Estate Planning Attorney in Lynnwood and Bellevue , Washington

What estate planning advice do you have for parents with minor children?

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I would usually tell my clients with
minor children, hey, we hope for the
best, but we need to prepare for the
worst. So, at a minimum, we probably
need some basic estate plan in place to
protect our loved ones. So if we just
want a easy solution to utilize the
uniform transfer to minor act, we need
to be um aware that the maximum age we
can keep the assets under that regime is
age 25 under Washington law. Which means
like if the parents or grandparents
wanted to keep the assets out of the
children’s individual name beyond their
25 years old, then we probably need to
have some uh trust set up. However, it’s
also a good idea to revisit our estate
plan every 5 to 10 years and sometimes
more frequently because if there is a
light event occurs or if the statute has
changed a lot. For example, for this
2025 to 2026 regular session, actually I
am watching closely at least the two
bills. Uh one house bill 2019 regarding
the Washington estate tax and the other
Senate bill 5037 regarding the proposed
uniform custodial trust act on the
Washington law. So those statute of
course if we have the change law of
course we might want to do some
adjustment to our established estate
plan at some certain point and um life
insurance actually could be a very
valuable tool uh in estate planning.
Many people uh already know that can
provide liquidity. But also sometimes we
can also use life insurance to make sure
we can achieve the equalization among
all the beneficiaries because some
children some grandchildren they might
want cash and some children they might
just be more interested in running the
business or managing the real property
in the long term. So if the death
benefit will be substantial, I would
usually tell my clients, please consider
setting up an irrepable life insurance
trust to hold the life insurance policy
at the very beginning. So that way we
don’t need to worry about the three-year
look back rule from IRS.

Bellevue and Lynnwood, WA estates & Probate attorney Heather Xu shares her estate planning advice for parents with minor children. She advises clients with minor children to “hope for the best, but prepare for the worst,” emphasizing the importance of having at least a basic estate plan in place to protect loved ones. For those seeking a straightforward approach, she notes that utilizing the Uniform Transfers to Minors Act (UTMA) can be effective, but under Washington law, assets can only remain under this arrangement until the child reaches age 25. If parents or grandparents wish to maintain control of assets beyond that age, establishing a trust becomes necessary.

She recommends reviewing estate plans every five to ten years, or more frequently if significant life events occur or statutory changes take place. For example, she closely monitors pending legislation, such as House Bill 2019 on the Washington estate tax and Senate Bill 5037 concerning the proposed Uniform Custodial Trust Act, to ensure clients’ plans remain aligned with current law.

She also highlights the strategic use of life insurance in estate planning, not only for providing liquidity but also for achieving equitable distribution among beneficiaries. Some heirs may prefer cash, while others may be more interested in managing a business or real property. When the death benefit is substantial, she typically recommends establishing an irrevocable life insurance trust at the outset to hold the policy, helping clients avoid complications such as the IRS three-year look-back rule.

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