Areas of Practice

ESTATE PLANNING 
We believe that every client needs an estate plan, regardless of net worth.  By creating an incapacity plan (which may include durable powers of attorney, living trusts, health care directives (living wills), mental health advance directives, etc.), clients take control of deciding who will assist them in managing affairs during a period of incapacity, establish a succession of backup decisionmakers, deciding whether to place limits on the extent of authority the person will have, providing declarations of certain key health care wishes, and preventing family having to engage in expensive and invasive court proceedings to establish a legal proxy for decisionmaking.  By creating an asset transfer plan (which may include wills, living trusts, testamentary trusts, community property agreements, etc.), clients take control of deciding who will manage the administration of the estate, to whom assets will pass, and how assets will pass to them.  For some clients, asset transfer planning can also include tools for reducing and avoiding imposition of Washington State and federal estate tax.  (Washington State currently imposes an estate tax on estates with assets over roughly $2.2 million). We will walk you through the options and create a plan that best meets your goals and your family's needs.

PROBATE AND TRUST ADMINISTRATION
When a loved one dies, there are a number of steps that will often need to be taken (which can include a range of legal processes such as probate, trust administration, community property agreement recordings, lack of probate affidavits, small estate affidavits, nonprobate notices to creditors, etc.).  We walk families through the process of administering an estate in order to carry out the loved one’s wishes, resolve the loved one’s debts, transfer assets to the beneficiaries, and comply with the various laws that govern the process.  Deciding what process is needed will depend on the loved one’s estate plan, the type of asset holdings, and a number of other considerations.  We review each matter on a case by case basis to determine what will be the best and most cost-effective approach to resolving every estate.

ELDER LAW AND GUARDIANSHIP
Getting old isn’t easy, especially when it comes to planning how to care for ourselves and our loved ones.  We can help clients prepare for their own old age needs by assisting with estate planning (see above) and, for certain clients, asset protection planning for Medicaid eligiblity.  For the families of elders, we also assist with establishing and administering adult guardianships (so that a family member or other trusted person obtains legal authority to act as decisionmaker for the elder, and so that the elder loses certain vulnerabilities to financial exploitation).  When a vulnerable elder is believed to already have been subject to exploitation by one or more individuals, we can engage in legal action to protect the elder from further abuse. 

DIVORCE
When a marriage ends, the husband, wife, and children suffer. There is no way around the emotional pain that a divorce creates. Here at Kelly, Arndt & Walker, we treat your divorce as loss mitigation, and we treat you with compassion. We strive to minimize the damaging impact on the children, the relationship, and the finances. We will discuss with you at every turn the estimated costs, the possible returns for the costs, and the best avenue forward. We will listen to your concerns and ideas. The client provides the facts of the case and we provide the legal acumen. A case cannot be resolved successfully without the best use of the facts and the law. We are honest and up front with our clients, providing them with realistic probabilities so they can make realistic decisions. All too often, attorneys will make promises they simply cannot keep. Here at Kelly, Arndt & Walker, we don't make promises: we take client-focused actions based upon solid information.

BUSINESS FORMATION
We can help you set up your corporation (S-Corp or C-Corp), LLC, PLLP, LLP, or other legal entity. We do suggest you speak with a CPA to choose an entity that is going to maximize your profits and minimize your taxes. Once the choice is made, we can help you through the rest.

REAL PROPERTY TRANSACTIONS AND DEVELOPMENT
Navigating the county regulations and codes for boundary line adjustments, well shares, plats, easements, quiet title, and other matters can be difficult and time-consuming. We can help you navigate the myriad of laws and rules to get your legal needs straightened out.
If you are looking to buy or sell a home, we will be happy to assist you with reviewing your title issues or creating a Purchase and Sale Agreement that meets your needs.

NEIGHBOR LAW
When you have unfriendly neighbors, life can be difficult. When a driveway gets built over your bushes, a fence gets put up through your garden, when your trees get cut down so your neighbor has a better view, or when you suffer anxiety from the constant harassment of your neighbors, then it is time to call us for a consultation. We will listen to your concerns and evaluate your case. Many times, misunderstandings can be dealt with over a cup of coffee, but sometimes, it takes more. We are here to help find legal solutions to your neighbor problems. Let's work together to make your home enjoyable again.

LANDLORD/TENANT ISSUES
Sometimes, landlords and tenants encounter obstacles in their relationships. Perhaps as a landlord, your property has been damaged by a tenant, or your tenant has failed to deliver their rent. Perhaps your tenant has even refused to move out, despite their lease coming to an end - or perhaps a lease was never written in the first place. Our firm can assist parties in coming to an agreement, or if need be, pursue legal action to restore your property.

PERSONAL INJURY
When you are injured by the negligence of another, you have a choice to make. Do you hire an attorney who will generally charge one third of any recovery, or do you deal with the insurance company on your own? The answer is not always an easy one. In some cases, the best advice an attorney can give a client is not to hire them because the value of the case cannot be maximized by attorney representation. However, in many cases, an attorney can make the difference in being made close to whole for the injuries you suffered. Our firm focuses on an honest opinion approach in our free initial personal injury consultation. You can be assured that if we agree to your case it is because we firmly believe you are likely to benefit from our representation. Generally speaking, we will not accept cases where there is less than $5,000 in treatment directly related to the injury suffered from the negligent act. However, your case may be an exception. Call today to find out if your case qualifies for a free phone consultation with an attorney.

CRIMINAL DEFENSE
When you are accused of a crime, are arrested for allegedly committing one, or are charged with a crime, it can be a nerve-wracking experience. You might receive differing advice from the police, family, or friends. It can be difficult to know which choices to make, when to appear in court, and how much information to divulge. This is where we come in: our firm will work with you to create a defense strategy tailored to your case. Our goals will be aligned with yours, and we will work toward getting the best outcome for you.