Berner Law Group, PLLCEverett Law Firm2026-07-09T14:30:47Zhttps://www.bernerlawgroup.com/feed/atom/WordPress/wp-content/uploads/sites/1104794/2026/03/cropped-BL_-site-icon-32x32.jpgOn Behalf of Berner Law Group, PLLC<![CDATA[Understanding property division in Washington State]]>https://www.bernerlawgroup.com/?p=503632025-11-14T06:17:05Z2025-11-14T06:10:45ZWhat is community property?
Community property refers to all your jointly owned marital assets and debts. Seven common types of these include:
Earned income from employment
Personal property (e.g., jewelry, artwork, cars)
Real estate property
Joint bank accounts
Retirement accounts
Business properties
Debts and loans taken during the marriage
Although community property states practice an equal division of marital property, the Washington courts are guided by the “just and equitable” principle. In this process, the judge will seek to divide your marital property in a manner that is fair for both parties.
What is separate property?
Also known as non-marital property, separate property refers to any asset that either party owned before the marriage. Additionally, your respective inheritances, gifts and debts will remain yours to manage after the divorce.
However, it is vital to remember that if either you or your spouse has used a “non-marital property” to fund a “marital property”, those assets will become community property.
For example, you deposited 20% of your inheritance funds into a joint account. You then used the funds to buy a family camper van. Since the two funds have been mixed and used for the household, they will be considered as community property.
Do I need to hire a lawyer?
Although hiring a lawyer is not a strict requirement for divorce in Washington State, working with one can help make the legal processes easier to manage, especially if you and your spouse own complex property and assets.]]>On Behalf of Berner Law Group, PLLC<![CDATA[How can I protect my assets from creditors in my estate plan?]]>https://www.bernerlawgroup.com/?p=503612025-08-14T14:02:02Z2025-08-14T14:02:02ZWhen planning for the future, it’s important to consider how creditors might affect your estate. If you’re concerned about protecting your assets from creditors, several strategies can help keep your property safe and secure.
Use a revocable living trust
A revocable living trust allows you to manage your assets during your lifetime and distribute them according to your wishes after your death. While it doesn’t provide full protection from creditors, it can help avoid the probate process, which may expose your estate to creditors. It also gives you more control over the distribution of assets.
Consider an irrevocable trust
An irrevocable trust can offer stronger protection. Once assets are placed in this type of trust, you no longer own them. This means creditors typically cannot access them. However, it’s important to understand that an irrevocable trust can’t be changed or canceled once established.
Utilize tenancy by the entirety
If you’re married, tenancy by the entirety is a form of property ownership that protects assets from creditors. In Washington, for example, property held in this way is shielded from the creditors of just one spouse. Both spouses must agree for creditors to access the property.
Protect your business assets
For business owners, separating personal and business assets is essential. Structures like LLCs or corporations can limit personal liability. If a business faces creditors, personal assets remain protected, as they are not directly tied to the business.
Consider homestead exemptions and insurance
Washington offers a homestead exemption that protects part of your home’s value from creditors. Additionally, purchasing an umbrella liability insurance policy can offer further protection, extending coverage beyond what standard policies offer.Keeping assets safe from creditors involves careful planning and understanding your options. Taking proactive steps today can help protect your estate for future generations.]]>On Behalf of Berner Law Group, PLLC<![CDATA[Navigating divorce with a child with special needs]]>https://www.bernerlawgroup.com/?p=503372025-05-26T08:50:07Z2025-05-26T08:50:07ZDivorce is a tough time for everyone involved, especially for children. It becomes twice as hard if divorce includes a child with special needs. Unlike usual custody arrangements, this situation needs more careful planning. Parents have to consider their child's emotional well-being, daily routine and long-term care. The court should also consider the child's medical and learning needs when determining custody and support.
A standard custody schedule might not work. If one parent is more familiar with their child's medical routines, the court may give that parent more caregiving time. Doing so keeps routines consistent and avoids disruptions in the child's schedule. In such cases, parents may also need to stay in close communication to ensure consistent care. That is why determining who gets custody of the child is only one part of the equation. Below are other key factors divorcing couples with a child with special needs should know.
Support goes beyond the basics
Child support for a child with special needs covers more than the usual costs. The couple should also consider their child's ongoing medical expenses and therapy. The child will also receive special education. In some cases, the child might need an assistive device. In Washington, courts can order child support to continue beyond 18. This happens if the child is unable to support themselves because of their condition. Parents should consider collaborating with attorneys who understand how to document these needs. The attorney could also help find the proper financial arrangements to cover them.
Planning for the future with special needs trusts
Using a Special Needs Trust (SNT) allows parents toset aside funds for their child's care. This does not affect the child's eligibility for government benefits like Medicaid. Including an SNT can help ensure the child's long-term financial support. It is helpful if one parent needs to provide money through life insurance or inheritance.
