NEWS FROM THE DESK OF STACEY L. ROMBERG

Hello, and happy February! I sincerely hope that 2012 has started off with a renewed energy and passion for all of you.

My January started 2012 off well! On January 17th, I teamed up with Debbie Whitlock of Sound Financial Partners and host of the Femme Finance radio program on the CBS Radio Network for an event sponsored by Women Business Owners entitled, “Your Family – Your Business – Your Legacy: Dying with Clarity in a Culture of Denial.” We discussed key issues for business owners to get their “house in order,” including estate planning, business succession and insurance.

On February 9th, I look forward to again presenting with Debbie Whitlock. We’ll be speaking to the parent’s group at Holy Rosary School in West Seattle. We plan to address parents’ questions and concerns about estate planning, setting up testamentary trusts for their children, the need to name a guardian in their Will, and how life insurance takes on a special significance for parents.

On February 24th, I’ll be speaking at a continuing legal education course sponsored by the Washington State Bar Association entitled, “The Small Firm in Today’s World.” I’m grateful to all my clients for choosing to work with my small law firm! I strongly believe that attorneys practicing law in small firms spend less time on bureaucracy, less money on overhead, and in turn provide more efficient and affordable work for our clients! I look forward to supporting this event.

Please note that our office will be closed on February 20th for President’s Day. In March, I will be out on vacation from March 12th – 16th.

Please let me know what I can do to help you meet your goals this month!

“Never stop learning. If you learn one new thing everyday, you will overcome 99% of your competition.” Joe Carlozo

January 3, 2012

NEWS FROM THE DESK OF STACEY L. ROMBERG

Happy New Year! I always particularly enjoy this time of year, which to me represents energy, setting new goals and optimism for the future.  I hope you feel similar passion for 2012. I’m ready to partner with you as you achieve your goals, so please keep me posted and don’t hesitate to ask if I can help! 

For your review here is a copy of my article, “Following Lincoln’s Example of Professionalism.” It was published in the December issue of the King County Bar Association’s Bar Bulletin. As many of you know, I’m a Lincoln fan! I enjoy learning about the talents and integrity he brought to his law practice as well as the presidency. In particular, I find Lincoln’s relationship with his co-counsel and later Secretary of War Edwin Stanton remarkable, and worthy of study. What do you think? Please let me know. I’d love to hear from you.

On January 17^th, I am excited to partner with Debbie Whitlock of Sound Financial Partners and host of the Femme Finance radio program on the CBS Radio Network for a WBO (Women Business Owners) event entitled, “Your Family – Your Business – Your Legacy: Dying with Clarity in a Culture of Denial.” Our one hour presentation, which will be held at the Karmen Executive Center in Bellevue, will focus on key issues for business owners to get their “house in order,” including estate planning, business succession and insurance. If interested, please contact my office or WBO for more details (http://womenbusinessowners.org/).

On February 9^th, I look forward to again presenting with Debbie Whitlock to the parent’s group at Holy Rosary School in West Seattle. More details to follow!

Please note that our office will be closed on January 16^th (Martin Luther King Day) and January 23^rd – 27^th (winter vacation). In February, our office will be closed on February 10^th for a vacation day, and on February 20^th for President’s Day.

 “Read something positive every night and listen to something helpful every morning.” Tom Hopkins

Like many lawyers of his day, Lincoln represented clients in a variety of civil and criminal matters. The majority of his trials involved debt collection (representing both creditors and debtors), but he also represented clients in slander, divorce, dower and partition, mortgage foreclosure, railroad cases, patents and murder.¹ Lincoln also appeared before the Illinois Supreme Court 175 times.²

Lincoln possessed a remarkable ability to put his ego aside. In doing so, he could perform his professional obligations with a high degree of professionalism and ethics. A striking example can be found by examining Lincoln’s relationship with Edwin Stanton.

In 1855, Lincoln was retained as counsel for the John Manny Company of Rockford, Illinois, which was accused of infringing a patent for the original crop reaper. The other attorneys representing the Manny Company thought that Lincoln could potentially serve as “window dressing” if the case was tried in Illinois, due to his prior experience with the local trial judge.³

However, those attorneys failed to communicate with Lincoln about his anticipated role, or lack thereof, in the case. The Reaper Case was later transferred to Cincinnati. The Manny Company then retained Edwin Stanton, known as an outstanding trial lawyer. Lincoln showed his characteristic diligence by traveling to Chicago to obtain a copy of the court file. He then went to Rockford to inspect the reaper. He thereafter prepared his trial brief.

Lincoln arrived at the Cincinnati hotel where the Manny Company legal team lodged, introduced himself to his co-counsel, and suggested they all “go up in a gang” to the courthouse. Stanton curtly refused and inquired to another co-counsel “why he brought that damn longed armed ape here? … He does not know anything and can do you no good.”

