bethel, Navy Yard City, Fernwood, Purdy. Clients also come from Bainbridge Island and Vashon Island, as well as surrounding areas in Mason County, and Jefferson County.

Meet Kimberly Hammit, our firm’s newest attorney

Posted on May 1, 2018 by Jolinda Stephens

Kim Hammit brings experience in business formation, estate planning, real estate law

“I am passionate about serving each client & love helping them overcome the challenges that bring them to see a lawyer.”

We are proud to welcome Kimberly Hammit to our firm. She comes to us from a solo practice in Port Orchard where she served small businesses and individuals in estate planning, business formation, and real estate law.

In addition, she looks forward to working with our personal injury and employment attorneys to add those foci to her practice.

Kim is a bit of a maverick. Instead of law school, she chose to study through the WSBA (Washington State Bar Association) APR 6 Law Clerk program. It is based on the venerable practice of reading for the law which predates law schools by centuries. She combined working as a law clerk and intern with studying on her own and with a tutor the same courses offered in law schools. The requirements included reading 12,000 pages of casebooks and 48 monthly exams, all overseen by the state bar association. She took the same bar exam as law school graduates.

She was admitted to the Washington State Bar in 2013. Using the skills she gained as a law clerk, she opened her own law firm that same year.

Kim loves challenges, maintaining high integrity and a sustainable lifestyle

“I decided to join forces with GSJones,” Kim said, “in order to devote more time to practicing law as opposed to managing a law firm and to further develop my skills with a highly-regarded and well-rounded practice.”

Kim, her husband, and three children enjoy the Peninsula outdoor lifestyle—camping, boating and gardening. Avid DIYers, Kim and her husband enjoy teaching sustainable living skills to their three children. The family raises livestock, gardens, hunts and fishes together. And most exciting of all, they are restoring a 1965 Chevy Bel Air. They love to tackle anything they can with their own hands, no matter how great the challenge.

Is joint ownership a good substitute for a will?

Posted on October 13, 2017 by Jolinda Stephens

The short answer is probably not.

Joint ownership is sometimes called the poor person’s will or the lazy will, although it is the most common form of estate planning. Its chief advantage is that it avoids probate. Yet, it brings with it a host of problems. Keep in mind that there are different kinds of joint ownership and all have their problems.

Here are the main ones:

1. The joint owners can be responsible for each other’s debt.

Creditors for your co-owners may attach your jointly owned property to satisfy their debts. Bankruptcy, a legal judgment against a co-owner, or a tax lien are most likely to cause problems. For example, suppose you add your daughter as a joint-owner of your home. If she defaults on a personal debt, your home could be sold to satisfy the debt. You will likely receive half the proceeds of the sale of the house, but you are out of a home with only half the funds you need to replace it. In some states tenancy by the entirety will protect each person from the debts of the other.

2. Your survivor is not bound by your wishes in passing on the joint property after your death.

Your survivor can do anything he wants to with the jointly-owned property he inherits. If you want to control how property is distributed to your children or charities, you need a will.

3. You may need approval from joint owners to sell or refinance the jointly-owned property, such as your home.

When you share ownership through a tenancy by the entirety, every joint owner you have must agree to major decisions. You may have been the sole decisionmaker of your business that you built from nothing. Yet, if you have made your children joint owners, major financial decisions will require their approval. Lines of credit increases and other routine matters can require a lot of discussion. These transactions can be further complicated if one of your co-owners becomes incapacitated or untrustworthy.

4. You co-owner may be able to make key decisions without your approval.

On the other hand, if you use a tenancy with right of survivorship, your co-owners can use or sell any part of the jointly owned property.

5. It can increase taxes.

Uh oh. You were hoping to save taxes through joint-ownership. To the contrary, you could incur additional taxes and even paperwork.

The gift tax

You can incur gift taxes and extra paperwork if you purchase a home with your money and put it in joint tenancy with a domestic partner. IRS rules consider that to be a gift whose value exceeds the gift limit.

Capital gains tax

IRS calculates capital gains on the sale of a home based on the increase in value from the date of purchase. If you sell a home which is jointly owned, all owners must pay taxes based on the total increase in value, regardless of when they became owners. On the other hand, capital gains accrue for heirs only based on the difference between the value when they inherited the home and the value at sale.

If joint ownership isn’t the answer, what is?

There are a number of options to ensure that your property reaches the people or causes you want with the least waste of time, effort and costs. Wills, trusts, and family-owned entities will serve you much better. Check with one of our estate planning attorneys today. A 30-minute consultation is free.

