The Law Office of Donna Person Smith

03/28/2022

The Law Office of Donna Person Smith, PLLC is looking to add a full time family law attorney to each of our offices located in Lakewood and Puyallup. Experience in family law required. Experience in Estate Planning a plus. We are seeking a candidate who is interested in practicing family law with a team atmosphere, and in a firm that prioritizes work/life balance. We offer mentorship and professional growth is encouraged.

We offer competitive compensation packages including health insurance, 401K, malpractice insurance, paid bar dues, paid time off and paid holidays. Please respond via email with cover letter, resume and list of references to Donna Person Smith.

03/28/2022

Our busy law firm is seeking a qualified applicant to fill the position of Family Law Paralegal for both our office near JBLM in Lakewood and for our Puyallup Office. Experience in Family Law is required.

The Paralegal will be responsible for providing support to the legal team, drafting pleadings and working with clients from intake to final disposition. The ideal candidate for this position has a strong work ethic, exceptional problem solving skills and is comfortable working in a fast-paced and dynamic workplace. Preferred qualifications are proficiency in Clio, LegalPlus Software, WealthCounsel, Linx, ECR and Microsoft Office.

05/12/2021

Our busy law firm has expanded to a 2nd location and we are seeking qualified applicants to fill the position of family law paralegal for our new office near JBLM.

The paralegal will be responsible or providing support to the legal team, drafting pleadings and working with clients from intake to final disposition.

Family Law experience is required.

05/11/2021

The Lesson Plan for Your Estate

In honor of Teacher Appreciation Week, the first week of May, we are taking this opportunity to thank you for your time and dedication to teaching the future generation. You provide the foundational knowledge necessary to ensure the success of tomorrow’s leaders. We are here to make sure you have the foundational estate planning documents to ensure your own successful future. Below are some basic questions and answers about estate planning and how estate planning, or the absence of an estate plan, may impact your life.

What is an estate?
Although you may not be a billionaire, you have an estate that needs a proper legal plan. Estate is a general term used to describe everything you own. This includes things such as bank accounts, real estate, household furniture, automobiles, etc. At your death, everything you own has to find a new owner.

What is an estate plan?
An estate plan is your personal set of lesson plans for your trusted decision-makers’ use. The legal documents that dictate what will happen to you and your money and property at your death comprise the lesson plans. If you have a minor child, your estate plan can also enable you to nominate your child’s guardian. Some estate planning documents allow you to dictate what happens to you and your finances during any period when you cannot make your own decisions or if end-of-life decisions need to be made on your behalf.

Is retirement planning really necessary?
Depending on your school district, several different retirement planning options may be available to you. Defined-benefit plans, also known as pension plans, calculate ahead of time and promise a specific payment amount when you retire. Defined contribution plans allow you and your employer (if the employer chooses) to contribute money to your individual account. The amount you receive from this type of account is based on the investment results. Regardless of the available options, you may need to do a little homework to make sure you understand the basics of your plan:
● What type of payments will you receive: a lump sum or installments?
● Do payments stop at your death?
● Does your spouse receive any money at your death?
● Are your children entitled to any payments at your death?
● Do you need to complete any paperwork to control what happens at your death?
● What happens if you die while you are still employed?
● What happens if you die before you retire but after you are no longer employed by the district?
Because the rules governing retirement plans can vary depending on the type of account, it is critical that you study and understand your plan’s rules and requirements.
What documents make up an estate plan?
Once you have done your homework regarding your retirement plan, you must look at the estate planning steps you have already taken. If you have already had some of the following documents prepared, you are on the right track. If you have not had any of these documents prepared, we are here to make sure you have a plan for any situation. As a teacher, you are well aware that having a plan makes teaching go much more smoothly. By analogy, we will consider your estate planning documents to be your lesson plans for your loved ones.

Revocable Living Trust
A revocable living trust (RLT) is a trust you create during your lifetime. You can change this trust at any time until you become incapacitated (unable to make your own decisions) or die. During your lifetime, you will either change the ownership of your accounts and property from yourself as an individual to yourself as the trustee of the trust (the person or entity who manages, invests, and hands out the money and property) or designate your trust as the beneficiary of your accounts and property (with some exceptions). Contrary to what some may think, you do not have to have a lot of money and property to benefit from a trust. This planning tool enables you to name yourself as the current trustee and to designate a co-trustee or substitute trustee if you are unable to act as trustee for any reason. An RLT also allows you to continue enjoying your money and property during your lifetime and to designate what will happen to that money and property upon your death, protecting it for your chosen recipients.

