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Washington Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Washington on
Q: Possible to sell property to relative with caveat of restricted resell?

Is it possible to sell a daughter a piece of property, but with a caveat that she cannot sell that property while the father lives?

What might that contract say?

Anthony M. Avery
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answered on Jan 20, 2025

Hire a competent WA attorney to draft that Deed with the future interest. It might retain a life estate for Father or another, with remainder over to the Daughter. There are many other possible estates.

0 Answers | Asked in Real Estate Law for Washington on
Q: Am I obligated to trim branches that encroach over my neighbor's wall/fence? I live in Lake Forest Park, WA.

My neighbor is demanding I remove all branches that encroach over their fence/wall. They are claiming the branches are touching their building and exterior lighting and wiring, etc. They have dumped yard waste over the wall onto our property multiple times because the waste comes from branches that... View More

0 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Landlord - Tenant for Washington on
Q: ADA accommodation

I made an ADA request to move from 1 bed to 2 bed in my building due to daughters disabilities. After a long mismanaged period and having to do the application twice it was approved. I got 3/4 of the way through providing the documentation needed for the move (two office visits) which were hard to... View More

1 Answer | Asked in Intellectual Property and Real Estate Law for Washington on
Q: I was wondering how to stop a sale of a price of property my house, pump house and septic is on?

My mom and I bought my house in 2003 in 2005 I found out my house pump house and septic was not on my property. Now this piece of property has been sold at least 2 times and now going up for action on the 16th of this month. I called the County and told them the issue and asked if I could pay the... View More

James L. Arrasmith
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answered on Jan 10, 2025

This is a complex property issue that requires immediate attention since the auction is happening soon. You should contact a real estate attorney right away, as they can help protect your property rights and potentially file an emergency injunction to stop the sale.

Given that you've...
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1 Answer | Asked in Real Estate Law for Washington on
Q: My mother just passed away I am her only heir I just received the death certificate what do I do next
Anthony M. Avery
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answered on Dec 10, 2024

Talk to a WA attorney and see if probate is needed or not. Type of assets involved is critical.

1 Answer | Asked in Real Estate Law for Washington on
Q: Can I conditionally sale my vacant lot?

To preserve my mountain view, I bought the empty lot in front of my house. I want to sell it but on the condition that any future home built on it won't be more than one story or until I sell my my current home.

Anthony M. Avery
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answered on Dec 10, 2024

You can almost attach any restriction outside of racial discrimination and restraining marriage. However how are you going to enforce them? Your proposed restrictions are impractical and probably unenforceable. Most buyers would not buy real property with an executory interest in the estate.... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Washington on
Q: Angry neighbor moved survey rebar and fence, with concrete. Can I remove fence destructively (necessary) without notice?

I share 500 foot property line with 6 neighbors in a plat. I am unplatted.

I permitted a possible fence encroachment to stay where at until I recind permission. Had surveyor that created plat recheck markers in 2017, there was no encroachment.

Over the last year three neighbors (2... View More

Anthony M. Avery
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answered on Sep 11, 2024

You have a disputed boundary. Hire a WA attorney to file suit. Your surveyor will be your expert witness. If you wait too long, you acquiesce to the others' asserted and ascertainable boundaries, and lose part of your property.

2 Answers | Asked in Real Estate Law and Probate for Washington on
Q: I am Prep. for my father's estate and I am selling home, I sign my name instead of his on contract is it legally binding

House is in washington state

Janta Steele
Janta Steele
answered on Sep 9, 2024

Good afternoon,

Is it a mobile home? Is there land being sold? What does "Prep." stand for?

You need to start a probate and be appointed by the court to get the authority to sign your name instead of your deceased father's name on a contract to sell his land. If it...
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1 Answer | Asked in Real Estate Law for Washington on
Q: I received a letter from a homeowner regarding a Deed and Seller's Assignment of Real Estate Contract.

My, now deceased, parents were involved with land development in the 1960's. I recently received a letter from a homeowner regarding a Deed and Seller's Assignment of Real Estate Contract that was not fulfilled. There is a balance on the contract and the home owners would like to get it... View More

Renee Louise Roman
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answered on Aug 28, 2024

Generally in a case like this it may be helpful to determine the status of the agreement and resolve the unpaid balance. Once that is complete, the executors of your parents' estates could sign a fulfillment deed to resolve any ownership issues. To get legal advice for your particular... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for Washington on
Q: I filed a will contest, I was told since I did not serve other party within 90days they are trying to dismiss it.

Need help with an estate issue , and a probate/will

Anthony M. Avery
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answered on Aug 20, 2024

Hire a WA that knows how to contest the probate of a will.

2 Answers | Asked in Real Estate Law and Probate for Washington on
Q: If my mother is named on the deed and was not married to my currently deceased father, can my siblings fight the sale?

