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Questions Answered by Brent Bowden
1 Answer | Asked in Estate Planning and Probate for Washington on
Q: When a person passes and there is a will shouldn't all parties be notified? And if there not what do you do?

IT's been a year and a half since the passing and she is now being asked to sign papers to sell property by family members with no reason

given for her to have to sign. A will perhaps she was not made aware of???

Brent Bowden
Brent Bowden
answered on Aug 31, 2023

The heirs should be notified when a probate is opened. However, it is not always the case that someone opens a probate. If no probate was opened and nobody was appointed Personal Representative, there would be nothing to give notice of.

1 Answer | Asked in Landlord - Tenant for Washington on
Q: In Washington, does RCW 59.18.060 (6) mean my landlord has to give me a key rather than relying on an electronic lock?

I recently moved into an Essex apartment in Seattle, Washington; the door has a SmartRent Device electronic lock which has a keyhole, but I have been given no key, and it is management policy not to give anyone keys except to fulfill disability accommodations.

RCW 59.18.060 includes the... View More

Brent Bowden
Brent Bowden
answered on Jun 26, 2023

I am not aware of any caselaw answering the question directly. The statute likely predates the prevalence of electronic locks and codes, but it certainly raises issues if they only give you a code and not a physical key. If the power goes out/battery dies/tech malfunctions, etc. Not to mention it... View More

1 Answer | Asked in Landlord - Tenant for Washington on
Q: Can my landlord make me pay using a cashiers check after one returned rent payment?

My lease states after 2 returned bank items a cashiers check or money order will be required. Before I signed my lease I had 2 application fees fail because I used a credit card. I found out after that you couldn’t use a credit card on their system. I’ve had only 1 returned bank item since... View More

Brent Bowden
Brent Bowden
answered on May 4, 2023

RCW 59.18.063 requires that a landlord accept a personal check, cashier's check, or money order. Except that they do not have to accept a personal check if one has been returned NSF in the last 9 months.

https://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.063

So, under the...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Washington on
Q: What constitutes a insolvent estate? My father passed away leaving his property to with a attached mortgage.

He also left a life insurance to me that was to go to pay off mortgage. The Life insurance claim was denied. He has a large amount of money in bank acct he left to another family member. Can that money be used to help payoff mortgage?

Brent Bowden
Brent Bowden
answered on May 4, 2023

An insolvent estate is an estate where the debts exceed the assets. In other words, the estate is not going to have the ability to pay all of its creditors.

The question of whether money left to a specific beneficiary can be used to pay the debts of the estate (like the mortgage) is...
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1 Answer | Asked in Landlord - Tenant for Washington on
Q: When are you required to renew your lease in Washington state?

Hello, we live in Washington state. We are currently leasing a home and our lease ends July 31 of this year. Our landlord is requesting that we renew or lease in two days otherwise he will begin looking for other tenants. We are trying to determine if purchasing a home would be a better option but... View More

Brent Bowden
Brent Bowden
answered on Apr 26, 2023

Unless your rental is in a jurisdiction with its own set of rental protections, RCW 59.18.650 is the statute that likely answers your question. The answer is going to depend on the type of lease you have and the language used in the lease.

If your initial lease is what expires on July 31,...
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1 Answer | Asked in Business Formation and Business Law for Washington on
Q: I have a sole proprietorship business but would be safer to have an LLC for liability reasons?

I have a sole proprietorship plumbing business but have been told by other business owners lately that I should have gone with an LLC. I am fully insured, bonded, and licensed but I want to make sure that will protect my personal assets if something does happen one day. I have been researching how... View More

Brent Bowden
Brent Bowden
answered on Apr 26, 2023

An LLC can certainly provide an additional level of protection for your personal assets, when properly set up and properly run. But, as you pointed out, you would likely need to open a new bank account and set up your license, insurance, bond, etc to reflect the LLC. Some of those things you might... View More

1 Answer | Asked in Employment Law, Admiralty / Maritime and Business Law for Washington on
Q: Can a captain charge deckhands for gear/supplies as he deems fit?