An RLT can be an excellent way to provide instructions to your loved ones about handling the money and property owned by the trust. In the trust document, you can specify how the money and property should be used during your incapacity and after your death. An RLT provides a great way for you as an educator to leave your younger beneficiaries with some built-in teachable moments. This can include your loved one receiving a specified percentage upon reaching a certain age (e.g., one-third at age thirty, one-half at age forty, and the remainder at age fifty). You can also structure the trust as an incentive trust to allow the trustee to give your loved one money only after certain goals are met (e.g., successfully completing a postsecondary education, being gainfully employed by the same employer for more than a year, being sober for one year, etc.) You can also use your trust to teach your loved ones to be charitably inclined (e.g., allowing your loved one to select a charity to give a stated amount of money to, providing funding to participate in a mission trip, etc.).

Last Will and Testament
As an alternative, some people choose to create a last will and testament to carry out their wishes. This document, also called a will, is where you name a personal representative or executor (the person who collects all of your accounts and property, pays your outstanding debts, and distributes your money and property to those you have named), specify who will receive your accounts and property, and name a guardian for any minor children. Although this document is useful only at your death (and not during your incapacity), it provides a way to officially express your wishes. In contrast to having an RLT, having a will to distribute your money and property will require your family to go through the probate process, the court-supervised procedure that must take place to distribute to your loved ones the accounts and property you own at your death. If you have no will, the probate court will determine who gets your money and property according to state law.

Pour-Over Will
If you have an RLT as part of your estate planning, you will still have a will, but it will be called a pour-over will. This document will be used only if an account or piece of property was not transferred either to your trust during your lifetime or to your trust or another beneficiary at your death through a beneficiary designation. As with a last will and testament, a pour-over will names a personal representative or executor (most likely the same person you named as your substitute trustee) and a guardian for any minor children. The difference is that a pour-over will directs that all accounts or property subject to probate be transferred to your RLT. Although your loved ones will still have to go through probate, your money and property will end up in the trust, managed and handed out according to the trust’s instructions.

Financial Power of Attorney
In a financial power of attorney, you choose a trusted person, or agent, to handle financial transactions (e.g., signing checks, opening bank accounts, signing a deed, etc.) for you, similar to assigning certain classroom tasks to a teacher’s aid. You can customize, according to your specific needs, what the agent is allowed to do and when your agent is authorized to act for you. If you do not formally choose someone to make financial decisions on your behalf, your loved ones will have to wait for a judge to appoint someone with no input from you.

Medical Power of Attorney
A medical power of attorney allows you to name a trusted healthcare decision-maker to communicate your healthcare wishes or make medical decisions on your behalf if you cannot do so, like a substitute teacher for your healthcare. If you do not formally choose a medical decision-maker, your loved ones will have to ask a judge to appoint someone to make medical decisions for you, and the person appointed might not be the one you would have chosen. In addition, the court process is public and takes time and money during an already stressful period.

Advance Directive or Living Will
An advance directive is your lesson plan for communicating your specific wishes regarding end-of-life decisions. Carefully considering your desires regarding life-prolonging procedures and clearly communicating them to your chosen medical decision-maker is imperative. Without these instructions, your medical decision-maker will be forced to guess what you want. Not only can this situation be very stressful for your medical decision-maker, it can also be a breeding ground for disagreements among your loved ones if their opinions differ.

Health Insurance Portability and Accountability Act Authorization Form
In a Health Insurance Portability and Accountability Act (HIPAA) authorization form, you grant the named individuals the right to receive information about your medical condition (e.g., to get a status update on your condition or receive your test results). Although these individuals have the right to obtain the information, they do not have the authority to make decisions on your behalf. That power belongs to the decision-maker you have named in your medical power of attorney (or the person who was appointed by the court if you have no valid medical power of attorney). Providing information to your loved ones can help calm the anxieties and uncertainties that often arise during times of emergency. The HIPAA authorization can also help alleviate any tension between the person you name as the medical decision-maker and the rest of your loved ones and allow them to at least understand why those decisions were made.

Next Assignment
Now that you are familiar with what estate planning is and the benefits it can provide for you and your loved ones, your next assignment is to call us. Together, we can dive deeper into your unique situation and design a lesson plan that will protect you and guide your loved ones.

