In-Person Seminars are Back!

After a long break due to the global pandemic, Wall Group Law is back to offering regular in-person seminars and workshops. These educational seminars are free and open to the public - we just ask that you register in advance so we have enough refreshments for everyone. As you start on your estate planning journey, our seminars are a great way to learn more about estate planning issues before you sit down to meet with an attorney. After all, you don’t know what you don’t know! As a thank you for attending, we offer complimentary Vision Meetings (a longer and more comprehensive initial meeting) to all seminar attendees.

First up, we have a series of unique seminars at the Edmonds Waterfront Center that tackle the question, “How do my estate plan and financial plan work together?” These are co-hosted by Wall Group Law and SC Financial Group. Register online at https://go.oncehub.com/seminars.

Stay tuned to our Events page as we will be offering more seminars and workshops in the future.

If you would like to schedule a private workshop at your location or have a specific topic you would like one of our attorneys to present to your group, please contact us.

Remote Online Notarization Available Now

Governor Inslee has temporarily allowed Washington notaries who have the proper credentials to notarize documents remotely through May 31, 2020. This emergency action temporarily moves up the start date of a new Washington statute that will allow Remote Online Notarization (RON) permanently beginning October 1, 2020.

Until now, the law has required that the notary and the person whose signature is being notarized be in each other’s physical presence. Remote Online Notarization will redefine physical presence to include videoconference when certain conditions are met.

Not every notary can do this. Notaries must have both an electronic notary endorsement and a remote notary endorsement on their notary license in order to perform Remote Online Notarization. They must also use special software. We currently have two authorized Remote Notaries on staff and are here to help you.

What does this mean? If you need a document notarized and were unable to find a notary or were afraid to meet with one in person, you now have an option. While some estate plan documents legally require one or more witnesses, many documents such as powers of attorney, trusts, and deeds only require a notary and can now be signed without the risk of contact with other people.

How does it work? You will need a good internet connection, a webcam, and the ability to upload documents. You and the notary will both log in to a secure website. The website software will ask you to prove your identity by a combination of uploading an image of your ID and answering questions only you should know the answer to. Once you complete the verification, you will be able to view the documents for signing in the website. Using your webcam, the notary will watch you sign electronically. Then the notary will sign and seal the document electronically. No paper changes hands and the software guarantees that you and the notary are viewing and signing the exact same document.

If you need a document notarized and wish to do remote online notarization, please contact us.

Our response to the Coronavirus pandemic

[This post was originally written a few days before before Washington’s Stay Home, Stay Healthy order. We have moved it from the home page to the blog.]

If you come to our office, you will notice that a few things have changed. First, there is the sign on the door warning you not to come in if you have had any cold or flu-like symptoms in the past two weeks. Next you will notice the bottles of hand sanitizer and disinfecting wipes front and center when you first walk in. We won’t be shaking your hand when we come to greet you. In fact, we’ll be standing six feet away. You won’t be offered coffee, or tea, or water. And we won’t sit down in the conference room with you but will stay in the doorway.

All these changes are necessary to allow us to continue to serve your legal needs while balancing your safety and ours. We recognize that we could close the office completely and only work from home. But we know that many of our clients cannot wait until the coronavirus pandemic is over to get an updated estate plan in place or to apply for VA Aid and Attendance or Medicaid benefits to pay for long-term care. With the chances of contracting a serious illness at an all-time high, our clients deserve the peace of mind of knowing that their legal affairs are in order. We are here to help.

That said, safety is our top priority. Here are some of the things we are doing to protect you, our staff, families and community: 

• Strictly limiting in-person meetings to documents signings that require your physical presence.

• Reducing the number of staff in the office and encouraging everyone to work from home.

• Washing our hands. Then washing them again.

• Practicing “social distancing” at work and home.

• Disinfecting all common surfaces before and after each in-person meeting.

• Asking you to slide documents under the door if you are just there to drop something off.