Stanton even demanded that Lincoln withdraw from the case, which he politely did.

Lincoln, however, elected to remain in Cincinnati to observe the one-week trial, hoping to improve his skills by watching the notable attorneys argue the case.⁴

How did Lincoln set his ego aside? A mere five years later, Lincoln became the 16th president of the United States. Stanton, who had served as the U.S. attorney general in the prior Buchanan administration, continued making cutting remarks about the new president, calling him “an imbecile.”⁵

Nonetheless, when he faced the choice of who should serve in the critical role as secretary of war for the fractured union, Lincoln chose Stanton. Lincoln dispassionately considered Stanton’s great intellectual abilities and dogged determination to perform the daunting task of leading the Union to war. Despite the slight, Lincoln determined that Stanton was the best man in America to assume that key position.

“It was this indomitable drive that Lincoln had sought when he put aside any resentment at the humiliation Stanton had inflicted years earlier in Cincinnati. The bluntness and single-minded intensity behind Stanton’s brusque dismissal of Lincoln at that first acquaintance were the qualities the president valued in his secretary of war,” said author Doris Kearns Goodwin a century and a half later.⁶

History proves Lincoln chose wisely. He developed an effective working relationship with Stanton, which proved instrumental in preserving the Union. And, over time, Stanton came to hold Lincoln in high esteem and they developed a close friendship.

As practicing lawyers, we can improve our professionalism by following Lincoln’s example. Initially, consider Lincoln’s diligent representation of the Manny Company. Lincoln didn’t focus on his co-counsel’s lack of communication. He instead concentrated on how to best serve his client.

He performed every task needed to provide thorough representation and showed up in Cincinnati fully prepared to argue the case. Lincoln’s decision to stay in Cincinnati after Stanton’s mistreatment further demonstrates his professionalism. He put aside his personal pride, behaved with extraordinary grace under trying circumstances and made the best of the situation.

Also, much can be learned from Lincoln’s subsequent appointment of Stanton to his Cabinet. Again, Lincoln remained focused on doing his job to the best of his ability. Once the appointment was made, Lincoln then confidently moved forward to heal past wounds and to create an environment where both men could put their talents to best use for the war effort.

In practicing law, we often find ourselves in situations that tempt us to focus on our own bruised egos rather than on performing our professional obligations with skill and integrity. How will we react? I invite you, the next time you see yourself in such a situation, to think of Lincoln.

Stacey L. Romberg, attorney at law, practices in the areas of business law, estate planning and probate: www.staceyromberg.com.

1 http://www.papersofabrahamlincoln.org/narrative_overview.htm#Types of Cases.

2 http://en.wikipedia.org/wiki/Abraham_Lincoln#Prairie_lawyer.

3 “Lincoln on Professionalism” CLE DVD.

4 Doris Kearns Goodwin, Team of Rivals 175 (New York: Simon & Schuster, 2006).

5 Id. at 559–60.

6 Id.

Originally published in the December 2011 issue of the King County Bar Association Bar Bulletin. Reprinted with permission of the King County Bar Association.

Northwest Real Estate Forum, Real Estate Web Video Resource with Patricia Wangsness. www.northwestrealestateforum.com

James Dean, who died at age 24 in a tragic auto accident, once said, “Dream as if you’ll live forever. Live as if you’ll die today.” On the day he died, Sept. 30, 1955, Dean may have been living life to the fullest, but he was not prepared to die — at least from the legal standpoint. James Dean died intestate. As a result, “most of his possessions went to his father, Winton Dean, whose relationship with him was distant at best.”[1]

No one is invincible, even the young. It is challenging convincing younger clients they can benefit from estate planning. How do you motivate them? Motivation comes from knowledge. As their attorney, it is your job to explain to younger clients, in real terms, what the consequences can be if they die intestate, or lack a power of attorney or a healthcare directive.

For example, suppose Dean’s entertainment lawyer had said, “James, I know you’re only 24. But you are becoming a wealthy young man.  Do you know that, if you don’t get a will done, and something bad happens to you, everything will go to your dad? Is that really what you want?”

The following are examples of what you need to tell your younger clients while guiding them through the estate-planning process:

• A client who cohabitates need to understand the consequences for his partner if he dies intestate — i.e., without a legally valid will. Will his partner really be able to continue driving the car he was driving, and living in the house they shared?  Maybe; maybe not.

• If your client has been married for a short time and dies intestate, the probate may be challenging due to the need to distinguish between community and separate property. Many young clients assume that their wives or husbands will automatically get everything. But dying intestate may result in undesired consequences that affect the unprotected spouse.

• If your clients have young children, guardianship and trust considerations are paramount, and a key component of your clients’ responsibilities as new parents.