Norman Short, partner, 24 years experience in estate planning business and tax law

Robert Garrison, 38 years experience, including estate planning, consumer issues, and family law

Sylvia Seybold is often the choice of younger families. She combines estate planning experience with family law

Digital estate planning

Posted on July 17, 2017 by Jolinda Stephens

What are your electronics, blog, and online photos worth?

You may have worked with an estate planning attorney to carefully plan your family’s financial future. But did you include your digital assets in that plan. The average adult believes their electronics, socially shared content and blog are worth about $50,000. For many of us the most valuable asset is irreplaceable. Our photos and memories that we share on Facebook, Twitter and Instagram. Other intellectual property may have a market value, a blog with a good following, for instance. Have you made plans for what happens to those when you die?

You probably need to redefine the role of your executor because standard wills and trusts do not address digital accounts. The laborious process that Facebook requires for family members to get access to the account of a deceased loved one adds significant stress to an already overwhelming experience. Because most social accounts restrict access to the account holder and exclude even an executor without explicit written authorization, it is wise to amend your clause on the executor in your will or estate plan to grant permission.

Digital estate planning for financial information

Do you access your bank and investment accounts online? In addition, your insurance and other key documents may only exist in digital form. Your executor needs easy access to this information to settle your estate and close down accounts. We can’t overemphasize the importance of quickly accessing accounts. The chances of identity theft increase upon death.

Updating your digital estate plan

Do you already have an estate plan drawn up by an experienced estate planning attorney? Then, it will just take a quick meeting with an attorney knowledgeable with digital estate planning to eliminate social media problems for your heirs. At GSJones Law Group, we have three experienced estate planning attorneys. They can quickly add digital estate planning to your existing estate plan. And, if you have not gotten around to estate planning, there is no time like the present.

Norman Short

Bob Garrison

Sylvia Seybold

Estate planning lawyers, wills and probate

Estate planning law for all adults

Every responsible adult can benefit from consulting one of our estate planning lawyers. We tend to think that estate planning is only for the wealthy and elderly. Yet, if you have people who depend on you, one of the best things you can do for them is to begin planning now.

Wills, trusts, health care directives and powers of attorney protect you and the people you love. Make estate planning a part of your roadmap to your financial goals. Let us guide you as you chart your course to a secure future.

Your will: Family changes and moving to another state usually require changes to your will. Changing your will every time your financial situation changes significantly is a smart move. Our attorneys will also review your existing will to make sure it can withstand a challenge.
Trusts: Determine which type of trust best meets your needs. Is it a special needs trust, a testamentary trust, a revocable living trust, an irrevocable living trust or a charitable trust?
Powers of attorney and health care directives: Who would handle your affairs or make medical decisions for you if you became incapacitated?
Probate: Do you need guidance in fulfilling your duties as the executor of an estate following the death of a family member?

Experienced estate planning lawyers can guide you to the best plan for you.

Sara, Humphries, child dependency, civil defense, appellate law and estate planning

Both Sara Humphries and Norman Short bring advanced legal training (LL.M.). In addition to that training and a focus on estate planning, he brings more than a quarter-century in tax law, IRS representation and business law to his work with estate planning. This means that he can help you with estate planning that involves complex tax situations, as well as business ownership. Sara Humphries brings her extensive experience with family law to her focus on estate planning.

They will:

advise you of your rights;
help ensure that assets are transferred according to your wishes after death;
help prevent or respond to probate litigation;
assist out-of-town family members when a loved one dies in Washington, leaving estate matters to be resolved.

They are happy to advise you in special cases, such as:

Small probate cases, perhaps involving only a car or other limited amounts of property
Intestate succession: a case of someone dying without a will
Estate matters for individuals dying without children or identifiable next of kin (perhaps your neighbor or friend)

Contact us to plan for your family’s future today

Learn more…

Key terms

Estate: Literally, everything you own, including that old car you keep saying you’re going to fix up, but also the big stuff like your bank accounts, businesses and home.

Estate planning: The preparation for transferring all that you own to others when you die or become incapacitated. It includes various ways of protecting your assets in the transfer.

Estate Tax: A tax applied to your estate upon transfer to the heirs. The estate tax only applies to the wealthy, multi-millionaires.

Trusts: There are a number of different types of trusts. The most common types are similar to a will in that they direct what happens with at least parts of your estate. The difference is that they can be in effect while you are alive. They are often used to reduce estate taxes and avoid probate

Wills: A Last Will (and testament) contains the instructions about what to do with your estate at your death. A Living Will states your wishes for your medical care if you are unable to make those decisions.

Probate: Check out our page on the probate process.

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Make an appointment today with one of our estate planning lawyers at our Port Orchard or Bainbridge Island offices!