My father and mother were never married. My grandparents transferred the deed to the house to both of them. My father passed before 2000 with no Will in the PR. My parents had split, and my father had other children. My mother is finally going to sell the house. We know about the inheritance law... View More

Janta Steele
Janta Steele
answered on Sep 9, 2024

No, that is not accurate. If someone other than your mother could inherit money from the sale of the house, then the house cannot be sold by your mother alone, and there has to be a probate to sell it. However it's still possible that only your mother inherits the house, and nobody else.... View More

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1 Answer | Asked in Tax Law, Real Estate Law and Elder Law for Washington on
Q: I am 80 and own my home through a revocable trust that I created 15 years ago. Can I qualify for the property Tax deduc

My income is fixed and below $40K

Another question is if I am eligible to have prorated for previous years for a possible refund?

I am 80 years old, house is set up in a revocable trust I had done many years ago, I live in the house year round with my spouse of 50 years, I am up to... View More

James L. Arrasmith
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answered on Jul 18, 2024

You may qualify for property tax relief in Washington State, as it offers several property tax exemption and deferral programs for senior citizens, especially those with low fixed incomes. Given your age and income, you could be eligible for the Senior Citizens and Disabled Persons Property Tax... View More

2 Answers | Asked in Real Estate Law for Washington on
Q: how do I find out the typeof title of my residential house (jointly owned with my wife) ?

need to know if it's a joint tenancy with right of surviorship or joint tenancy in common. (because on the statutory warrant deed, it only says the grantor(s) conveys, and warrants to xx (my name) and yy (my wife's name), a married couple ......., the following described real estate .......)

Anthony M. Avery
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answered on Jun 5, 2024

Hire a WA attorney to search the title. and determine the estate granted.

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1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Civil Rights for Washington on
Q: How to fight ejectment order, based on fraud and judge execution of judgment without hearing new evidence?

Case brought on using Breach of Contract. Sellers withheld knowledge of payment made, and posted vacate notice on door the 31st of same month instituting Anticipatory breach. I placed cessation on payments as a single woman for self protection as sellers trying to take my home. I submitted new... View More

James L. Arrasmith
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answered on Apr 11, 2024

I'm so sorry to hear about your difficult situation with the fraud and unfair ejectment order. Dealing with legal issues around your home is incredibly stressful. Here are some general suggestions that may be helpful as you fight the ejectment order:

1. Consult with an attorney who...
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Q: Disabled person selling a house to move oversea - consequences?

My parents live in Washington state, and my mother is disabled receiving SSDI and long term care service where a caregiver comes to her house every day. They live in a house they jointly own, no mortgage. They're both seniors, and now they miss their home country, so they decided to move back... View More

James L. Arrasmith
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answered on Mar 29, 2024

Selling a house and moving overseas can have several implications for your parents, particularly regarding their Social Security Disability Insurance (SSDI) and Medicaid benefits. First, it's important to note that SSDI benefits are typically not affected by the sale of a primary residence or... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Washington on
Q: Can I End My Lease Early Without Penalty Due to Safety Concerns and Unaddressed Property Damage?

We're tenants in Seattle, WA, with all four wheels of our car stolen from our apartment's unsecured, paid underground garage. The entry gate has been broken since January 2024, and despite three months, it hasn't been fixed. The management won't share security footage or cover... View More

James L. Arrasmith
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answered on Mar 26, 2024

In Washington State, tenants may have the right to terminate their lease early without penalty if the living conditions are deemed unsafe or if the property significantly deviates from what was agreed upon in the lease. Given your situation with the ongoing security issues and the landlord’s... View More

1 Answer | Asked in Federal Crimes, Internet Law and Real Estate Law for Washington on
Q: Would this easement, like mine for Level 3 communications and Sprint, be able to infiltrate my internet wirelessly?

My IP is not private although I pay for a service. My Alexa doesn't even know her location and my internet has release many court files including one relating to me and the mortgage electronic system has breached into my real property records that made one lender call my loan paid in full and... View More

James L. Arrasmith
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answered on Mar 18, 2024

I understand your concerns regarding the security of your internet and the potential breach of your personal and property records. It sounds like a very complex situation involving multiple parties and legal issues. If your internet service has been compromised, affecting your personal affairs and... View More

1 Answer | Asked in Probate and Real Estate Law for Washington on
Q: How can a widow own property not on deed but on loan . Pays taxes without probate? Do they own 50percent automatically?

The widow pays the loan and taxes no will or trust .

James L. Arrasmith
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answered on Feb 1, 2024

If a widow is not listed on the property deed but is paying the loan and property taxes, her ownership rights may not automatically be 50 percent. Ownership of real property is typically determined by the names listed on the property deed. Paying the loan and taxes alone does not necessarily grant... View More

1 Answer | Asked in Real Estate Law for Washington on
Q: My proprty has a lien against it; I want to pay it off but the lien holder is not responding to my or my lawyers emails.

This is going on 2 months now, and the sell date is approching in 4 weeks. What can I do to stop the sell?

Anthony M. Avery
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answered on Jan 31, 2024

Hire a WA attorney now to represent you. He takes certified funds for the payoff amount to the noteholder. If it is refused, then you file suit to quiet title as payoff of the note was waived. It sounds like foreclosure is imminent, so act today.

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