• Your clients need to consider the impact of their death on their parents. I have probated several estates of young decedents who died intestate. The devastated parents will grieve that loss for the rest of their lives. You need to explain to your clients how, by preparing, they can make the process easier for their parents — especially if their parents will serve as personal representatives. Their parents will also be comforted by understanding exactly how their child wanted to handle her estate, and by knowing those wishes were carried out.

• Pet ownership is common, especially in Seattle.[2] Encourage your clients to make certain they have taken appropriate steps to meet their pets’ needs in the event that they are no longer able to care for their animals.
  

• Estate planning is an important part of everyone’s legacy. Members of Generation Y (those born roughly between the late 1970s and late 1990s) focus on giving back. (According to a recent survey, for example, more than half of workers in their twenties prefer employment at companies that provide volunteer opportunities.[3])  When working with Generation Y clients, emphasize opportunities to make charitable contributions in their wills, and explore the idea that a will can be a document that expresses their personal values.

Once you have convinced a young client of the wisdom of estate planning, it is helpful to be aware of the demographics involved. Young clients may require more frequent adjustments to their documents because their life circumstances change more rapidly. Being knowledgeable of the general societal trends helps you work with those clients and ensure their documents change with them. For example:

• Your clients are getting married later in life than previous generations. In Washington, the median age for men to marry is 27.5 years. For women, it’s 25.7 years. These statistics closely mirror the national average.[4]

• In Seattle, many of your clients live in households made up of one person. Two out of five Seattle households are one-person households, which is a higher percentage than other Washington cities and other U.S. cities of comparable size. Also, in Seattle, your clients are not likely to have children.[5] Only 20 percent of Seattle households include someone younger than 18 years of age.[6]

Accordingly, many of the wills you prepare for young clients may be “simple” wills, with no testamentary trusts for children and no provisions for a spouse or partner. However, you need to also be aware that the rates of cohabitation have increased, both in Seattle and in the United States. In 2009, the number of opposite-sex couples choosing to cohabitate increased by 13 percent in the United States. This spike in the
cohabitation rates appears to be spurred by the recession, and the corresponding need to find affordable housing and otherwise share expenses. Nationally, only 39 percent of newly cohabitating couples consist of two employed persons.[7]

In addition, newly cohabiting couples tend to be younger than other couples who have previously made the commitment to live
together.[8] Seattle mirrors this trend, although available statistics are not as recent. Households of unrelated people who live together make up 46 percent of the city’s growth between 1990 and 2000.  Cohabitating, unmarried couples (including registered domestic partnerships) now represent 15 percent of Seattle households.[9]

Significantly, a recent study on such couples found that, after five to seven years, only 21 percent of the pairs were still together.[10]

When representing young clients, you need to find out if they are cohabiting. If so, what are the circumstances? Is it a committed relationship and the couple wishes to complete their estate planning jointly? Or did your client’s boyfriend get laid off and then moved in to share expenses? Either way, the relationship needs to be addressed as part of the estate planning process.

Your client needs to be advised that, if a committed intimate relationship (CIR) is found to exist between the two of them, then joint property may be accumulated that might be subject to claims by the surviving partner as described in Connell v. Francisco, 127 Wn.2d. 339 (1995).  You should also encourage your clients to enter into a domestic-partnership agreement to clarify the property rights and obligations between partners. A young client may be reluctant to enter into such an agreement due to the cost and, potentially, uncertainty about the durability of the relationship. But you still need to ensure your client understands the potential advantages of finalizing an agreement and makes an informed choice. If your client decides to enter into an agreement, you need to follow up to make sure that the client’s estate-planning documents are consistent.

Finally, what about Washington domestic partnerships registered pursuant to Chapter 26.60 RCW? More than 8,000 couples have registered as domestic partners to date, according to the Washington Secretary of State’s office. Estate planning attorneys need to ask their clients whether they have registered as domestic partners and, if so, whether they also have a domestic-partnership agreement in place. You need to advise your clients about their registration’s impact on the estate-planning process, including the accumulation of community property and the rights of a surviving partner during the probate process.

Stacey L. Romberg is a solo practitioner whose office is located in Seattle. She focuses her practice on estate planning, probate, and business law. She can be contacted by e-mail at info@staceyromberg.com.  Her website is www.staceyromberg.com.

NEWS FROM THE DESK OF STACEY L. ROMBERG

Happy New Year! Please note that in January our office will be closed on January 17th for Martin Luther King Day as well as January 26th – 28th for vacation days. In February, our office will be closed on February 21st for the federal holiday, George Washington’s Birthday.

On December 14th, I enjoyed chairing a continuing legal education course for the Washington State Bar Association, “Harnessing the Power of the Internet for your Practice.” Topics included internet investigations, cloud computing, and the ethics of social media, including the importance of protecting client confidences while using social networking sites. I strongly believe that attorneys can use technology to serve their clients in more efficient and cost effective ways, so I appreciated this opportunity to provide service to the legal community, and learn about new technologies that can benefit all of you.

