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Washington Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for Washington on
Q: Can the administrator of an estate be held accountable for selling a home 20%-30% under its county assessed value.

There is more stuff unaccounted for than there is accounted for. Vehicles missing, $60-$80k in jewelry, they never did anything with her personal property, just sold the house and then instead of doing an inventory as soon as appointed they waited until the very end to track down 3 of her 5... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

Any heir of the decedent has the right to contest the sale in the probate court where the estate is pending. But it may be too late now if the sale has already been approved.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Washington on
Q: Is someone dies without a will and only has 1 son who cant be found what paperwork would i need to sell house b4 forclos

Iv been living at the house for a few years now but my friends dad died here without a will and my friend wont do anythjng.. like nothing. Its been 2 years now and the house is being forclosed on but i think the bank even thinks hes still alive.. what paper work do i need to be able to sell the... View More

Vincent Gallo
Vincent Gallo
answered on Jul 1, 2023

Living in a house for a few years in and of itself unfortunately does not entitle you to ownership of the house.

Q: Sister has filed ejectment against me I have a court date Friday may 26 is there anybody who could help represent me ?

The estate is still in my late father's name I have lived in my house for 12 years thinking I was going to be able to buy house . my sister is executor and would never sign off on house so I go could buy it . Now she wants me out of there I have court on Friday may 26 th I live in Washington... View More

Peter J. Weinman
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answered on May 23, 2023

Volunteer lawyers at Justia are not permitted to solicit your business. Start your search here: https://www.justia.com/lawyers

1 Answer | Asked in Probate and Real Estate Law for Washington on
Q: Wa st. I own 2/3 of a property. The other 1/3 owner died, and left huge bill for nursing home. The estate went probate.

Dshs came forward when notice to creditors was recieved. The executor/representative of the will then withdrew. How do i obtain the other 1/3 of property thats in limbo? There is not a lien filed in the county of said property. Also no mortgage exists land is free and clear. Taxes are current.

Anthony M. Avery
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answered on May 16, 2023

If no will was probated, then hire a WA attorney to determine deceased's heirs. Then get heirs to quit claim their interest over to you, probably for money. Partition would be the last resort.

1 Answer | Asked in Estate Planning and Real Estate Law for Washington on
Q: Grandparents died intestate but were co owners of home with aunt with right of survivorship

My aunts siblings have made no claim to the estate for several years but now that she is ill they are seeking to claim their inheritance from the sale of the house.

Anthony M. Avery
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answered on Apr 6, 2023

The aunt has no heirs until she is dead. But a Court might order the sale of her titled property if she is under a conservatorship, etc. Hire a WA attorney to search the Title and advise as to possible actions. But you may have no standing.

1 Answer | Asked in Elder Law, Small Claims, Real Estate Law and Construction Law for Washington on
Q: Under which Washington State laws can I sue my neighbor for building his fence onto my property?

The neighbor denied wrongdoing and blames his contractor. I hired a Surveyor to prove the fence was on my property and now I want to get him to pay for it.

Anthony M. Avery
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answered on Mar 28, 2023

You will need to hire an attorney to file a Boundary Dispute. If you do not, then you will acquiesce to the new fence line as the boundary between the two adjacent properties despite the two legal descriptions. I doubt that you will be awarded any money, but you risk losing land.

1 Answer | Asked in Family Law, Real Estate Law and Civil Rights for Washington on
Q: My daughter and I own home 50/50 it's paid off. She just moved back in, away for 15 yrs.Can she remove all my things?

No notice. I've lived here 30 yrs. She thinks that violating me is her rite. The house needs to be cleaned but we can do it together.What are the laws with sailing a home wear a mentally disabled person has lived their whole life. Does that person have any rights?

Anthony M. Avery
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answered on Mar 24, 2023

You may want to file an Action for a Sale For Partition.

2 Answers | Asked in Foreclosure and Real Estate Law for Washington on
Q: My house sold at for closure auction where can I get free help claiming the surplus funds?

Auction was on aug.5th and I believe sold for 186,000 over what was owed .I am still in the house because without the money I have no cash to move and no where to go

Renee Louise Roman
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answered on Aug 27, 2022

Obtaining these funds may require the services of an attorney, one who is familiar with the surplus funds procedure, who can assess your situation. This process usually involves notice to lien holders and a hearing, so you may want to start that process as soon as possible. Although I am not aware... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Washington on
Q: We recently bought land and the neighbor thinks he owns part of the land even though he doesn't, we had it surveyed

he insists on it being his and is threatening us with legal action and calling the cops saying we're trespassing.

Anthony M. Avery
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answered on Aug 5, 2022

Hire a very competent WA attorney to file a Boundary Line Action, Quiet Title, Ejectment, etc. Time may be critical because of Acquiesence to a physical boundary.

1 Answer | Asked in Real Estate Law for Washington on
Q: The Deed of Trust and NOTE have the incorrect amount. CLOSING DISCLOSURE

Should I sign new documents?

Anthony M. Avery
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answered on Jul 15, 2022

The obvious answer is No... You might even be accused of fraud later.

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
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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
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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... View 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
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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... View 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
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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... View 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... View More

Anthony M. Avery
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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... View 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
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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... View 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
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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.

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