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Life insurance can be an effective part of estate planning, and can provide a significant benefit to a decedent’s surviving family members. While life insurance planning is a commonly used estate planning tool, there are several commonly held misconceptions about the tax treatment of life insurance proceeds. Many believe that life insurance proceeds are tax free in all circumstances. While it is true that life insurance proceeds are often tax free, there are specific circumstances in which life insurance can be subject to estate tax. Understanding the tax consequences of life insurance is important in order to maximize the amount...

Seattle Bicycle Accidents: No Presumptive Liability for Drivers

May 10 2016

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Bicyclists Hit by a Motor Vehicle have the Initial Burden of Proving Liability In personal injury cases, such as when a driver of a motor vehicle is injured by another driver, the plaintiff normally has the initial burden of proving that: (1) the defendant was negligent; (2) the plaintiff was injured; and (3) that negligence of the defendant was a proximate cause of injury to the plaintiff. The plaintiff must prove these facts by a ‘preponderance of the evidence,’ which equates to a more-likely-than-not standard. The law provides certain exceptions to this initial burden, however, such as when a following...

Choosing Life’s End: The Current Legal Landscape of the Death with Dignity Movement

May 09 2016

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― Friedrich Nietzsche: Human, All Too Human The term “Death with Dignity,” also known as physician assisted suicide, refers to when a physician provides a patient with the means for hastening his/her death, most commonly via a medical prescription. The concept of physician assisted suicide is different from the practice of euthanasia, in which a physician administers the lethal medication directly, rather than providing it to the patient for self-administration. While the cultural battle regarding the role of Death with Dignity in our society is a fascinating topic, this article focuses on the legal processes that have led to the...

What is a living will and why do you need one?

Apr 05 2016

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In order to explain what a Living Will is, it is important to first explain what it is not. Despite the fact that this document is labeled a “will,” it shares very little in common with a last will and testament. Rather than controlling property disposition upon death, as a traditional will does, a Living Will instead instructs health care providers whether or not to pursue life-sustaining treatment for incapacitated individuals in a “terminal” or “permanent unconscious” condition. Advance Health Care Directives Pre-planned health care decisions, however, need not be limited to situations where a person is either terminally ill...

Seattle Auto Accident Insurance Policy Basics

Mar 28 2016

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In assessing an insurance claim for a Washington auto accident, it is important to have an understanding of the various types of insurance you may encounter. Auto insurance coverage is typically broken down into separate components, as defined below: Liability Coverage. Liability coverage provides protection for claims made against an insured driver, where the use of an insured vehicle caused bodily injury or property damage to someone else. Medical Payments Coverage or Personal Injury Protection (“PIP”). Medical payments coverage or PIP provides coverage for various medical expenses incurred by the insured and others as a result of an accident —...