On February 24th, Debbie Whitlock of Sound Financial Partners and I will give a workshop at Merrill Gardens retirement community in Mill Creek. We’ll focus on estate related work that most of us either need to tackle for the first time or to review, including estate planning, updating beneficiary designations on bank and retirement accounts, etc. Also, we will discuss how thoughtful, deliberate work in estate and financial planning can serve as part of your personal legacy, in terms of charitable contributions, end of life communications to family and friends, ensuring pets and other family members are properly cared for, etc. How can your estate planning best reflect your values? I enjoy delving into the details, and helping attendees with their unique concerns. If you have any questions or would like to attend, please contact my office.

Here is a link to a December 17, 2010 article from the New York Times describing the changes in estate tax law. In brief, the new law sets the estate tax exemption at $5 million, and imposes a 35 percent tax rate on amounts exceeding this exemption. It is set to expire two years from now.

“Concentrated thoughts produce desired results.”  ~ Zig Ziglar

February 1, 2011

NEWS FROM THE DESK OF STACEY L. ROMBERG

For the third year in a row, I’m thrilled to be named by Seattle Magazine as a Five Star Wealth Manager. Seattle Magazine selects the recipients for this award based on client and peer evaluations of numerous criteria including: customer service, integrity, knowledge and expertise, communication, value for fee charged, overall satisfaction and overall reputation. Thanks to all of you for your good words and support! I will continue to work hard to meet these standards.

On February 24th, Debbie Whitlock of Sound Financial Partners and I will give a workshop at Merrill Gardens retirement community in Mill Creek. We’ll focus on estate related work that most of us either need to tackle for the first time or to review, including estate planning, updating beneficiary designations on bank and retirement accounts, etc. Also, we will discuss how thoughtful, deliberate work in estate and financial planning can serve as part of your personal legacy, in terms of charitable contributions, end of life communications to family and friends, ensuring pets and other family members are properly cared for, etc. How can your estate planning best reflect your values? I enjoy delving into the details, and helping attendees with their unique concerns. If you have any questions or would like to attend, please contact my office.

Please note our office will be closed on February 21st for the federal holiday, George Washington’s Birthday. We will also be closed on March 24th for a vacation day.

“People are anxious to improve their circumstances, but are unwilling to improve themselves.  That is why they remain bound.”   ~ James Allen

March 1, 2011

NEWS FROM THE DESK OF STACEY L. ROMBERG

Here is a copy of my article “Rebel without a Cause (or a Will) – Meeting the estate-planning needs of younger clients”. This article was published in the February issue of DeNovo, the publication of the Washington State Bar Association’s Young Lawyers Division. I strongly believe that every adult needs to tackle their estate planning issues. Although young people tend to procrastinate or not even think about the need to do estate planning, they are not invincible. Younger clients often have compelling needs for this work due to non-marital living arrangements, young children, etc. I hope you find this article interesting! Please let me know if you have any comments or questions.

In last month’s newsletter, I did not mention that I was on the radio in late January! I was the featured guest on AM 1150, Femme Finance, discussing the implications of the new tax bill signed into law by President Obama on December 17th. I focused on the estate tax aspects of this bill, and also discussed how the new tax bill impacts businesses. I was excited to be able to address the strengths and weaknesses of this bill before a national radio audience. I shared my frustrations at having a two-year compromise on the moving target of the federal estate tax exemption, rather than a permanent solution. If any of you heard the show, please let me know what you thought!

Please note our office will be closed on March 24th for a vacation day.

“Genius is divine perseverance. Genius I cannot have, but perseverance all can have.”   ~ Woodrow Wilson.

April 1, 2011

NEWS FROM THE DESK OF STACEY L. ROMBERG

On May 3rd, I’m excited to speak to the Seattle chapter of Ladies Who Launch, as part of a panel discussion entitled, “Biz Basics – 1+2+3 = Answers.” Ladies Who Launch is a national organization of women entrepreneurs. For more information, please contact our office or visit the Ladies Who Launch website at www.ladieswholaunch.com.

I recently joined Women’s Business Exchange (“WBE”), and am looking forward to actively participating in this group. WBE’s mission statement states, in part, “WBE is committed to creating a community of compassionate leaders. We empower women to grow personally and professionally by providing opportunities for leadership, networking and mentoring.” Please see www.wbex.org for more information about WBE.

Please note our office will be closed on May 30th – June 3rd for scheduled vacation days. If you need any work to be done during this period, please let our office know as soon as possible. In addition, Lisa Vargo will be out of the office on vacation April 18th – 21st.

