Mulvaney Law Offices, PLLC

Proposed Improvements to the Law

Proposed Improvements to the Law

About Christopher

Christopher's Personal Views

Thirty-one proposals for making the law work better for ordinary people — offered in Christopher's individual capacity.

Oliver Wendell Holmes — The life of the law has not been logic; it has been experience.
Trump photoshopped onto Roman emperor statue — 'The wheels of justice turn slowly but exceedingly fine' — Textus Empiricus
Abraham Lincoln — The best way to get a bad law repealed is to enforce it strictly.
Marcus Tullius Cicero — The best interpreter of the law is custom.
Plato — Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws.
Editorial cartoon — Wheels of Justice gears labeled Congress, Mueller, Justice Department, Supreme Court, Russia, Media grinding forward while a crowned figure tweets 'tappity tap tap' and is dragged in by a red tie.

"Justice denied anywhere diminishes justice everywhere."

— Martin Luther King, Jr.

01

Abolish the Electoral College

The Electoral College is a racist system that undermines democratic principles by allowing a candidate to win the presidency without winning the national popular vote. It violates the principle of "One Person, One Vote" and creates a disproportionate focus on swing states, depressing voter turnout in states that are not competitive. It also creates the "Faithless Elector" risk — where electors vote against rather than for the candidate chosen by the voters of their state.

The system was originally designed as a 1787 compromise to bridge communication gaps across vast distances and to protect the interests of smaller, slave-holding states. That rationale is entirely irrelevant today. The President of the United States should be elected by a direct national popular vote — one citizen, one vote, every vote equal.

02

Nationalize Voting by Mail in Every Election

Every eligible American citizen should have the right to vote by mail in every federal, state, and local election. It maximizes voter participation while dramatically increasing the accessibility and convenience of the democratic process. Voting is more informed and deliberate at home. Racist disenfranchisement of Black and Brown skinned voters by restricting access to polls would no longer be an issue. It is cost effective, there is a paper trail, and people do not have to take time off work.

03

Give D.C. Residents the Vote

Denying more than 680,000 American citizens a voice in the legislature that taxes and governs them violates the core founding principles of American democracy. It is Taxation without Representation and it is racist. D.C. generates enough local tax revenue to operate an independent economy that is larger than multiple states, making its lack of local autonomy and congressional oversight highly controversial. D.C. is larger than Wyoming and Vermont.

04

Uniform Probate Code — National Adoption

The Uniform Probate Code should be adopted in all 50 states. Inconsistent state probate laws create unnecessary complexity and expense for families with assets in multiple states. A uniform national framework would reduce litigation, lower costs, and make estate administration more predictable for everyone.

05

Expand Remote Online Notarization

Remote Online Notarization (RON) should be universally available in all 50 states for all legal documents, including real estate transactions. Washington State has led the way — enacting Senate Bill 5641 — Remote Online Notarization (Washington State, 2020) and RCW 1.80.060 — Electronic Signatures are Valid. The technology is secure, the convenience is enormous — particularly for elderly, disabled, and geographically remote clients — and there is no legitimate reason to restrict it.

06

Reform 401(k) Spousal Rights and Beneficiary Designations

ERISA's spousal consent requirements for 401(k) beneficiary designations are poorly understood by plan participants and inconsistently administered by custodians. The rules should be simplified, the forms standardized across all custodians, and participants should be affirmatively notified of the requirement at enrollment and at every subsequent beneficiary designation change.

Automatic Splitting of 401(k) Accounts Between Spouses: If you are married, every 401(k) (or similar) contribution by an employee — including employer matching contributions — should be required to be automatically split into two equal accounts, one for each spouse. That would be completely consistent with community property. It would avoid the dreaded QDRO (Qualified Domestic Relations Order), which is a Divorce Court Order that splits retirement accounts of married people without negative tax implications. It would reduce anxiety and stabilize the economy because all retirement accounts would contain only each individual's share rather than containing community property as our current system does.

Currently I advise clients to track the 401(k) contributions of each spouse during marriage and to increase the net worth of the spouse with much less in contributions. This attempt at some degree of equalization would be totally unnecessary. Protecting each spouse's retirement should be effortless. Nobody should have to go to Court to protect their retirement income.