05/12/2020

Your Trusted Counselor
ESTATE PLANNING AS A POWERFUL EXERCISE IN OPTIMISM
Many scientific studies have established that there is a wide range of benefits flowing from a positive attitude and positive thinking. At a time when many are focused on worst-case scenarios and gloomy predictions, you can resist the pull of negativity and embrace the beneficial results of positivity. This is not just an attempt to make yourself feel better in spite of reality, but rather to take full advantage of the proven benefits of positivity. You can increase not only your own wellbeing but also that of your children or other beneficiaries by creating an estate plan designed to promote their happiness, which in turn, will enable them to live healthier and more successful lives. Fortunately, if you are someone for whom it does not come naturally, positive thinking can be learned by surrounding yourself with positive people, deliberately engaging in positive self-talk, and living a healthy lifestyle, just to name a few common methods.

Health Benefits of Positivity

According to the Mayo Clinic, positive thinking has a multitude of health benefits, including an increased life span, lower rates of depression, lower levels of distress, greater resistance to the common cold, more psychological and physical well-being, better cardiovascular health and less risk of death from cardiovascular disease, and better coping skills.[1] Happiness, a byproduct of a positive attitude, has repeatedly been shown to boost the immune system, with studies showing that happy people who were exposed to illnesses were less likely to become sick or had milder symptoms than others who were less happy.[2]

Impact of Positivity on Success

Dr. Martin Seligman, a well-known researcher in the field of psychology, has found that those who are happy and satisfied with their lives are more likely to have desirable outcomes in school, work, social relationships, health, and life in general. Negative emotions narrow our perspective, driving us toward a single, instinctive action (reacting to danger) while ignoring everything else around us. In contrast, positive emotions are accompanied by a broadened perspective that allows us to see and examine a variety of options and then choose the one we believe is best for that moment.

Those who tend to be more optimistic are more likely to establish clear life goals, focus on different ways to reach their goals, and believe that their goals will become a reality. Hopeful people view negative events as temporary setbacks or isolated unfortunate events. As a result, they are more resilient and able to handle challenges and view them as learning experiences. They have confidence that they can take action to improve their lives, and thus, are more likely to do just that.

Use Your Estate Plan to Create Positivity and Appropriate its Benefits for Your Beneficiaries

Rather than focusing primarily on negative goals, such as preventing a spendthrift child from wasting his or her inheritance, view your estate planning as a way to pass along a positive legacy. One method is to create an ethical will that shares your important values, religious beliefs, life lessons, and blessings with your family members. An ethical will, which could be in written or video form, is something that could be shared during your lifetime as a way of drawing family members closer together, or it could be one of the most meaningful gifts you leave for family members when you pass away. The positive emotions that come from the enhanced relationship and knowledge that they are loved could be a powerful catalyst that increases the wellbeing of your family.

In addition, you can provide funds for activities that create positive experiences for your beneficiaries, ultimately enhancing their wellbeing. Although providing financial security for family members and loved ones is clearly a positive goal, rather than simply thinking of your wealth as a way for your children or loved ones to acquire more “stuff”, you can be more deliberate and thoughtful about your estate planning, setting aside money for meaningful experiences, e.g., family trips, schooling, or volunteer activities, that will allow your beneficiaries to flourish and develop their strengths and interests. In fact, research shows that experiential gifts (gifts of events that recipients experience) result in a stronger relationship between the giver and the gift recipient than material gifts, even if the gift giver does not experience the event with the recipient.[3] The improvement in the relationship is the result of the positive emotions that are experienced while the recipient is experiencing the gift. These positive emotions also can ultimately increase their physical and mental wellbeing and likelihood of success in life.

Let Us Help You Achieve a Positive Goal

During this time of crisis, a positive attitude is more important than ever. We can help you think through and identify the ways you can incorporate positivity into your estate planning, which will provide you with the confidence and peace of knowing that you are not only providing your family with financial security, but also that you are leaving a positive legacy that will promote your loved ones’ physical, emotional, and spiritual wellbeing and future success. Please call us today to schedule a meeting so we can discuss how you can best achieve your positive estate planning goals. We are more than happy to meet with you over the phone or videoconference if you prefer.

[1] “Positive Thinking: Stop Negative Self-Talk to Reduce Stress,” last visited April 16, 2020, https://www.mayoclinic.org/healthy-lifestyle/stress-management/in-depth/positive-thinking/art-20043950
[2] Mark Holder, “Happiness and Your Immune System,” Psychology Today, June 9, 2017, https://www.psychologytoday.com/us/blog/the-happiness-doctor/201706/happiness-and-your-immune-system
[3] Cindy Chan and Cassie Mogilner, “Experiential Gifts Foster Stronger Relationships than Material Gifts,” 43(6) Journal of Consumer Research 913 (April 2017), https://acadehttps://academic.oup.com/jcr/article/43/6/913/2632328mic.oup.com/jcr/article/43/6/913/2632328

BROUGHT TO YOU BY:
THE LAW OFFICE OF DONNA PERSON SMITH, PLLC
3708 14TH ST PI SW

PUYALLUP, WASHINGTON 98373

Positive thinking — Harness the power of optimism to help with stress management.