Keeping the child's best interests at the center
Divorce is never easy. But no matter how complex the process is, the most important thing is alwaysthe child's best interest. Divorcing parents of children with special needs should work together. With the help of professionals, they can create parenting and support plans that put their child's best interest on top.]]>On Behalf of Berner Law Group, PLLC<![CDATA[Can a child choose which parent they live with after a divorce?]]>https://www.bernerlawgroup.com/?p=502952025-02-21T15:55:54Z2025-02-21T15:55:54ZChildren can influence parenting plans
Judges settling contested custody cases have to consider a variety of factors, not just one concern. A child's preferences can influence the final custody determination. However, even a mature teenager does not technically have the right to choose where they live or to dictate their own custody arrangements. Parents retain control over their lives, education and medical care until they become adults.
That being said, how the children feel and the connection they have with each parent can impact the parenting plan. Judges can interview children about their preferences. They make a reasonable effort to gauge the child's maturity and the reasoning behind their stated preferences. The judge can then consider that along with other family factors when deciding which parent has more time with the children or which home becomes the primary residence.
For children, the need to express a preference about parenting matters can be relatively stressful. Even though they don't need to testify in open court, the need to weigh in on custody matters can be traumatic. Parents may want to consider cooperating with one another to take that pressure off of their children.
Understanding what the courts consider when handling litigated custody cases can help parents understand the process. For some families, the realization that the children can't set the terms themselves may inspire the parents to compromise to take the pressure off of their children.]]>On Behalf of Berner Law Group, PLLC<![CDATA[How lawyers keep certain evidence out of criminal court]]>https://www.bernerlawgroup.com/?p=502922024-11-20T17:45:46Z2024-11-20T17:45:46ZInvestigators must follow the law
There are numerous regulations and court rulings that limit the conduct of law enforcement professionals and other investigators. For example, the Fourth Amendment protects people from unreasonable searches and seizures. There have been many important prior court rulings about what kinds of searches are unreasonable. Even the conduct of officers questioning someone in state custody could affect the usefulness of certain evidence.
If police offiiers break the law or if they violate the civil rights of an individual, their actions can compromise the state's case. Under the exclusionary rule, defense attorneys can ask the courts to set aside evidence gathered via illegal searches or Miranda warning violations. Eliminating evidence can make it easier to raise a reasonable doubt or may even lead to the prosecutor dismissing pending charges.
If police search a vehicle without permission, a warrant or probable cause, what they find may not be admissible in court. If they pressure an individual into confessing without advising them of their Miranda rights or listening when they invoke their right to legal representation, then any statements made by the defendant may not be admissible in court.
Explaining the questionable conduct of police officers can help defendants craft viable criminal defense strategies. As such, defense attorney aware of unjust circumstances can potentially prevent the use of inappropriate evidence during trial in certain scenarios.]]>On Behalf of Berner Law Group, PLLC<![CDATA[Who can file a wrongful death lawsuit in Washington?]]>https://www.bernerlawgroup.com/?p=502852025-04-22T06:38:27Z2024-08-29T23:31:13ZOnly one party has the power to file
Many states assign the authority to file a wrongful death lawsuit to the immediate family members of the decedent. It is often a surviving spouse or grieving parent who initiates a wrongful death lawsuit. However, the approach to such litigation is a bit different in Washington.
Instead of placing that burden on immediate family members who may struggle with their grief, the courts instead make the personal representative of the decedent's estate responsible. It is their job to pursue a wrongful death lawsuit against the business or person who caused the tragedy if a lawsuit is even an option.
Typically, the personal representative of the deceased person's estate needs evidence showing that negligence, omissions or wrongful acts caused the death. They also need financial records that support their claim requesting specific amounts of compensation.
If the lawsuit is successful, the personal representative may use the proceeds to cover estate expenses. They may also need to distribute any remaining funds among the immediate family members or beneficiaries of the decedent.
Wrongful death lawsuits often provide closure for those grieving a sudden tragedy. They can also help diminish the financial impact an unexpected passing has on others. Those who understand the rules for such lawsuits can seek justice after losing a loved one suddenly.]]>On Behalf of Berner Law Group, PLLC<![CDATA[Who keeps the marital home in a Washington divorce?]]>https://www.bernerlawgroup.com/?p=500532024-06-03T17:18:01Z2024-06-03T17:18:01ZMany factors influence possession
In many divorces, both spouses prefer to stay in the marital home. Sometimes, due to their custody arrangements or other special considerations, they can reach an amicable agreement about which spouse stays in the home and which one leaves.
Some people readily admit they cannot manage sole homeownership. Finances, physical ability or memories attached to the home may make one person concede that the other can stay there while they leave. Other times, a judge has to make decisions about possession or the right to stay in the home.
Spouses may still need to address its value
Contrary to what people claim, simply staying in the home doesn't give someone total control over it or its value. The spouse staying in the home may still have to compensate the other for a reasonable share of home equity.