Automatic Naming of Surviving Spouse as Primary Beneficiary: Currently, upon marriage no one other than your spouse can be named as 100% Primary Beneficiary without their written consent. If the beneficiary form is blank, the surviving spouse has to do an unnecessary Probate to get their deceased spouse's retirement account funds. Every surviving spouse should automatically be Primary Beneficiary regardless of when an online form is filled out and regardless of whether anyone other than the surviving spouse is named as beneficiary. This would prevent grieving surviving spouses from having to waste time, money, and effort at a time when it is especially burdensome.

If children were automatically contingent beneficiaries then you would have to intentionally disinherit your child if you wished to do so. Currently, you can inadvertently disinherit a child and there is nothing they can do about it. Courts cannot change beneficiaries of deceased people. Judges tell parties they have to talk to the Legislature to address the unfair disinheritance.

New Account Numbers After Marriage: If everything in your 401(k) on the date of marriage had a separate account number and you could name anyone you wanted as beneficiary, and everything you added after marriage had another account number with your spouse as automatic beneficiary, it would cut down on disputes. There would be no reason to pay lawyers hundreds of dollars per hour to sort out what is community property and what is separate property.

07

Protect Separate Property Rights During Marriage

Washington State should strengthen the legal infrastructure for separate property trusts — making it easier and less expensive for individuals, particularly women, to hold and protect separate property during marriage. The current system places too much practical burden on the individual to document and defend separate property claims, and too little burden on the party seeking to commingle or claim those assets.

08

Raise the Washington State Estate Tax Exemption

Washington's $3 million Estate Tax Exemption (2026) is among the lowest in the nation and has not kept pace with real estate appreciation in the Puget Sound region. A middle-class homeowner in Bellevue or Seattle who bought their home decades ago may now have an estate that triggers Washington estate tax — not because they are wealthy, but because housing prices have risen dramatically. The exemption should be indexed to inflation and regional real estate values.

09

Mandatory Estate Planning Education

Basic estate planning concepts — wills, trusts, powers of attorney, beneficiary designations, and probate avoidance — should be taught in high school and made available as a free public resource through state bar associations and public libraries. The consequences of dying without a plan fall disproportionately on families with modest means, who can least afford the resulting probate costs and family conflict.

10

Standardize Transfer on Death Deed Laws Nationally

Transfer on Death Deeds are available in only about half of U.S. states. They are one of the most effective and inexpensive probate-avoidance tools available to homeowners. Every state should adopt a TOD Deed statute modeled on the Uniform Real Property Transfer on Death Act — allowing homeowners to pass real estate to named beneficiaries at death without probate, without losing control during life, and without the cost of a trust.

11

Sovereign Wealth Funds and State Banks

A Nation should have a Sovereign Wealth Fund (SWF) and National Bank. States should have Sovereign Wealth Funds and State Banks. Large Municipalities should have Sovereign Wealth Funds and Municipal Banks.

Each of 10 core government departments — at the national, state, and large municipality level — should have its own endowment so that human needs in those areas could be met without tax revenue. Tax revenue should be added to the Sovereign Wealth Funds and Department Endowments. Five percent of each fund would be sold every year and used for that department's services. That way the tax burden could be alleviated and elected officials would have more money to direct to the needs of their constituents.

The 10 Departments: (1) Universal Basic Income & Insurance Social Safety Net; (2) Education & Training; (3) Healthcare & Necessary Environmental Protection; (4) Housing & Utilities; (5) Transportation; (6) Security, Public Safety, Public Space & Justice; (7) Trade, Commerce, Finance, Labor & Taxes; (8) Communication & USPS; (9) Agriculture, Textiles, Food & Beverage; (10) Infrastructure, Historical Preservation, Arts & Science.

The State Bank would conduct all government business and pay all State benefits to accounts at the bank. Checking would be free for all. Direct Deposit would be free for all. People receiving Social Security, retirement, or pensions would have Exempt Accounts such that no other funds could be deposited and no creditor could attach the funds. All Marijuana business funds could be kept in the State Bank because it would not be FDIC insured, but self-insured. The purpose of the State Bank is to meet the needs of low-income citizens and citizens not currently served by banks — instead of paying for the use of private banks with public funds that could be better spent.