04/13/2020

I realize that now is a time of great uncertainty and anxiety in light of the current COVID-19 pandemic. I wanted to reach out to you and let you know that The Law Office of Donna Person Smith, PLLC, is here for you and your family. We are doing our best to continue making ourselves available to all of our clients, while also looking after the health and wellbeing of our staff and abiding by the federal social distancing guidelines. As such, you can reach us by phone 253-840-0288 or by email to [email protected].

How can you prepare for coronavirus?

I wanted to touch base, in particular, about making sure your medical directives are in place and reflect your current health care wishes. This document allows you to designate who can make medical decisions for you, should you fall ill or become incapacitated due to the virus. With an agent in place, your wishes are more likely to be honored and you will ease your family’s stress at having to guess what you might have wanted. If you’d like to learn more about how to choose a medical agent, please contact our office to speak with an attorney.

If you already have a medical power of attorney:

Once you get the medical directives (or a complete estate plan) in place for potential incapacity, you cannot simply stick it in a drawer and forget. Instead, you need to have your incapacity plan reviewed every few years and after any major life event (such as a divorce or death) to ensure that the plan will work the way you intend it to work if it is ever needed.

We’re here to help.

Washington State law may have restrictions on who can be your medical agent. We can make sure that your choice abides by state law, as well as help you choose an appropriate alternative agent or co-agent (should your circumstances need one).

Please contact my office now to schedule a convenient time for us to discuss your questions about incapacity planning and to arrange for a plan review. Only an up-to-date estate plan works and we’re here to help you get yours in order.

03/25/2020

The Law Office of Donna Person Smith, PLLC,
Washington Covid-19 Office Procedures

On March 23, 2020, Governor Inslee issued an Executive Order directing all residents immediately to heed current State public health directives to stay home, except as needed to maintain continuity of operations of essential critical infrastructure sectors and additional sectors as the State Public Health Officer may designate as critical to protect health and well-being of all Washingtonians.
In accordance with this order, the Governor has designated the following list of “Essential Critical Infrastructure Workers” to help state, local, tribal, and industry partners as they work to protect communities, while ensuring continuity of functions critical to public health and safety, as well as economic and national security.
Included in the list of essential critical workers are the Courts, consistent with direction from the Washington State Chief Justice. As such, our office will remain open for business, but we are following a number of safety procedures as follows:

• We are not scheduling any in person office appointments at this time except in emergency situations where no alternative is available;
• All appointments shall be via phone or Skype;
• If you need to provide documents to our office, please do so via fax to 253-465-5929 or via email to the attorney or paralegal you are working with, if at all possible.
• If you must drop documents off at our office, please do so quickly – this is not a time to visit with staff.
• Please understand that we are enforcing a 6-foot social distance barrier for the safety of our staff and clients.
• If you are sick, or believe you might be sick, PLEASE DO NOT COME TO OUR OFFICE.
• If you need to reach a staff member during normal business hours, please call 253-840-0288 to schedule a phone or Skype appointment.

THANK YOU FOR WORKING WITH US AT THIS DIFFICULT TIME AND PLEASE STAY SAFE!