Contact us for a Port Orchard or Bainbridge Island estate planning lawyer appointment. Based in Port Orchard, WA with a branch on Bainbridge Island, GSJones Law Group, P.S., represents Kitsap County residents, as well as clients from throughout surrounding counties and communities. Among the communities are Gig Harbor, Bremerton, Silverdale, Seabeck, Belfair, Banner, Olalla, Poulsbo, Bethel, Navy Yard City, Fernwood, Purdy. Clients also come from Vashon Island, as well as surrounding areas in Mason County, and Jefferson County.

GSJones Law Group, P.S.

COVID-19 Update: Call 360-876-9221 for phone and video appointments; in-person appointments are suspended. PLUS Special phone consults with our employment attorney. For more resources and information, check out our COVID-19 blog posts

Who We Are

GSJones Law Group, P.S., the law firm that meets all your legal needs.

7 lawyers 150 years experience

A team approach with a 360° look at your legal concerns

Stressful Family Times?

Divorce, custody, adoption, separation plus interstate family law, domestic violence emergency orders.
Our family law attorneys will guide you to meet your needs with the least distress possible. As a result, you can move on with your life.

Think Estate Planning is only for the wealthy and elderly?

Our Estate Planning lawyers work with many ages and income levels.
We help you protect your family through all the surprises that life and death can bring. For example, some areas include Living Trusts, Wills, Powers of Attorney, Living Wills, Irrevocable Trusts, and Charitable Gifting Strategies. We help you find just the right instruments for you. In addition, we guide probate administrators.

Have a business or want to start one?

Our business attorneys is here to help you every step of the way.
Beginning with your business formation and tax setup, we guide you as you set your business on a safer and firmer footing. We draft basic contracts and forms. In addition, we review or draft personnel manuals and policies. We make startups easier and keep you on a winning path. Later, we can routinely review your contracts, bring an expert eye to a personnel issue. Eventually, we can review your original business and tax decisions. As a result, you may determine changes that will make you more profitable.

Injured?

Our experienced personal injury attorney will fight for you
We stand ready to guide you through the process and fight fiercely for what you need. Call us for a free case evaluation.

Need help with tax penalties, traffic or criminal charges?

You won’t find more effective representation than our tax attorney (25+ years dealing with IRS) or our criminal defense attorney (former prosecutor).

Life is not always simple. Your legal needs may be complex. Our lawyers work together to meet whatever life throws at you.

Our experience and regular practices encompass 15 major areas of law. Due to this diversity of experience, we can view your case from many angles. A divorce or custody matter may involve changing a trust. One of our estate planning attorneys can work with your family law attorney. Or work on a Visa may require experience in transnational adoption to advise our immigration attorney.

Our Partners, David Jones, Norman Short and John Groseclose,
bring 60 years experience in
personal injury, family law, tax, business and estate planning law

Clients appreciate the GSJones Law Group team approach

Your legal concerns are of great significance. Critically important issues may include

property loss
large sums of money
jail versus freedom
strengthening or weakening of family ties
debt oppression versus debt relief
health or demise of a business
approved or denied immigration status
timely versus delayed administration of an estate.

Notably, our extensive trial experience is a critical asset for our clients. However, the vast majority of our clients’ goals are accomplished without a need to go to trial. When it becomes necessary, we are prepared — and we work hard to ensure that our clients are prepared as well. We guide you through some of your most challenging times and help you plan for a better future. We are experienced in your world – the world we find in Kitsap County of families, work and small businesses.

Clients appreciate our commitment to our community

Because we are longtime members of Kitsap County, our lawyers and staff are active members in many and varied ways in our communities. We work to ensure that folks here have access to the courts regardless of their means. In 2019 the Kitsap Bar Association recognized the 400 hours of volunteer services our lawyers and other staff provided in 2018 with the Humanitarian Award. Many serve on the board and as volunteers with Kitsap Legal Services. Recently, one partner began working with non-profits that help immigrant children with legal needs. In addition, our criminal law attorney takes court appointments. Two of our partners serve the legal community through serving as Judge Pro Tem, commissioner for settlement conferences, Continuing Legal Education leaders, and guardian ad litem. Some are also active in the community services Rotary Clubs provide.

From church choirs that perform at prisons to organizing popular marathons and working for food availability our lawyers and staff volunteer work to make significant differences in Kitsap communities.

Contact GSJones Law Group with offices in Port Orchard and Bainbridge Island

Call or message us to schedule an initial consultation. Located in Port Orchard and Bainbridge Island, we provide full service to Kitsap County and surrounding communities including Bremerton, Silverdale, Seabeck, Gig Harbor, and the area Naval facilities.