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Washington Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Estate Planning for Washington on
Q: Who gets property after death.

My mom died 4years ago and her home was in her and her deceased husband's name. She had no will. She was remarried at the time of her death but the home was never in my step dads name. My stepdad recently passed away and has no kids so who does the house go to?

Brent Bowden
Brent Bowden
answered on Apr 16, 2018

Under Washington intestacy laws (which govern in the absence of a will), your surviving spouse inherits all of your community property and half of your separate property if you have surviving children.

Your situation is somewhat complicated. The first question is who inherited her previous...
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1 Answer | Asked in Real Estate Law and Elder Law for Washington on
Q: Is my elderly mom required to pay for items that were changed or added after the closing of the sale of her condo?

My elderly mom sold her condo last year, which closed on Sept. 10. After closing, the HOA president put in a new garage door unit, which was not requested by the new owner. The garage door was functioning just fine upon move out. But now the HOA is coming after my mom for $500+ for the cost of... View More

Vincent Gallo
Vincent Gallo
answered on Mar 24, 2018

How about you just don’t pay them?

1 Answer | Asked in Estate Planning and Real Estate Law for Washington on
Q: What does a reconveyance mean? A mortgage trustee recorded a reconveyance with us as grantees.
Brent Bowden
Brent Bowden
answered on Mar 6, 2018

Did you recently pay off your mortgage or refinance? That is the document the bank files to release their lien on the property.

1 Answer | Asked in Business Law and Real Estate Law for Washington on
Q: Our lawyer formed three separate LLCs for our three rental buildings, but never put the LLCs on the titles. Concerning?

For our three separate rental buildings, we paid a lawyer to form three separate LLCs. However, those LLCs were never put on the property titles. He never advised us to do so, nor did he advise us to update contracts with our tenants with the new LLC information, so our tenants still write us... View More

Brent Bowden
Brent Bowden
answered on Mar 6, 2018

From the information provided, it does not seem like the LLCs are doing anything. Ideally, you would want the LLC to own the rental property, to be the landlord in the lease, and to be depositing the rent into the LLC account.

1 Answer | Asked in Real Estate Law for Washington on
Q: Question about: Deed of Trust versus Quit Claim Deed and Tenants in Common.

I owned a home for 16 years, after my divorce I had to refinance to get the ex off the loan. I had a mutual friend (boyfriend) that offered to co-sign on the loan. I had a Tenants in Common contract in place. And, we both signed a Deed of Trust and a Quit Claim Deed at closing. The... View More

Brent Bowden
Brent Bowden
answered on Mar 6, 2018

It would be very hard to answer this question without knowing more about what his basis is for claiming he owns 50%. Regardless of the strength of his claim, he can certainly try to assert he is entitled to 50%.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Washington on
Q: The estate of my mother (me-only child) is being sued regarding her real estate , there is no estate, what do I do?

My mother passed June 1, 2015, I got served with court papers February 18, 2018 regarding real estate property which she did own but it got foreclosed-- the sherriff's office got involved.(date escapes me right now) Then she rented an apartment for two years but in an out of the hospital and... View More

Brent Bowden
Brent Bowden
answered on Mar 6, 2018

There is not enough information provided to really answer this question, I would recommend speaking to a probate attorney. They are going to need to know at least whether there was a probate, who the personal representative was, whether this creditor was known or notified of probate, whether there... View More

1 Answer | Asked in Real Estate Law and Probate for Washington on
Q: Brother passed away with no will. He only had property. Which bank note is paid in full. Stepfather placed lean on deed.

How to keep property from probate?

Michael D. Whipple
Michael D. Whipple
answered on Jan 2, 2018

The best course to resolve these issues (i.e. transfer of real property and efficacy of lien) is to use the probate process. Depending on whether he was married at death, his spouse or an interested party may open probate by seeking appointment as the "Personal Representative" (executor)... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Washington on
Q: My husband & I have lived with my husband's grandparents for 4 years. The house is willed to their son.

Do we have any rights to stay after they pass away? We currently live there.

Ben F Meek III
Ben F Meek III
answered on Sep 22, 2017

Probably not. The only way I can think of would be if they conveyed some real property interest in the house to you during their lives. This could be a lease agreement (written) or a term of years or a life estate or several other types of interest. Other than a lease, these other arrangements... View More

1 Answer | Asked in Real Estate Law for Washington on
Q: We were suppose to close June 27th on both sides we did not meet the deadline sellers do not want to release earnest $

Hello we were suppose to close on a home June 27th. Financing was/is not a problem we are the buyers. It just took a little longer then expected (2days more) we did ask for an extension in an addendum,no response The sellers did not complete there end of the 35r. The sellers agent, does not respond... View More

Ben F Meek III
Ben F Meek III
answered on Jun 29, 2017

Actually, from what you've said, it appears you breached the contract to purchase the home. The Sellers appear to have been ready, willing, and able to close the sale at the appointed time, while you failed to do your part. There was no requirement that the Sellers agree to an extension of... View More

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Landlord - Tenant for Washington on
Q: In Seattle, WA, is marijuana a "controlled substance"?

In my lease agreement: "Tenant and/or Tenant's guests will not use, allow use, purchase, sell, or possess any controlled substance or drug paraphernalia ... [or firearms] ... on or near the premises." Since marijuana is legal in Washington state, would it still count as a... View More

Stan Glisson
Stan Glisson
answered on May 23, 2017

Legally, yes; marijuana is still a controlled substance. And paraphernalia can be just about anything used to ingest or store drugs (the definition is: all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating,... View More

1 Answer | Asked in Real Estate Law and Probate for Washington on
Q: My grandpa dies he still owns money on his house. The power got shot off too. His son, next of kin doesnt want it

But his grandson has been living in the house with grandpa for months wants to take it over and the power on does

Ray Choudhry
Ray Choudhry
answered on May 2, 2017

As long as the power company gets paid, they'll turn on the power.