03/20/2020

WHAT WE KNOW SO FAR ABOUT THE CORONAVIRUS (COVID-19)
First let me begin by saying that I am not a doctor. I am an attorney based out of Puyallup, WA, and all of the information you will read in this article has been obtained from reliable sources such as the Center for Disease Control (CDC) and the World Health Organization (WHO). Make sure to stay updated by following the links provided.
According to these sources, as of March 15, 2020, there are 149 confirmed cases of coronavirus (COVID-19). The WHO has called the coronavirus a “pandemic” with more than 153,648 cases confirmed worldwide and over 5,746 deaths.
The coronavirus is a disease that we cannot ignore. It transmits easily and it is spreading at an alarming rate. Elderly adults are especially vulnerable and those who have an underlying issue such as diabetes, cancer, respiratory problems, among others.
The first thing you need to know about the coronavirus is how it spreads. According to the CDC, the coronavirus virus spreads mainly from person-to-person. Ways to protect yourself against been infected with the coronavirus include cleaning your hands often, avoid close contact with people that are sick, social distancing from other people, cover cough and sneezes, among many others.
With so many confirmed cases of the coronavirus in Washington State, I want to let you know some of the things you should consider to prepare yourself as it relates to your estate plan, and the proper documents you can put in place in the unfortunate event that you are infected with the coronavirus:
ESTATE PLANNING DOCUMENTS TO CONSIDER OR REVIEW WHEN PREPARING FOR THE CORONAVIRUS:
REVIEW YOUR LAST WILL AND TESTAMENT
Now is the time to review your last will and testament. Is your will up to date? Do you even have a last will and testament?
A last will and testament to be valid in Washington must be signed by you in front of two attesting witnesses, all in the presence of each other.
REVIEW YOUR REVOCABLE LIVING TRUST
When was the last time you reviewed your revocable living trust? Do you need to update your beneficiaries and how they are to receive the property? Will they receive the trust property outright or in trust? Are the beneficiaries minor or adults? The answer to any of these questions can potentially affect your intent as it relates to your estate plan.
Have you funded your revocable living trust with your assets? If you have not funded your revocable living trust, then you will not be able to avoid Probate Court.
Reviewing your revocable living trust is particularly important when you have minor children.
REVIEW YOUR BENEFICIARY DESIGNATIONS
Assets titled under your own individual name pass through Probate Court. Assets such as bank accounts, IRA’s, life insurance, and annuities have the ability to designate a beneficiary upon your passing.
When the beneficiary is properly updated, at your passing, your beneficiary will receive the funds from those accounts outright unless you designate your revocable living trust as your beneficiary or to your estate if you fail to designate a beneficiary or if you beneficiary has predeceased you.
Make sure to call your financial institution or check online to review your beneficiary designation. Complete your beneficiary designation if you have not already done so or update them if you want to make any changes.
REVIEW YOUR FINANCIAL POWER OF ATTORNEY
If you get infected with the coronavirus having a durable power of attorney is a key document in your estate planning preparations. The durable power of attorney allows you to designate an agent to make financial decisions on your behalf. Meaning someone is going to be able to handle your financial affairs in the event you are unable to do so.
The durable power of attorney is especially important if you have a business or if you are an elderly individual and you rely upon others to assist you in your day-to-day affairs.
REVIEW YOUR HEALTH CARE DIRECTIVE
The health care directive allows you to designate a person of your choosing to make health decisions on your behalf as well as receive health care information from your doctors. Have you designated a loved one to assist you with the unfortunate event that get infected with the coronavirus?
The health care directive is another key document in your estate plan preparedness.
REVIEW YOUR MEDICAL POWER OF ATTORNEY FOR MINOR CHILD
If you get infected with the coronavirus and have minor children, do you have a Medical Power of Attorney giving someone the authority to take your children to the doctor? What if you need to quarantine yourself and cannot take care of your child?
Have a Medical Power of Attorney for a Minor Child allows you, the parents, to give a family member the authority to take your child to the doctor and receive and make health care decisions on their behalf. This is one document that must people fail to prepare during an emergency.
REVIEW YOUR LIVING WILL
A Living Will is the document where you designate whether you want life-prolonging treatment should you be in a terminal state. Do you want respirators to help you breathe? Do you want to be kept alive artificially? All of these are hard questions that must be thought about ahead of time with the people you love.
FINAL THOUGHTS ON ESTATE PLANNING AND THE CORONAVIRUS
As an estate planning attorney, I deal with a lot of elderly individuals looking to protect their families. The elderly community is especially vulnerable against the coronavirus. It is our social responsibility to try to do everything in our power from spreading this vicious disease.
If you have any questions relating to estate planning and how to protect yourself in the event you are infected with the coronavirus do not hesitate to contact my office at (253) 840-0288 or through email at [email protected]. Together as a community we can overcome this ordeal.

03/20/2020

The State and Local courts in Pierce and King Counties have implemented changes due to the COVID-19 pandemic. As such Court will not be held until late April or May, except for emergency hearings. If you have an emergency family law matter or domestic violence situation, those matters will still be heard and you will not have to wait to have your matter before the court for relief.
While our office will still be working diligently on your cases, for the health and safety of our community, appointments will be telephonic or via Skype if possible. To schedule an appointment please call the office at 253-840-0288. We are all available by email at the following email addresses: [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], and [email protected]
Please take care of yourselves and do what you can to help prevent the spread of this virus.

02/22/2020

We now offer Estate Planning Services. Please call to schedule an appointment to discuss your estate planning needs. We will also be having a wine tasting and presentation about estate planning on April 7th from 6:00 p.m. to 8:00 p.m. at the Total Wine & More in Puyallup. Please call the office to reserve your spot 253-840-0288.