The information provided on this website is intended for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship. The content is not tailored to address your specific legal issues or circumstances. We strongly advise you to consult with a knowledgeable attorney before making any decisions or drafting any legal documents. A qualified attorney can provide personalized advice and guidance based on your unique situation.

What is an estate plan?

An estate plan is a set of legal documents and strategies designed to manage your assets and affairs in the event of your death or incapacity. It typically includes a will, trust, power of attorney, health care directives, and a funeral directive. The goal is to ensure your wishes are carried out and to provide for the efficient transfer of your assets.

What is a will?

A will is a legal document that outlines how you want your assets distributed after your death. It can also appoint guardians for minor children and name an executor who will manage your estate. The original will be used to complete probate, a court process that validates the will and oversees the distribution of assets.

Do I need a will if I have a trust?

Yes, even if you have a trust, it’s still important to have a will. The will can address any assets that are not transferred into the trust and appoint guardians for minor children. A will set up at the same time as a trust is known as a "pour-over will," which ensures that any assets not placed in the trust are transferred into your trust upon your death and distributed pursuant to the terms of the trust agreement.

How do I provide for my minor child or children?

Your will states who would be your child’s guardian in the event of your passing.

You can also provide more detailed guidelines regarding distribution of certain assets in your trust agreement. Your trust document can outline specific guidelines as to how certain funds are distributed, ensuring that your child's financial needs are met at appropriate stages of their development.

For instance, the trust can specify that funds be released for educational expenses, healthcare, or other milestones, allowing for careful oversight and safeguarding your kids’ inheritance until they reach an age where they can responsibly manage the assets themselves. This combination of a will and trust creates a comprehensive framework that prioritizes both the child's welfare and financial security.

How do I make sure that my pet is taken care of after my passing?

A trust can be an ideal tool to ensure your favorite companion is cared for when you are no longer here. Trust language can designate funds specifically for your pet's care, appoint a trustworthy caregiver, and outline detailed instructions regarding their well-being. This legal arrangement helps prevent disputes among family members and guarantees that your pet receives the love, attention, and resources they require while providing peace of mind during a difficult time.

What is probate and how can it be avoided?

Probate is the legal process of administering a deceased person’s estate, including validating the will, paying debts, and distributing assets. It can be time-consuming and costly. If you own property in multiple states, a probate may have to be opened in every state where you own property. There are various ways to avoid probate, please contact our office if you would like an opportunity to meet with an attorney to explore your options.

What is a power of attorney?

A power of attorney is a legal document that allows you to appoint someone (an agent) to make decisions on your behalf if you become incapacitated. There are different types of powers of attorney, including financial and medical, each granting specific authority to the agent.

What is a living will or advance directive?

A living will, or advance directive, is a document that specifies your wishes regarding medical treatment and end-of-life care if you are unable to communicate your preferences. It can include instructions on life support, end-of-life, and other health care decisions.

How often should I update my estate plan?

You should review and possibly update your estate plan regularly, typically every few years, or whenever you experience significant life changes, such as marriage, divorce, the birth of a child, or the acquisition of substantial assets. Changes in laws can also necessitate updates to your estate plan.

What are the benefits of setting up a trust?

Trusts can offer several benefits, including:

• avoiding probate;

• protecting privacy;

• providing for minor or special needs beneficiaries; and

• reducing estate taxes.

Trusts can also be structured to control how and when beneficiaries receive assets, providing greater control and flexibility.

DO I NEED A GUN TRUST AS PART OF MY ESTATE PLAN?

Please know that a revocable living trust can hold most firearms. Using a trust to hold firearms facilitates the transfer of firearms to beneficiaries upon your demise, avoiding probate and simplifying the inheritance process.

A special type of trust called a gun trust can provide additional legal protection for Title II National Firearms Act firearms (machine guns, silencer/suppressors, short-barreled rifles, and short-barreled shotguns, to name a few) which have stricter ownership requirements. These types of firearms must be registered with a special tax stamp. A gun trust can allow multiple individuals to legally access and use Title II firearms, making it easier for family members or friends to handle the weapons for recreational purposes or training.

Overall, a gun trust can enhance privacy, streamline ownership transfers, and ensure legal compliance, making it a practical choice for responsible firearm owners with Title II firearms.

how much can i gift without having to file a gift tax return?

The 2025 exemption is $19,000 per person. This means you can give $19,000 any individual you wish within the year without having to report it to the IRS. In addition, you will not have to pay any gift tax.