“I am not here just to make a living; I am here to make a life.” Helice Bridges

May 2, 2011

NEWS FROM THE DESK OF STACEY L. ROMBERG

Enclosed please find a copy of my article, “Don’t be a Rebel without a Will.” The Puget Sound Business Journal published this article on March 25th. I’m excited that the Puget Sound Business Journal published this piece! It’s important to remind people that, like it or not, we are not invincible. Estate planning is important and appropriate for people of all ages and all asset levels. Many people think that, if they are young, healthy, middle or lower income, childless, single, busy, or ____________ (fill in the blank) – estate planning is not appropriate for them. This misperception prevents them from helping the people who love them. If you care about the people you leave behind, you’ll want to create a clear path for how everything should be handled – even if you don’t have children or a large estate.

The reality is, if you have even one important person in your life, you should have up to date estate planning documents. By doing so, you’ll make sure that person is well taken care of, and not forced to clean up the messy situation you left behind by dying without a Will. If you have any questions about my article, or if you’d like to do some initial estate planning or update your existing documents, please let me know. I’ll be happy to help.

Please note our office will be closed for vacation days on May 30th – June 3rd, and also on June 29th – July 4th.

“You may be disappointed if you fail, but you are doomed if you do not try.” Beverly Sills

June 1, 2011

NEWS FROM THE DESK OF STACEY L. ROMBERG

After months of hard work, I’m pleased to report that our brand new website is now up and running! Please check it out at http://www.staceyromberg.com. You’ll find that the site has many new features, such as search capacity, in order to make it more user friendly – in addition to podcasts, videos, and other bells and whistles! I enjoyed working on the site, and certainly learned much in the process about WordPress and site development. I would love to hear from you about what you think! Please give me a call or e-mail me with your feedback.

Also, in conjunction with the new site, I have a new Facebook business page at: http://www.facebook.com/StaceyRombergAttorneyatLaw. I’d appreciate it if you would “Like” me on Facebook since I’m trying to build up a following! I’m also on Twitter, with the user name of “StaceyRomberg”. On my new website, you can easily connect with me on Facebook and Twitter by clicking on the appropriate icons.

I would love to follow my clients as well! Please let me know if you have a Facebook business account and/or a Twitter account, so I’m able to connect with you and track all of your successes.

Please note that, other than the administrative task of preparing invoices, our office will be closed for vacation days on May 30th – June 3rd. The office will also be closed on June 29th – July 4th. We tend to be especially busy right before and right after the closure dates. Please keep that in mind as we coordinate your work so we can remain on track!

“Success is the prize for those who stand true to their ideas.” John S. Hinds.

July 1, 2011

NEWS FROM THE DESK OF STACEY L. ROMBERG

Happy summer! I’m excited to report that I’m now a brand new member of the Northwest Entrepreneurial Network, or “NWEN.” www.NWEN.org. NWEN is a non-profit organization that, pursuant to its mission statement, is “dedicated to helping entrepreneurs succeed.” A significant part of my legal practice is, to be precise, dedicated to helping entrepreneurs succeed! Since our values line up so well, I’m truly happy to have joined NWEN. I look forward to opportunities to learn more about the challenges facing entrepreneurs in this rocky economy, so that I can become a more valuable resource for my clients.

On June 8th, both Lisa Vargo and I attended a continuing legal education (“CLE”) course sponsored by the King County Bar Association covering 2010 legislative and case updates in Washington estate planning and probate law. We found it to be helpful, and appreciated the opportunity to stay current. In addition, on July 25th, Lisa will attend a CLE sponsored by the Washington State Bar Association regarding the 2011 Washington Trust Act. This Act, which will go into effect on January 1, 2012, will significantly impact the administration of Washington trusts. Both Lisa and I will be spending time to study this new Act, passed during the last legislative session, to make sure we can properly advise you regarding these changes.

Please note that our office will be closed for vacation days on August 19th, and also on September 5th – 9th. We tend to be especially busy right before and right after longer closure dates. Please keep that in mind as we coordinate your work. Let us know in advance if an appointment is needed or work needs to be completed during this time frame – so we can keep on track!

“I would rather fail in a cause that would ultimately succeed, than succeed in a cause that would ultimately fail.” Woodrow Wilson

September 1, 2011

NEWS FROM THE DESK OF STACEY L. ROMBERG

On September 8th, I will be celebrating my 12th anniversary of starting my own law practice!  Thanks so much to all of you for your support and business. I’m grateful every day to have my own business, and work with such wonderful clients!

On September 21st, as a member of Seattle’s Estate Planning Council, I’ll be attending a presentation regarding the revisions to Washington’s trust law, which will become effective in January of 2012. I’m excited to learn more about these changes, and to be better prepared to advise all of you on how the new law may impact trust preparation and administration.