12

Charitable Remainder Trusts as a National Wealth-Building Strategy

Citizens could create widespread Charitable Remainder Trusts (CRTs) for the benefit of their children and grandchildren. For example, 5% of $1 million is $50,000. So, for $1 million a parent or grandparent could give guaranteed minimum income for life with the remainder to go to the SWF upon death. The recipient pays taxes on the $50,000 in income and can give some of that income to charities, churches, or other non-profits. That way there is an ever-increasing cycle of private benefit and security as well as public benefit and security.

$10 million would give $500,000 a year for life guaranteed. $100 million would give $5 million a year guaranteed. There is no limit.

That would have been a much better use of the money that Fred Trump illegally transferred to his adult children in order to avoid estate tax. A Charitable Remainder Trust avoids estate tax legally and benefits society instead of being a crime with private benefit and tax evasion.

CRTs offer a win-win scenario: they support non-profits and charities, minimize capital gains taxes, provide an immediate income tax deduction, generate a steady income stream, reduce estate taxes, and allow asset diversification without triggering capital gains. The IRS supports the use of CRTs due to the significant positive societal impact generated through charitable giving — recognizing that this tool aligns private financial interests with public benefit.

Important considerations: CRTs are irrevocable. Establishing and maintaining a CRT involves legal and administrative complexities requiring professional guidance. The IRS mandates a minimum payout of 5% of the trust's assets annually. Payments received by non-charitable beneficiaries are taxable as ordinary income and/or capital gains.

13

A Hippocratic Oath for Lawyers

Lawyers need a professional oath equivalent to the physician's Hippocratic Oath — a public commitment to do no harm, to serve the client's genuine interests rather than merely their stated wishes, and to recognize that the legal system exists to serve justice, not to be weaponized. The adversarial system is essential, but it requires lawyers who understand that zealous advocacy and ethical restraint are not opposites.

14

Require Full Legal Names on Title to Real Estate

When there are variations in names, an AKA is needed to clarify Title. If a variation is missed it can interfere with a conveyance. If there is more than one AKA it gets ridiculous. The full legal names of the responsible taxpayers should be required on all parcels of real property. It is bad enough that FKA and NKA have to be used for Court Ordered name changes without adding to the problems by needlessly using multiple variations of names to hold title.

15

Digital Assets and Cryptocurrency Transfer & Management

Estate planning needs to adapt to include provisions for managing and transferring cryptocurrencies and other digital assets. Smart contracts, operating on blockchain systems, can be developed to automatically transfer crypto assets upon specific conditions — such as the presentation of a death certificate — reducing delays and potential disputes.

16

Easy, Inexpensive Financial Guardianship for Vulnerable People

Undue influence and outright theft are common in the later years of life. If the State had its own bank and every citizen had an account, and all state and government business was conducted through the state bank, then the state bank could have a guardianship division to manage the finances of people on Social Security or who are receiving government pensions.

The state bank could also create a collection-proof account type for people whose income is retirement, disability, or unemployment. Only funds from exempt sources could be deposited into the account. Such accounts would be safe from attachment. Specialized accounting software could be created to monitor accounts of vulnerable people to see that they are not being taken advantage of or stolen from. The state bank's mission goes beyond profit, so such a bank would operate differently than a purely profit-seeking bank.

17

Create a Wealth Tax and Eliminate All Estate & Gift Taxes

A national tax on wealth should be created so that it is irrelevant whether assets are given during life or after death — because any and every person who holds the wealth is taxed on it. We already have the ownership records of every stock and bond in the U.S. as well as the cost basis and gain of every stock. Computing power should be sufficient such that a return is created and filed for each person with publicly available information. Then people could provide documentation as to why anything should be changed before the taxpayer agrees with the return.

If the taxpayer does nothing, there would be an automatic payment on arrears and withholding adjustment if tax was owed for the next year. That way taxpayers would not get years behind and have huge tax bills. The tax system should be automatic, simple, and fair. It is none of those things now. There should be software on the IRS website that anyone can use to see what information the IRS has and to upload corrections to that information to keep it as accurate as possible at all times.

18

Combat Discrimination — Restore and Expand DEI

Diversity, Equity, and Inclusion is what Government should be modeling for the rest of society. It is shameful that it is being rolled back. Equal protection under the law is not a partisan issue — it is the foundation of the Constitution.

