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Probate Attorney

Administering an estate after a loved one passes can be a very stressful and difficult time for many people.

Probate is the court-supervised process used to distribute the estate of the deceased. The probate process consists of:

  • filing a petition with the court to appoint a personal representative
  • paying off debts
  • distributing assets
  • filing an inventory of the estate
  • closing the probate

Probate can be a lengthy and costly process. A Probate with no hiccups can take about six months. A Probate with problems or contentions can take even longer. Appropriate Estate Planning can prevent friends and family from having to go through the Probate process, however, if a Probate is necessary our office can guide you each step of the way and help make an unfortunate situation a little less difficult.

The Affidavit Procedure

Some estates can be administered by utilizing the Small Estate Affidavit procedure. For this process, the estate must be valued at less than $100,000.00, must not consist of real property, and forty days has passed since the date of death. This is a simple process that we can help you with.

“Holland is truly one of the most sincere and professional attorneys I have come to know and over many years in the legal field. Her work is innovative in the complex area of estate planning and she strives to know the latest legal strategies to protect and represent her clients. Holland is dedicated to satisfying her clients’ needs and does it in a kind manner. She is a wonderful communicator both with her clients and with her colleagues. I highly recommend her to anyone in need of legal services.”

–LEESA VAN ZANDT

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LOCATION

621 W Mallon, Suite 306
Spokane, WA 99201
INSIDE THE FLOUR MILL
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CONTACT

Business Phone: (509) 325-5222
FAX: (877) 331-5798
Email: info@evergreenelderlaw.com

RECENT ARTICLES

TOP ATTORNEYS / 2017

A BEACON OF LIGHT IN ELDER LAW & ESTATE PLANNING

MAKING A DIFFERENCE in the community and helping people were two reasons Holland McBums became an attorney. Evergreen Elder Law focuses on estate planning, probate and assisting clients and their families with accessing long-term care benefits without going broke. Holland takes a team-centered and holistic approach to helping families resolve these issues.

Because elder law requires great attention to detail and follow through, Holland receives the most satisfaction from her work when she has successfully helped a family achieve a happy resolution to their legal issue. Recently, Holland has authored a book on elder law and estate planning in Washington State using her vast knowledge and experience in this area of the law. As a way to give back to the elderly community she intends to disseminate this for free in the hopes that is will help people better understand their options as they think about their long-term care and estate planning goals.

To help more people, Holland has grown her team of staff to seven, including another attorney, legal assistants, paralegals, a firm administrator, and a client engagement specialist. “I am proud of the team we have been able to recrnit,” says
Holland. “With such an exceptional team, we are able to provide our clients with equally exceptional services and results. It is beyond satisfying to be able to work alongside them and to offer our clients unparalleled service.

Caring Transitions of Spokane Interview (audio)

Host Michael Begley, owner of Caring Transitions of Spokane, speaks with Holland McBurns. Holland is an Elder Law attorney at Evergreen Elder Law in Spokane. She is accredited with the Veterans Administration to help clients receive their Aid & Attendance Benefit and can help clients preserve their assets when dealing with Medicaid. Furthermore she works on cases related to probate, estate planning and long term care. Don’t miss this podcast, there is a lot of great information.

Alzheimer’s Awareness Month: The Costs of Dementia

November was Alzheimer’s disease and Awareness month. It’s the perfect time to educate people about the disease of Alzheimer’s (and other dementias) and the effects of the disease on its victims and their loved ones. In this edition of the ElderCounselor™, we are going to focus on the high costs associated with dementia during the final years.

read more…

Veteran’s Benefits for Senior Veteran’s and Surviving Spouses

There is a little known benefit available to Veteran’s and their surviving spouses to help pay for long-term care. This is the Aid and Attendance Pension benefit which is a cash benefit that is tax free. Why is this benefit important? Many seniors today are faced with the ever-rising cost of long-term care and the question is how will they be able to pay for care without going broke. In Washington State, longterm care costs continue to rise each year. For example, Assisted living costs are often well above $4,000 a month depending on the particular needs of the senior. Skilled Nursing facility monthly costs are peaking at often over $9,000. Many seniors find themselves selling their homes and depleting their assets in order to pay for care for themselves or their ill spouse. The Aid and Attendance Pension benefit can help. This monthly cash benefit is available to Veterans and their surviving spouses to help pay for and offset the continued rising costs of long-term care.

While the VA offers a plethora of benefits, such as home loans and burial benefits, the Pension Aid and Attendance benefit is a specific benefit for seniors who need help paying for long-term care. One of the often misunderstood things about this benefit is that the veteran does not need to have a service related illness or injury.

There are however certain criteria that must be met in order to be eligible for this benefit. First, the veteran must have served 90 days of active duty and one of those days must have been during a period of conflict. The periods of conflict are as follows:
WWII: 12/7/1941 – 12/31/1946
Korea: 06/27/1950 – 12/31/1955
Vietnam:08/05/1964 – 05/07/1975
Persian Gulf: 08/02/1990 – Present

Although one of the 90 days must have been during a period of conflict, it does not need to be in country, the veteran must simply have been enlisted and in active duty. Second, the veteran must have a discharge other than ‘dishonorable’.

In addition to the time in the military, the veteran or surviving spouse must meet the medical test. This includes needing assistance with at least some of the following: bathing, toileting, general hygiene, meal preparation, medication management, transferring, and transportation. Most seniors with high costs of care already satisfy the medical test.

The final qualifications are that the veteran or surviving spouse must meet an asset and income test. The asset test is a complex formula that takes into account all of the ‘countable’ assets that the veteran or surviving spouse owns at the time of application and their life expectancy. Determining whether you qualify for the asset and income part of the test can be complex and difficult to understand. An accredited VA elder law attorney should be consulted.

Satisfying the income test considers your gross income minus your medical expenses. The resulting figure is considered your income for VA purposes. The veteran or surviving spouse must have high recurring medical expenses to qualify. For example, If a surviving spouse has income from social security and a pension that total $3,000 a month, and needs to reside in an assisted living facility with a monthly cost of care at $4,000, the surviving spouse has an ‘income’ for VA purposes of -$1,000 and would satisfy the income part of the test. Typically, the need for longterm care will always satisfy this income test for VA purposes.

If you think you have too much income or assets, do not be mistaken. Determining which assets are countable and how many you can have can be complex and confusing. There are also many strategies that can be utilized to qualify for both the income and asset part of the test. We recommend that you always speak with a VA accredited elder law attorney to see if you qualify for this cash benefit.
The cash amounts are paid directly to the veteran or surviving spouse on a monthly basis for the remainder of their lives. This cash benefit is also tax free. The total benefit received is often substantial, particularly when added up over a lifetime. The monthly cash benefit amounts for 2015 are as follows:
Veteran’s Pension: $1,788
Veteran’s Pension with one dependent: $2,120
Surviving Spouse: $1,149

The benefit continues for life and can have a huge impact on the level and quality of care for senior veterans or their spouses. For example, if a veteran qualified for the Aid and Attendance benefit with one dependent and is in long-term care for the next 5 years the total amount received would exceed $125,000. Too many veterans and/or surviving spouses don’t take advantage of this benefit because either they don’t know about it or don’t understand the complex qualifications.

The VA Aid and Attendance benefit can be difficult to navigate and determine if you actually will qualify, but it is an incredibly underutilized resource that more veteran’s and their surviving spouses should take advantage of. Consulting with a VA accredited elder law attorney is the best way to find out how to obtain this cash benefit. Don’t delay. This cash benefit could help prevent your family from going broke paying for long-term care.

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