The house stays in grandpa's name until it's foreclosed on and the bank owns it or someone probates his estate and sells or transfers it.

The grandson needs to go see a lawyer about his options if the...
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Q: Would a current Land Patent from 1865, supersede the 1969 Clark, WA, code regulation regarding land use in a flood way ?

I have 2.5 acre along the Lewis River, I have mineral rights and an updated Land Patent from the Oregon Land Grant act.

A structure was built in 1968, one year before Clark County WA code development existed. The structure was removed in October 1997, because of a flood caused by the 3 dams... View More

Walker Weitzel
Walker Weitzel
answered on Apr 25, 2017

A land patent is the highest proof of title over land. It is extremely authoritative. With that said, the laws of the jurisdiction will dictate your ability to use and develop the property. Ownership is only a piece of the puzzle. Your rights to improve the property are still subject to Oregon law.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Washington on
Q: my mother passed away and left her home I have two other brothers and you didn't want the house so they gave they signed

Quick Deeds so I can file the house into my name but there's still a mortgage how do I remove the executor off of the estate without going through probate so I can assume the loan

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 10, 2017

I think you mean they signed 'quit claim' deeds. Regardless, if the house was left in a will or otherwise did not pass directly to you, you will need to have the executor / personal representative assign the house (and the mortgage) to you (or to all the siblings -- however the will is... View More

1 Answer | Asked in Real Estate Law and Civil Rights for Washington on
Q: If you have found a house that has been abanded over three years and you move part way in and doing repairs on the house

and have a notary about adverese possession and some showed up claiming to be the owner what rights do i have

Ben F Meek III
Ben F Meek III
answered on Mar 3, 2017

Your rights are probably limited to gathering your things and going peaceably or risk being forcibly removed. Your attempt to establish ownership by adverse possession will probably fail, because the period for which you must actually, openly, notoriously, continuously occupy the property against... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Bankruptcy for Washington on
Q: Can I file ch 13 or 7 during foreclosure on a reverse mortgage? Mediation is in 2 days, trustee sale is in 4.

My mom was prey to a predatory loan. Shortly after her husband of 35 years passed, she was talked into a reverse mortgage, and told she wouldn't have to worry about anything. When I came into the picture, they had paid for 3 years. I tried to get her exempt from property taxes every 6... View More

Nels Hansen
Nels Hansen
answered on Feb 2, 2017

You need to contact a local bankruptcy attorney and schedule a consultation as soon as possible. If you are facing foreclosure and if it is appropriate you want to file the bankruptcy before the foreclosure sale. Once the foreclosure sale takes place your options will be limited if not gone... View More

1 Answer | Asked in Tax Law and Real Estate Law for Washington on
Q: How strict are the "live two years out of the previous five" to get the tax exemption when selling a house?

We've been in and out of the house over the last three years between renters. Does every day count or is it "generally" two years. What kind of documentation is required?

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 15, 2016

It's a hardline rule, 1 year 364 days doesn't work. It's also more complicated than just 2 of 5, there's 5 steps that can be found at https://www.irs.gov/publications/p523/ar02.html#en_US_2015_publink10008937. IRS Pub 523.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Washington on
Q: Can my neighbor claim adverse possession to 6 in of land inside my property line, but on the outside of a fence I built?

The fence has been standing for ten years in the state of Washington. The fence was put up by my family, so they did not actively seek to take the land from us. We want to move the fence over by 4 inches to accommodate the new home we built. They are claiming adverse possession. They have not... View More

Marjorie Simmons
Marjorie Simmons
answered on Sep 13, 2016

The state law governing adverse possession is at RCW 7.38 (http://app.leg.wa.gov/RCW/default.aspx?cite=7.28&full=true). Generally, to make such a claim they must have been actually possessing the land in an open, notorious fashion, in good faith, under a claim of right for a period of 7 years,... View More

1 Answer | Asked in Real Estate Law for Washington on
Q: Is it worth getting a 2nd opinion on a mineral rights case that has already be judged on?

Without naming the case or people. My family (older Aunt) had a case of dormant mineral rights that she lost in October 2014, now my cousin that is a lawyer in CA says that we may have a malpractice suit since the law firm that represented her also represented the same oil company that was against... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 3, 2015

You have placed your question in Washington law, but it appears that it really should be in North Dakota law.

Sure, by all means seek another opinion. It doesn't hurt to ask.

1 Answer | Asked in Real Estate Law for Washington on
Q: seller refuses to provide keys to home that closed, funded, and recorded with the county a week later due to them

having some debt issue with one of their previous lenders. We have legally owned the home for a week but cannot get into the property. Is that legal, do we have any recourse short of hiring a locksmith? Who's responsibility is it to make sure we get keys upon title company recording with county?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 23, 2015

You perhaps could sue; ask an attorney in your jurisdiction. But I suspect a locksmith would be a lot cheaper.

1 Answer | Asked in Real Estate Law for Washington on
Q: Why is my elderly parents real estate agent saying the total costs for selling a 350K home is going to be 45

The house has a reverse mortgage and the agent said their fee is 5%

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 20, 2015

Why not ask them? By my calculations, 5% of $350 K is $70 K.

And it you believe what they are asking is too high, shop around.

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