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Washington Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Washington on
Q: how to get back property that was sold by the sister of the real owner by saying real owner is dead and has no heirs.
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 20, 2022

That will probably require an Action for Ejectment. If you have not busted the SOL, you will need a very competent WA attorney that handles real property litigation. It will be difficult, expensive, and the Sister will be cross-claimed for Breach of Warranty of Title.

1 Answer | Asked in Real Estate Law for Washington on
Q: I have 2 properties side by side each with a parcel Number. Can I sell as one? will the parcels retain their P numbers

Trying to avoid paying closing cost on 2 different properties and possible capital gains. This is in Washington State, Skagit County.

Renee Louise Roman
PREMIUM
Renee Louise Roman
answered on Mar 21, 2022

If each property has its own parcel number, yes, you can sell them together to one buyer, but they will retain their original parcel numbers. You will need to pay closing costs on both properties. To find out about possible capital gains, you should consult a CPA and they can advise you according... Read more »

1 Answer | Asked in Civil Litigation, Foreclosure and Real Estate Law for Washington on
Q: My house was sold in a foreclosure sale. There is 45k in excess funds held in the court registry.

For years, then turned over to the Dept of Revenue in Sept of 2020. There's a judgment filed by Chase bank with 0 balance. How do I get my money released to me.

Renee Louise Roman
PREMIUM
Renee Louise Roman
answered on Mar 14, 2022

You will need to contact an attorney who is familiar with this process, someone who can review the status of your claim and petition for release of these funds from the court registry. Through this process, judgment creditors of record (if any) will be notified, after which the funds can be... Read more »

1 Answer | Asked in Real Estate Law, Tax Law and Estate Planning for Washington on
Q: How do I transfer inherited property.

I am the executor and sole beneficiary to my mother's estate. How do I transfer the deed to her house to my daughter?

Renee Louise Roman
PREMIUM
Renee Louise Roman
answered on Feb 26, 2022

Depending on the circumstances, probate may have to be initiated in order to properly transfer the property. A real estate lawyer can prepare a deed and tax affidavit which can then be executed and recorded. You may wish to contact an attorney who practices both real estate and probate to... Read more »

1 Answer | Asked in Civil Rights, Landlord - Tenant and Real Estate Law for Washington on
Q: Where can I find a civil rights lawyer that handles commercial discrimination real estate cases?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 24, 2022

Start buy using the Find a Lawyer tab above and search for civil rights attorneys in your area----call a few and discuss your matter with them. Good luck.

1 Answer | Asked in Real Estate Law for Washington on
Q: Can title insurance enforce title rules?

My neigbor has constructed a chicken coop and a horse stall with fenced grazing area within 100 feet of their own house and mine which is on the first half of their property. Our title specifically prohibits livestock structures within 100 feet of a dwelling and on the first half of the property. I... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 1, 2022

What your "title" says is irrelevant. If there are restrictive covenants to be enforced, it must be in the title chain that you claim has been violated. I doubt your insurance company insures against such risks, but you will need to read your policy, which deals with your title not... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Washington on
Q: Who is responsible for creating and filing the Findings of Fact and Conclusions? The judge?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 26, 2022

Usually either party can proffer their own version of a proposed judgment. The Judge does not have to use it, but may sign it, especially if there is no opposition from the other side. Sometimes the Judge announces he will draft and enter his own Judgment. Rule 59 Motions can be made to alter... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Washington on
Q: My mom passed away and owned a house where she had a roommate but we need to sell the house. How do we handle this?

The roommate doesn't have a lease or anything in writing. We're concerned she may not leave because she doesn't have the means but we need to be able to access the house to prepare it for sale. We need to know what our rights are as the estate administrators.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 28, 2021

It is your duty as an Estate Fiduciary to file the eviction action for possession of the Beneficiaries' real property. Hire a competent WA attorney to file suit.

1 Answer | Asked in Real Estate Law for Washington on
Q: What happens in WA state when an unfiled summons, declaration and complaint are served without the attachments?
Justin Mishkin
Justin Mishkin
answered on Dec 17, 2021

In Washington State, the initial served pleadings generally are not required to be filed or to include attachments. You should consult with an attorney if you have been served as there are important deadlines you should be aware of in order to prevent a default.

1 Answer | Asked in Divorce and Real Estate Law for Washington on
Q: Will I need to pay them out or worry about them taking my house?

I bought a house while married but its only under my name. My spouse signed a quit claim deed during the purchase. If we divorce, do I need to worry about losing the house?

Stacie Lynn Naczelnik
Stacie Lynn Naczelnik
answered on Sep 9, 2021

You should consult with an attorney who can advise you on the complexities of community/separate property and your options when it comes to protecting your interest in the house.

1 Answer | Asked in Civil Litigation, Real Estate Law and Land Use & Zoning for Washington on
Q: If your neighbor logs on your land, do you sue the land owner or the logger, and which law backs that up?