Normal deductions are food/fuel. The following are extra.

2 examples.

A captain from another boat needs to borrow a grapple hook. With the captains permission a deckhand takes the hook to the other boat and helps with the task. The hook is accidentally left on the other boat and... View More

Brent Bowden
Brent Bowden
answered on Mar 27, 2023

I think the answer depends on how the crew is being paid. It is also potentially not a WA answer if the work is being done in Alaska.

In WA, an employer cannot charge an employee for broke/lost equipment unless it was an intentional or dishonest act that caused it to be lost/broken. I...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Washington on
Q: Who's responsible to survey property before building fences. Contractor or home owner?

My neighbor had a contractor build a fence on our property line and says it's not his fault if it's on my property. Says he did not need to survey because the contractor is licensed and bonded and can't break the law. I hired a surveyor and proved the fence is on my property and now... View More

Brent Bowden
Brent Bowden
answered on Mar 27, 2023

The property owner is ultimately liable for their fence and where it was placed. They may have a claim against the contractor if the contractor was supposed to verify the boundary, but I have never seen a fence contractor take responsibility for the survey or location.

There are a lot of...
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1 Answer | Asked in Estate Planning, Elder Law and Probate for Washington on
Q: In WA, What do I file to take immediate control of father's estate?

My stepbrother moved into my father's house last year after being evicted. Claimed to be caregiver, but after my father had a couple hospital stays due to bed sores, etc, I sold my house and moved in to finished basement about a month prior to his death. While I was with my father at the... View More

Brent Bowden
Brent Bowden
answered on Aug 29, 2019

The typical way to gain control of his probate would be by initiating a probate, but, as you indicated, that requires a final death certificate.

The court can appoint a special administrator if there is something critical that must be addressed before a personal representative can be...
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1 Answer | Asked in Estate Planning for Washington on
Q: my mom is giving my nephew my stepdads house and its not in her name can she do that?

my dads name was the only name the house was in and my mom had to get an attorney to get the house, only the finance company will not put it in her name until its paid off. what happens to it when she dies does it go to her children. because she is trying to give it to my nephew they went down and... View More

Brent Bowden
Brent Bowden
answered on May 19, 2019

If your mom did not have a will, you would have a right to it before your nephew.

However, while your mom is alive, she can do more or less whatever she wants with her property. Likewise, she can leave it to whoever she wants in her will. At that point, you would have no right.

As...
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1 Answer | Asked in Estate Planning for Washington on
Q: Can I make a secret will that my husband will not know about until my death?
Brent Bowden
Brent Bowden
answered on Nov 22, 2018

There is no requirement that your husband be aware of your will. But there are risks to a secret or surprise will. In the event you died and your husband survived you, he would be likely to open a probate assuming your old will or as if you didn't have one. If nobody brings the secret will to... View More

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: My mom passed away without a will. Her and my dad were married for 49 years. They lived in a house on land that she

inherited while they were married. He is not on the deed. There are 7 children. 4 from her previous marriage and 3 from her current marriage. My sister says the 4 from her previous marriage are entitled to 1/2 of the estate, but the 3 from her current marriage are not entitled to anything. What is... View More

Brent Bowden
Brent Bowden
answered on Nov 1, 2018

When somebody passes away without a will, their heirs are determined by what are called the laws of intestacy. Washington's can be found at RCW 11.04.015 (http://app.leg.wa.gov/rcw/default.aspx?cite=11.04.015).

There will be a question about whether the home is separate or community...
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1 Answer | Asked in Estate Planning for Washington on
Q: How many witnesses do I need present when I sign my will?
Brent Bowden
Brent Bowden
answered on Sep 12, 2018

Two. See RCW 11.12.020 http://app.leg.wa.gov/RCW/default.aspx?cite=11.12.020

Self-proving wills are easier to probate, but slightly more complicated to execute, as they require specific language and a notary. RCW 11.20.020(2). http://app.leg.wa.gov/RCW/default.aspx?cite=11.20.020

1 Answer | Asked in Business Law and Employment Law for Washington on
Q: Is it illegal for a boss to have his family/friends on company payroll even if they don't work for the company?