On September 28th, I’m looking forward to being a panelist for the Washington State Bar Association’s (WSBA) continuing legal education program “Lincoln on Professionalism,” be held in the WSBA’s conference center in downtown, Seattle. This program focuses on ethical issues faced by Abraham Lincoln in his law practice, and teaches attorneys how Lincoln’s straightforward, practical values regarding ethics and professionalism still apply today. I’ve participated in these programs three times previously, and am excited to have been invited back once again! For more information, please contact my office or visit www.wsba.org. In addition, I’ve enclosed a flyer on the program for your review.

Please note that our office will be closed for vacation days during the week after Labor Day weekend, September 5th – 9th. In addition, we will be closed on October 10th for the Columbus Day holiday.

“Success is neither magical nor mysterious. Success is the natural consequence of consistently applying the basic fundamentals.” Jim Rohn

October 3, 2011

NEWS FROM THE DESK OF STACEY L. ROMBERG

On September 21st, as a member of Seattle’s Estate Planning Council, I attended a presentation regarding the revisions to Washington’s trust law, which will become effective in January of 2012. I found it productive to learn more about these changes, and to be better prepared to advise all of you on how the new law may impact trust preparation and administration. If you have any questions about the new trust law, please feel free to contact my office.

On September 24th, I once again participated in the U.S. Small Business Administration (SBA) program, “Biz Fair.” Biz Fair is a free event, allowing future business owners to attend a variety of courses to help them launch their new enterprises. I taught two classes for budding entrepreneurs, focusing on a variety of legal issues including choosing a business entity, contracts, and commercial leases. The enthusiasm of the participants is contagious! For more information about the Biz Fair program, please see: www.bizfair.org.

On September 28th, I enjoyed being a panelist for the Washington State Bar Association’s (WSBA) continuing legal education program “Lincoln on Professionalism,” held at the WSBA’s conference center in downtown, Seattle. This program focused on ethical issues faced by Abraham Lincoln in his law practice, and discussed how Lincoln’s straightforward, practical values regarding ethics and professionalism still apply today. This presentation was my fourth time participating in this program! It’s such a pleasure to engage with a smart group of lawyers who share my commitment of increasing the standards of legal professionalism and ethics.

Please note that our office will be closed on October 10th for the Columbus Day holiday. In addition, we will be closed on November 21st through 25th for Thanksgiving.

“The path to success is to take massive determined action.” Anthony Robbins

Like us? Let us know at: http://www.facebook.com/StaceyRombergAttorneyatLaw.

November 1, 2011

NEWS FROM THE DESK OF STACEY L. ROMBERG

This Thanksgiving season, I’m grateful that I work with such wonderful clients! I hope you enjoy this hearty fall recipe:

Green Chile Stew

1/4 cup olive oil
2 tbs. minced garlic
1 yellow onion, sliced
3 ribs celery, sliced
Kosher salt
2 tbs. chopped fresh oregano
2 bay leaves
1 tsp. coriander seeds, toasted and ground
1 1/2 tsp. cumin seeds, toasted and ground
12 to 15 medium Roma tomatoes, peeled, seeded and coarsely chopped, or 32-ounce can diced tomatoes
1/2 lb. green chilies, roasted, peeled, seeded, and chopped
1 lb. potatoes, cubed
4 cups vegetable stock
16 ounce can of pinto beans, drained and rinsed
(Non-Vegetarian Option – 1 lb. of chicken, chopped, and sautéed until cooked in olive oil and up to 5 tbs. garlic)

1. Heat olive oil in soup pot over medium heat. Add garlic and sauté until golden. Add onion, celery and 1 tsp. salt. Stir to coat with oil and cover. Simmer for 15 minutes, or until celery releases its liquid. Add oregano and spices. Stir well, cover, and cook for another 5 minutes.

2. Add tomatoes and green chilies. Stir well. Cover and let simmer for 10-15 minutes.

3. Add potatoes, another tsp. salt, and stock. Stir well. Cover and let stock reach a boil. Stir occasionally to keep bottom from burning. Let it cook until the potatoes are tender and can be pierced easily with a fork. About 10 minutes.

4. Add pinto beans and stir well. (Add in chicken if desired). Cover and cook another 10 minutes.

5. Serve, if desired, with avocado slices, tortillas, jack cheese and Tabasco!

Please note that our office will be closed on November 11th for Veteran’s Day, and November 21st through 25th for Thanksgiving. In December, our office will be closed on December 26th only.

“I know the price of success: dedication, hard work, and an unremitting devotion to the things you want to see happen.” Frank Lloyd Wright

Like our redesigned website? Let us know at: http://www.facebook.com/StaceyRombergAttorneyatLaw.

December 1, 2011

NEWS FROM THE DESK OF STACEY L. ROMBERG

Happy Holidays!

Please note that our office will be closed on December 26th for Christmas. In January, our office will be closed on January 2nd (New Year’s), January 16th (Martin Luther King Day) and January 23rd – 27th (winter vacation).