For example, a couple has two children who are both married. The couple has three grandchildren in total.

In 2025, said couple can gift $38,000 to each of their children without triggering any gift tax. Reminder, if both parents are involved - each parent gifts the maximum exemption amount of $19,000.

This means that they can gift $76,000 to their children ($38,000 x 2) per year, without filing a gift tax return.

The same exclusion applies to the children's spouses. The couple can also gift $38,000 to each son-in-law or daughter-in-law. If there are two spouses, this results in an additional $76,000 in annual tax-free gifts.

The same exclusion applies to the couple’s grandchildren. Each grandchild can receive $38,000 from both grandparents combined, without triggering the gift tax. If a couple has, for example, three grandchildren, they can gift a total of $114,000 annually ($38,000 x 3) to the grandchildren.

Thus, if a couple has two children, two spouses, and three grandchildren, they could gift $266,000 per year in total tax-free ($76,000 to the children, $76,000 to the spouses, $114,000 to the grandchildren).

If you exceed the annual exclusion, you will need to file a gift tax return (Form 709), but you likely won’t owe any taxes unless your total lifetime gifts exceed the exemption amount (which for 2025 is $13.99M per US citizen/resident).

Does oregon or washington have a death tax?

Oregon and Washington have a type of tax which is collected at death called estate tax. A decedent’s estate pays the tax if their estate is valued above a certain threshold.

As of 2025, the Oregon estate tax exemption is $1 million. This means if the total value of your assets (this includes most life insurance proceeds) exceeds $1 million at your passing, the portion above one million dollars is subject to Oregon estate tax.

Washington state has an estate tax with its own set of rules and exemption limits. Currently, the Washington estate tax exemption is $2,193,000.

There may be strategies to manage or reduce your tax liability upon your demise. Please contact our office if you would like an opportunity to meet with an attorney to explore your options.

What is the federal estate tax exemption?

As of 2025, the federal estate tax exemption is $13.99 million per individual for U.S. citizens. This means you can leave up to $13.99 million to your heirs without having to pay any federal estate taxes. Any amount over this exemption limit is subject to the federal estate tax which is a progressive tax that starts at 18% and goes to 40% .

If you are married, at the demise of the first spouse the surviving spouse can file a federal estate tax return (Form 706) and elect to use their deceased spouse's unused exemption. These means a married couple can currently apply for almost $28 million dollars of exemption from federal estate tax if they plan properly.

These are the exemption rules for U.S. citizens. If you are not a U.S. citizen the exemption rules differ considerably and we recommend you speak with a knowledgeable attorney regarding your options.

what happens if i live in another state but own property in oregon or washington when i die?

If you own tangible or real property in Oregon and/or Washington at your passing and your assets are above the state’s estate tax exemption your estate will be required to file an estate tax return. In addition, tax will likely be due based on the percentage of your estate located in Oregon and/or Washington.

The tax rates range from 10% to 16% in Oregon and 10% to 20% in Washington. The rate depends on the total value of the trust and estate.

Please contact our office if you would like an opportunity to meet with an attorney to explore your options to eliminate or mitigate Oregon and/or Washington estate tax.

I MOVED FROM ANOTHER STATE, IS MY TRUST STILL VALID?

Typically your revocable living trust remains valid in all 50 states. Nonetheless, never a bad idea to review your estate planning documents if you have moved from a different state. Not only are there often changes regarding your health care directive (health care directives are state specific), there may be tax concerns that you are not aware of. Since Oregon and Washington have such low estate tax exemptions, it is not uncommon that newcomers are unaware that they have assets above the estate tax exemption/s. Reviewing your estate plan with a local attorney gives you an opportunity to explore your options to mitigate any estate tax due at your passing.

Can I create an estate plan on my own or do I need an attorney?

While it is possible to create an estate plan on your own using online tools, it is highly recommended to consult with an attorney who specializes in estate planning. An attorney can help ensure that your documents are legally valid, tailored to your specific needs, explore tax savings options, and ensure the documents are compliant with state and federal laws.

HOW DO I GET STARTED on my own estate plan?

At High Country Law, the initial meeting with an estate planning attorney lasts around an hour. During this consultation, the attorney will take the time to understand your family dynamics, specific concerns, and personal wishes regarding your estate plan. They will then discuss various options available to you, explain how each option could impact your estate, and outline the associated costs. This first meeting is typically free of charge.