The spouse who stays in the home typically needs to compensate the other spouse for their share of equity. Doing so might require refinancing the property to withdraw equity or allowing their spouse to keep various other assets from the marital estate. Investment resources, vacation homes and vehicles are some of the assets that could help offset home equity during a divorce.
Those concerned about what community property rules might mean for their interest in a house may need help learning about asset division laws. That information can help them plan for their upcoming divorce. Understanding how community property works is a first step or achieving an appropriate outcome in a Washington divorce.]]>On Behalf of Berner Law Group, PLLC<![CDATA[What is the right age to establish an estate plan?]]>https://www.bernerlawgroup.com/?p=500282024-03-06T00:42:38Z2024-03-06T00:42:38ZAll lawful adults may need an estate plan
As soon as someone turns 18, they become legally vulnerable. Their parents no longer have the authority to make medical decisions on their behalf or manage their resources. Should some kind of emergency occur, a young adult may not have anyone to handle their financial obligations or manage their medical needs.
The best time to begin estate planning is as soon as someone needs legal protection, which is when they become an adult. An 18-year-old may not have much property to bequeath to others, but they likely do have a need to clarify their medical preferences in the event of an emergency and draft documents that empower people they trust to handle matters on their behalf.
Anyone with dependents should consider planning
People are sometimes comfortable with gambling on their own health and future stability. However, once they expand their families to include spouses or children, they may more readily embrace the need to estate plan for the protection of vulnerable loved ones.
Anyone who has debts they worry about their loved ones covering or who have dependents who may require support could benefit from drafting estate planning paperwork. Similarly, those who have acquired valuable property, including real estate and businesses, may want to estate plan to ensure that the right party inherits those resources in the future.
The best time to draft an estate plan is when someone becomes aware of the need for protection. Establishing a thorough estate plan can benefit adults of all ages and circumstances.]]>On Behalf of Berner Law Group, PLLC<![CDATA[What are mitigating factors in a defense?]]>https://www.bernerlawgroup.com/?p=500262023-12-03T00:40:23Z2023-12-03T00:40:23ZMitigating factors are anything that, when taken into account, provide a more nuanced look at the circumstances surrounding your offense and tend to tilt the scales of justice toward leniency.
What kinds of things can be considered mitigating factors? Consider the following.
Acceptance of responsibility and remorse
Expressing genuine remorse for ill-considered actions and the damage you may have caused to someone else’s life can be a hugely mitigating factor. Acknowledging what you did wrong demonstrates both insight and a commitment to personal growth. The court is more likely to be lenient when they believe a defendant will be rehabilitated.
Prior good acts and the lack of a criminal record
Your overall good character, as demonstrated by the fact that you don’t have a prior criminal history and that you have contributed positively to your family or community in some way can also be a big influence on a judge. You may be seen as someone who made a regrettable mistake rather than someone without respect for the law.
Mental health factors and voluntary rehabilitation efforts
Many criminal actions, from embezzlement to drug possession, have their roots in untreated (or undiagnosed) mental health problems. Showing the court that you have sought diagnosis and treatment for a substance abuse disorder or whatever chemical imbalance was influencing your thinking can demonstrate your commitment to positive change.
Justice is supposed to be fair, but “fair” is often decided based on what information is given to a judge and/or jury – and how that information is presented. Understanding more about how mitigation may play into your defense can help you achieve the best possible outcome in your case.]]>On Behalf of Berner Law Group, PLLC<![CDATA[Divorce is one of those times people need to update their estate plans]]>https://www.bernerlawgroup.com/?p=500212023-09-11T04:33:53Z2023-09-11T04:33:53ZPeople need to remove their spouse from their documents
The most pressing concern for those updating an estate plan during or after a divorce will be eliminating their spouse as a beneficiary and replacing them with someone that they can trust if they hold the position of authority.
Advance directives and powers of attorney might require updates so that the agent authorized to act on someone's behalf is not their spouse. Wills and trusts may require revisions to remove someone as a trustee or as a beneficiary. People may even need to file new paperwork with their life insurance company and other financial institutions so that their spouse is not the beneficiary of their life insurance policy or any transfer on death designations attached to sizable accounts.
Parents need to protect their children
When someone shares children with their spouse, that can add a layer of complication to the revision process during a divorce. Their children may replace their spouse as the primary beneficiaries, but they won't have control over those resources until they become adults. Testators may need to create trusts to ensure that the other parent doesn't gain control over the children's inheritance and waste it before they are old enough to access and use those resources themselves.
Testators often discover that they need to significantly revise most of their paperwork and may even need to create entirely new documents in some cases in the wake of divorce. Understanding the impact that divorce can have on someone's estate planning needs may help them take the appropriate steps to protect themselves and the beneficiaries that they have selected from inappropriate distributions or the misuse of the authority designated to a spouse in outdated estate planning documents.]]>