I understand that the holidays are an especially hectic time. However, I ask that you please remember to pay your bill before the end of this year. Remember, for businesses, legal expenses paid by the end of 2011 will be considered a deductible expense for purposes of calculating your final 2011 federal income tax liability.

During the holidays, I like to focus on connecting with people. To that end, I recently updated our website so that my Twitter feeds appear on the home page. Twitter is fun, and a great way to stay in touch! I’d greatly appreciate it if you could follow me @StaceyRomberg, or by clicking on the Twitter icon on my website. If you tweet, please let me know! I’d love to follow you.

In addition, you can find me on LinkedIn, and also on Facebook at: http://www.facebook.com/StaceyRombergAttorneyatLaw. Do you have a business page on Facebook? Again, please let me know! I’d appreciate the opportunity to connect with you and learn more about your business.

Finally, as the year draws to a close, I’d like to express my gratitude to all of you for your business. I truly appreciate the opportunity to work with you. I wish you all a happy and peaceful holiday season. Enjoy yourselves!

“I have failed over and over again. That is why I succeed.” Michael Jordan

• The decedent’s assets are determined;
• The legitimate debts are paid; and
• The decedent’s assets are distributed pursuant to the Will (if any) or the laws of intestate succession (the statutes governing distribution if there’s no Will).

1. Initial Appointment. If there is a Will, the initial appointment should be with the Personal Representative nominated in the Will to administer the estate. If there is no Will or the named Personal Representative is unable or unwilling to serve, the appointment should be with the surviving spouse, or other family member or close friend.

For an initial appointment, it is very helpful if you bring:

• A copy of the Death Certificate;
• The original Will (if any);
• A list of names, addresses, and dates of birth of family members; and
• A list of the decedent’s assets and liabilities.

2. Second Meeting. During this meeting, you will sign a variety of documents to be filed with the Court. My office will prepare:

• A request for you to be able to administer the estate, to serve with non-intervention powers (which means that you will have minimal interference from the court in your duties), and to serve without bond;
• Proposed orders requesting the same;
• A Notice to Creditors (which needs to be published);
• A Notice of Appointment and Pendency of Probate (which needs to be sent to heirs, potential heirs, and several government agencies); and
• An Oath (saying essentially that you will be honest and try to do a good job in administering the estate).

Other documents may be needed depending on the contents of the Will, or the individual circumstances if there is no Will.

3. Court Appearance. In order to initiate the probate proceeding, a court appearance will be made by my office. If you choose to go to court, you may, but it is not required.

4. Notice to Creditors. After the court appearance, once you have been officially appointed by the court to administer the estate, we will arrange for a Notice to Creditors to be published in a local newspaper.

Once the Notice to Creditors is published, generally speaking, creditors have four months to file claims. If all other work related to the estate can be completed in this four-month period, the estate can be closed shortly after the creditor claim period ends. However, the timing depends on a variety of factors including the complexity of the estate, tax issues, ability to sell the real property, etc. Estates often receive claims related to creditors, and my office will handle all of these claims on the estate’s behalf pursuant to the legal requirements.

5. Your Work in Four-Month Period. During this period, you need to take possession of all assets of the deceased’s estate. Specifically, you will consolidate the decedent’s accounts into one estate account with a separate tax identification number. You may potentially sell some of the decedent’s assets and deposit the proceeds into the estate account. You will also inventory and value those assets so our office can prepare an Inventory as required by Washington law. You’ll need to ascertain the estate’s creditors, take steps to settle the deceased’s affairs as quickly as possible without sacrifice to the estate; and keep records and accounts of all transactions affecting the estate. My office will assist you in completing all of these tasks. You will want to retain a CPA to assist you in all tax matters related to the estate, which can be complex.

6. Attorney Duties. In addition to working with you on the tasks outlined above, my office will provide notices to the heirs, creditors, Department of Revenue and the Department of Social and Health Services pursuant to the legal requirements for each type of notice. We will work together to create an Inventory of the decedent’s assets as of the date of death, and I will provide the requisite analysis as to the classification of assets.

7. Distribution/Closure. When the estate is ready to be distributed, we will work with you to make a final distribution of assets, which may be complex. Then, we will complete the estate closure process pursuant to Washington statutory requirements.You will be discharged as the Personal Representative when the estate is closed.

Any questions? Please call Stacey Romberg at 206-784-5305 or contact her by e-mail at inquiry@staceyromberg.com.

Answer: It’s straightforward.

Step 1: Complete the Estate Planning Form on this web site. This form asks a lot of questions about your assets, family members, etc. Although it can be lengthy and time consuming to complete, this information is needed in order to develop a comprehensive estate plan.