Mr. Y, is a religious man and head of a seafood company branch owned by the church he attends. 5 years ago, he hired his friend, Reverend K, who "quit" the company after 6 months. Recently, upper management received an e-mail they were not suppose to get. It was HR asking Mr. Y who half... View More

Brent Bowden
Brent Bowden
answered on Sep 12, 2018

It could be argued that he was sealing money and committing fraud, especially if he turned in timesheets/employment applications/etc that contained false information.

1 Answer | Asked in Real Estate Law for Washington on
Q: Husband and wife buy a house together under both there names. They divorce. Husband gets remarried but then passes away.

Husband and wife buy a house together under both there names. They divorce. Husband gets remarried but then passes away. Ex wife name is still on the house. Is it hers or the new wifes?

Brent Bowden
Brent Bowden
answered on Sep 12, 2018

It likely depends on if/how ownership of the house was dealt with in the divorce.

1 Answer | Asked in Estate Planning for Washington on
Q: My friend died in the State of Washington without a will. How must her estate be divided?

My friend (she) has no spouse, no living parents, two living sisters, and two living grandchildren. She also has one living child who is a ward of the State of Washington as the child is mentally disabled.

Brent Bowden
Brent Bowden
answered on Aug 16, 2018

Every state has a set of laws that dictate how property is distributed if there is no will. Washington's can be found at RCW 11.04.015 ( http://app.leg.wa.gov/rcw/default.aspx?cite=11.04.015 ). The exact distribution would depend on who the parents of the surviving grandchildren were (i.e, are... View More

1 Answer | Asked in Estate Planning for Washington on
Q: My parents just willed me some land and mineral royalties in Louisiana. I want to leave 50% of the royalties to my wife.

My 3 sons will get the land and 50% of the royalties. Do I need a lawyer or can I make a will and have it notarized?

Brent Bowden
Brent Bowden
answered on Jul 27, 2018

You can draft a will without a lawyer, but it is important to follow the formalities required by Washington Law (I am assuming you live in WA). Merely having it notarized is not sufficient to create a will in Washington State.

RCW 11.12.020 contains the requirements for witnesses....
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1 Answer | Asked in Landlord - Tenant for Washington on
Q: What does it mean for landlord to attempt to mitigate damages resulting from abandonment. see details for quote.

PROVIDED, That upon learning of such abandonment of the premises the landlord shall make a reasonable effort to mitigate the damages resulting from such abandonment:

Brent Bowden
Brent Bowden
answered on May 15, 2018

It means, usually, that you try to find a new tenant. If a tenant abandons the premises or breaks the lease 3 months into a one year lease, you can't just do nothing and then demand the next 9 months of rent. You have to make reasonable efforts to find a new tenant.

That is a pretty...
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1 Answer | Asked in Estate Planning and Probate for Washington on
Q: Revocable Trust and can I ask for all account of monies.

Mother had no debt. House was sold when she went into Memory Care Facility. She had CD's, and savings account. It took sister 4 months to send letter from attorney regarding the trust. Monies to be divided equally among 3 siblings. It's been 10 months since death and no word on... View More

Brent Bowden
Brent Bowden
answered on May 1, 2018

If you got a letter from an attorney representing the trust or your sister as trustee, I would try reaching out to that lawyer to check on the status or hiring a lawyer to do it for you. There are any number of reasons it could be taking this long.

1 Answer | Asked in Real Estate Law for Washington on
Q: The neighbors carport is 8' on our property. We bought the property less than 6 years ago.

I mentioned it to him a couple of years ago and said I wanted it moved though I was in no hurry. I want him to move it now. What do I do? I sent a certified letter requesting he move it within 60 days but he won't sign for the letter. I did not tell him I was sending the letter.

Brent Bowden
Brent Bowden
answered on May 1, 2018

The answer to this question likely hinges on whether your neighbor can claim ownership of the property the carport is on by adverse possession. To know how strong a claim your neighbor would have, we would need to know how long the carport has been there and under what circumstances (mainly, was it... View More

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