Our neighbor is suing us for cutting down trees on "his" land, which is actually our land. (He is also suing us for a 30 x 330 ft portion of our land by claiming squatters rights as well as emotional damage etc. Its a disaster.) But I thought that if someone cut down trees on your land... Read more »

David C. Smith
David C. Smith
answered on Sep 7, 2021

Generally, both the land owner and the logger can be held liable under the described circumstances. The issue, however is complex in your case because there is a dispute with your neighbor regarding who is claiming ownership of the property where the trees are located. But, to answer your... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Washington on
Q: Do I have legal ground to request land in Winston County Mississippi to be passed on to me as a rightful heir?

Thousands of acres of land in Winston County Mississippi have been divided up between several of my uncles, yet they purposefully excluded my father from his Inheritance. My uncle illegally owns several acres of my fathers land in Winston Mississippi. My father is going to die soon and that land... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 24, 2020

You will have to hire a competent Mississippi attorney who handles real estate litigation. Thorough title searches will have to be performed and heirship determined. Affidavits of Heirship may need to be recorded. If adverse possession under color of title does not deprive you of title,... Read more »

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Washington on
Q: A major issue is not disclosed to a home buyer by seller at time of purchase, how to recover costs?
Tim Akpinar
Tim Akpinar
answered on Sep 28, 2020

A Washington attorney could best advise, but your question remains open for four weeks. Although your question is straightforward and concise, these matters are not always simple. They could sometimes hinge on whether there was a defect, were representations of any kind made, inspections,... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Business Law for Washington on
Q: How can I ask the court to stop a real estate deal that my business partner is doing from happening?

My business partner and I were to buy a real estate property in seattle. we have a detailed contract between us. However, he has formed a team with 3 other people and is now buying that property. I would like to send a letter to the bank, my partner and the seller that my partner is violating the... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jun 17, 2020

You need to speak with a local attorney that can analyze your situation and provide you with legal advice. When you meet with an attorney, you would need to have with you all documents executed between you and your partner. Did you form a partnership? a limited liability company? a joint venture?... Read more »

1 Answer | Asked in Bankruptcy, Real Estate Law and Civil Litigation for Washington on
Q: What kind of lawyer deals with a Timeshare Bankruptcy resulting in a lawsuit. Real Estate? Litigation?
Timothy Denison
Timothy Denison
answered on May 6, 2020

Yes. Real Estate or Timeshare Purchase Companies.

1 Answer | Asked in Real Estate Law for Washington on
Q: I am purchasing my mom's house for 120k it is worth probably 310k. Will I get hit with a huge tax issue next year?

The house is in Washington state.

Vincent Gallo
Vincent Gallo
answered on Mar 30, 2020

Possibly only when you sell due to the law cost basis.

1 Answer | Asked in Estate Planning and Real Estate Law for Washington on
Q: I live in Washington State, my husband and I amicably divorced. Do we need to change the title on our house?

Our mortgage and deed documents say "husband and wife." We want to continue to both own the property, but we're concerned if one of us were to pass away, what that would mean for passing the property automatically to the other since we are no longer married. Our wills state that the... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Mar 29, 2020

You need to update the title to the house so that it conforms to your divorce decree. Was it awarded to the two of you in equal shares? Then update the title so that you each own a 50% undivided interest as tenants in common. A real estate attorney can help you with this.

1 Answer | Asked in Real Estate Law and Tax Law for Washington on
Q: Question for a Tax Attorney about capital gains on houses

in 2005 we (My wife and I) bought a house and lived in it from 2005 till 2008 just after I went into the Army. We were outside the driving area for the base I was stationed at. We turned the property in to a rental and it remained a rental till we sold it in 2018. We used the tax exclusion for... Read more »

D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 11, 2020

There is an ability for military personal to suspend the personal residence exemption but you have to be deployed during the suspension period. There's nothing in your question that makes me think it would apply, but I don't have all the facts.

It's probably not going to...
Read more »

1 Answer | Asked in Real Estate Law, Agricultural Law and Environmental for Washington on
Q: If I have 5 apple trees that are surrounded by acres of commercial orchards, can I be required to spray with pesticides?

The apple trees were on my property and cared for by the orchard company when I purchased my home 3.5 years ago. I put up a fence and the orchard was taken out and re-planted by a new orchard company after the surrounding orchard was sold. The new fruit company asked me to cut down my trees. I am... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2020

This is a fairly complex setting and would probably be better suited to a consult with an attorney in Washington State than a Question & Answer Board. Based on Washington case law, an attorney would be in a better position to meaningfully assess the directive to remove trees or apply pesticides... Read more »

1 Answer | Asked in Personal Injury, Real Estate Law and Antitrust for Washington on
Q: BC resident settled case from July 2015.Attorney held about $5000 in trust & has passed away.need help to recover funds

I am a BC resident involved in a MVA in July of 2015. Claim has been settled. However, my attorney held about $5000 in trust in order to pay back my insurance company. Before he was able to pay back, my attorney has died, and attorney who took over his files claims he has no idea about the deceased... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2020

It could be difficult to track down if the attorney did not make a notation of it in the checkbook for the trust fund account that the incoming attorney could identify. And it looks like the incoming attorney doesn't have information on it. Maybe the bank could assist you if they have any... Read more »

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