Even if you do not plan to distribute anything to a family member, it is smart to identify that person and helps prevent legal challenges down the road. By providing dates of birth and contact information for all family members, it helps to track them down later in the event that they move after you’ve completed the Will.

By providing information about your assets, it helps determine the overall picture of distribution as well as whether or not tax planning is desirable.

If two people want to do their estate planning together, such as a husband and wife, you each need to complete separate forms. However, if the information on a portion of the form would be the same for both of you, you only need to complete that portion once.

If you have any questions about completing the Estate Planning Form, please contact Stacey – info@staceyromberg.com.

Step 2: Send completed form to our office by mail, e-mail or fax. When you send it in, please indicate some dates and times that you would be available for an initial consultation.

Step 3: You are contacted to schedule an appointment.

Step 4: You confer with Stacey to discuss your estate planning needs. She makes recommendations. Generally, all estate planning work is done on a hourly basis. If you feel comfortable with the recommendations and pricing, you will enter into a clear written fee agreement for the legal services. An advance fee deposit is due prior to the initiation of work.

Step 5: Stacey drafts all documents, and sends them to you for your review. You can ask questions and make changes to your documents.

Step 6: Once you are satisfied with your draft documents, you schedule another appointment to sign everything. There are technical legal requirements involved with signing a Will, so it’s important that you sign everything in front of an attorney who is knowledgeable about these requirements.

Step 7: You receive your original documents in the mail, along with a letter providing further instructions for storing your original documents and when they need to be changed.

Step 8: In approximately five years, you will be contacted by our office to see if any changes need to be made to your documents. It is important to review these documents periodically, to ensure all information is up to date.

Any questions? Please contact Stacey’s office at inquiry@staceyromberg.com.

Your Last Will and Testament enables you to make a legal disposition of your property upon your death. You select a person you trust, known as a “Personal Representative,” to administer your estate according to your stated instructions.

General Durable Power of Attorney

This document enables you to select a person, referred to as your “Attorney-in-Fact,” who will take charge of your financial affairs in the event of incompetency. We recommend that you name an alternate, in case the person you select isn’t able to assist you. You should select someone you trust. Your Attorney-in-Fact should be financially responsible, and be able to pay your bills, make wise investment choices, and otherwise take care of all your financial matters. You also need to decide when to make the document effective. Married couples often like to make the General Durable Power of Attorney effective immediately. The General Durable Power of Attorney then allows them the flexibility to sign necessary documents and complete financial transactions for their spouse if their spouse is out of town or otherwise unavailable. However, most of our clients choose to make their General Durable Power of Attorney effective upon their disability.

Power of Attorney for Health Care Decisions

This document authorizes your designated “Attorney-in-Fact” to make decisions about your medical treatment in the event of incompetency. You should select someone you trust. You should feel confident that your Attorney-in-Fact will respect your wishes regarding medical treatment, and make good choices for you. We recommend that you select someone who lives close by, so that your Attorney-in-Fact will be able to sign necessary documentation in the event of a medical emergency. However, if you are choosing between someone you trust and someone who is close, we recommend that you choose based on the trust. You should also name an alternate in case the person you select isn’t able to assist you. This document is particularly important if you are in a gay relationship or unmarried heterosexual relationship, because it can allow your partner to have visitation rights and to otherwise have a say in your care and treatment.

Mental Health Advance Directive

Similar to a Power of Attorney for Health Care Decisions, this document authorizes your designated “Attorney-in-Fact” to make decisions about your mental health treatment in the event of incompetency.

Health Care Directive

A Health Care Directive, commonly referred as a “living will,” allows you to indicate whether you would like your life to be “artificially prolonged” in the event of an injury, disease or terminal condition that prevents you from communicating your wishes. Although some people disagree with this document from a religious perspective, other people believe it creates the option for them to have more control over their death and for death to be a more dignified process. We believe it is important for people to have full information, and to make choices based upon their own personal beliefs.

Community Property Agreement

Community Property Agreements are used by married couples, in certain circumstances, to transfer their ownership in any assets to a surviving spouse in lieu of probate. It should not be used if the couple has a taxable estate or if the couple wishes to qualify for Medicaid benefits. However, it can be an incredibly effective and useful tool to pass assets efficiently and inexpensively to the surviving spouse upon the first spouse’s death.

Memorial Instructions

RCW 68.50.160(1) states: “A person has the right to control the disposition of his or her own remains without the predeath or postdeath consent of another person. A valid written document expressing the decedent’s wishes regarding the place or method of disposition of his or her remains, signed by the decedent in the presence of a witness, is sufficient legal authorization for the procedures to be accomplished.”

Our office can assist you in preparing this document upon request.

• Estate Planning Form
• Three Videos:  Debbie Whitlock interviews Stacey Romberg on Estate Planning
• Recorded radio interview on KKNW 1150 am – Fem Finance with Debbie Whitlock