19

Improve Access to Counsel for Immigrants & End Mandatory Detention

Every person in immigration proceedings deserves access to legal counsel. Mandatory detention — particularly for people with no criminal history — is expensive, inhumane, and unnecessary. Alternatives to detention are effective and far less costly.

20

Overturn Citizens United

Corporations are not people. They never have been and they never will be. Corporations are creatures of statutes that should be governed by the statutes that created them. It is a staggering injustice that the 14th Amendment — created to address slavery — is most often used today to benefit corporations.

Corporations want it both ways: all of the protections against incarceration that come from committing crimes as an officer of a corporation, and the right to be treated as people under the law for the purpose of equal protection. Corporations have the benefits without the burdens. They have much more ability to influence policy than people do. This is very dangerous. Corporations are entities that have access to the lawmakers who control enforcement of laws against them.

21

Reinstate the Glass-Steagall Act — Separate Commercial & Investment Banking

We did not learn from the worldwide economic downturn of 2007–2009. The unregulated derivatives that caused the crisis are still unregulated. Government needs to have visibility on the financial workings of the country. Without visibility, nobody knows the true level of risk to the system because the private parties are each guarding their proprietary information. The scale of undocumented derivatives is staggering.

22

Provide Equal Access to Education

Education is the cornerstone of upward mobility. Before I went to law school I was a Consumer Credit Counselor making $25,000 per year. Law school changed my life. Every person deserves the same opportunity.

23

Provide Equal Access to Housing — End Homelessness

Homelessness is a national embarrassment that must end. Housing is a human right. The wealthiest nation in the history of the world has no excuse for the scale of homelessness we tolerate.

24

Provide Equal Access to Public Transportation

The United States needs a national high-speed train system and a train system from major airports to city centers and suburbs. The absence of world-class public transit is a policy choice, not an inevitability.

25

End Mass Incarceration

Having the highest incarceration rate in the world is something we should be ashamed of. It is part of a long list of racist policies coming from the mindset that created over three centuries of slavery and Jim Crow.

26

Prohibit the Death Penalty

Incarcerated people should never be killed by the State. The death penalty is irreversible, applied disproportionately to people of color and the poor, and has been applied to innocent people. No legitimate justice system can tolerate that risk.

27

Ensure Women's Access to Birth Control and Abortion

Women in every state should have control over their bodies. Access to reproductive healthcare — including contraception and abortion — is a fundamental right. No government should be able to override a woman's medical decisions.

28

Reform Bail — End Cash Bail

Cash bail should not keep poor people in jail awaiting trial. Pretrial detention based on inability to pay — rather than on risk of flight or danger to the community — is unjust and unconstitutional in its practical effect.

29

Keep Youth Out of Adult Prisons

People under the age of 18 should never be housed in adult prisons. The research is unambiguous: placing juveniles in adult facilities increases recidivism, exposes them to violence, and destroys any realistic chance of rehabilitation.

30

Don't Disenfranchise Felons

Felon disenfranchisement is a racist policy designed to keep Black people from voting. It has no legitimate penological justification. Every person who has served their sentence should have their voting rights automatically restored.

31

Don't Allow Prison Labor to Be Exploited

The system of slavery is highly addictive. The beneficiaries of it just do not want to let it go and are willing to avail themselves of any possible workaround to get similar benefits. Prison labor paid at pennies per hour is one of those workarounds. It must end.

Mikhail Bakunin — Human nature is so constituted that the propensity for evil is always intensified by external circumstances, and the morality of the individual depends much more on the conditions of his existence and the environment in which he lives than on his own will.
"Laws should be like clothes. They should fit the people they are meant to serve."

— Clarence Darrow

Henry Wadsworth Longfellow — Though the mills of God grind slowly, yet they grind exceeding small; Though with patience He stands waiting, with exactness grinds He all.
Will Rogers — And the thing about my jokes is, they don't hurt anybody. But with Congress, every time they make a joke, it's a law! And every time they make a law, it's a joke!
Charles Dickens — The one great principle of English law is to make business for itself.
Earl Warren — It is the spirit and not the form of law that keeps justice alive.

The following are Christopher's personal proposals for legal reform — offered in his individual capacity, not as legal advice, and not as positions of Mulvaney Law Offices PLLC. They reflect observations from years of practice and a genuine belief that the law can be improved to better serve ordinary people.

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