Signing documents that legally require in person witnesses or notarization will be handled on a case-by-case basis and in keeping with the latest city, state, and federal guidelines and CDC recommendations.

For tech-savvy clients we have email, client portals for securely sharing documents, electronic signing of fee agreements, online payments, and multiple video conferencing options.

For those who like to keep it simple, we communicate by phone, fax, or the postal service.

If we are placed under a “shelter in place” order like California or New York, we are set up to work remotely for the duration and will still be able to receive emails and calls and access our files.

VA announces sweeping changes to Aid and Attendance Eligibility

On September 18th, the Department of Veterans Affairs announced final regulations that will impact eligibility of senior veterans and their dependents for Aid and Attendance (or VA pension) and other needs-based programs. “The amended regulations establish new requirements for evaluating net worth and asset transfers for pensions and identify which medical expenses may be deducted from countable income for VA’s needs-based benefit programs.” Federal Register Vol. 83, No. 181, Pg 47246. A complete copy is available here.

The most critical change is the introduction of a three-year lookback period on gifts or transfers to qualify for benefits. Previously veterans could transfer assets and apply the next day. The new final rules also change the maximum assets a veteran and spouse can have. Under the new bright line rule your assets plus annual income must be below $123,600. Certain medical expenses may be deducted from income. (Previously the maximum assets allowed was dependent on multiple factors, but ranged from $40,000 for a single person to $80,000 for a married couple and did not include income.)

The changes will go into effect October 18, 2018, giving veterans and their families very little time to plan and to determine if they may be better off applying under the old rule.

Veterans who are over the VA asset limit for Aid and Attendance and may need this program to help pay for care needs should contact an experienced VA accredited attorney immediately. Under the new rules, if assets need to be transferred, it must be done before October 18th or veterans face a penalty of up to 5 years from the date of the transfer.

First proposed in 2015 and put on hold ever since, likely in response to large volume of negative comments received, the approval of the final rule came as a surprise to most in the Elder Law community. The new final rules also include several changes that were not part of the 2015 proposed rules and on which no one has had the opportunity to comment.

Please call our office today at 425.670.1560 if you are considering applying for Aid and Attendance for yourself or a family member.

Related Links:

https://www.genserlaw.com/practice/veterans-benefits/new-va-aid-attendance-eligibility-rules/

http://www.elderconsults.com/va-aid-and-attendance-changes-go-into-effect-10-18-2018/

https://www.thinkadvisor.com/2018/09/26/va-is-tightening-rules-on-ltc-benefit-for-veterans/?slreturn=20180902141927

http://www.karplaw.com/index.php?go=news.news&news_id=459

https://hurleyeclaw.com/2018/09/19/big-changes-to-the-aid-and-attendance-benefit/

https://www.lawyerforseniors.com/the-shoe-has-dropped-new-va-pension-rules-announced-qualifying-will-now-be-more-difficult/

Law Office of Tracie Wall and Associates PLLC is now Wall Group Law

After eighteen years of serving clients in the Puget Sound area, Tracie Wall has sold her law practice and will be moving to Arizona with her family. Having engaged in an extensive search to find the right fit, Tracie is leaving her clients in good hands with two attorneys, Carl Swanes and Chandra Lewnau, who partnered to take over the firm and plan to continue to provide the same exceptional level of service Tracie is known for. Carl and Chandra bring years of experience in elder law and estate planning as well as real estate, business, litigation and other areas that will expand the firm’s capabilities. They are transitioning from a well-known elder law firm in the south King County area where they practiced together for several years with a focus on comprehensive “life planning” and protecting assets from long-term costs through a safe harbor trust (special needs trust).

As part of the transition, the firm will now be known as Wall Group Law.

Paralegal Jessica Ertel and Community Outreach Liaison Pam Nagel will be staying on with the firm.

Tracie Wall will be available to work with a select group of clients on a limited basis largely via email and phone conference.