Irving A Sonkin’s Answers

Irving A Sonkin

Bellevue Real Estate Attorney.

Contributor Level 12
  1. In Washington state, can a title allow a sibling owner to use real property until their death while all siblings still own it?

    Answered almost 2 years ago.

    1. Irving A Sonkin
    2. Thomas A. Mackin
    3. James P. Frederick
    4. Steven J. Fromm
    4 lawyer answers

    Mr. Frederick is correct. You have 3 common options. One is to give a life estate to the residential sibling. Two is to create a living trust, setting forth specific rights for the residential sibling and residual rights for the other siblings. Third, enter into a long term lease for the residential sibling and have the estate plan deal with issue. You will have many decisions to make. For example, who is responsible for upkeep of the real property and how will that be enforced. Speak to a...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. How many days notice must I give a commercial landlord that he has violated common law "quiet enjoyment" before vacating?

    Answered over 2 years ago.

    1. Irving A Sonkin
    2. Rand L. Koler
    3. Shawn B Alexander
    3 lawyer answers

    Look at your lease. It should set forth the number of days of notice that is required. Absent a provision in the lease, you would have to give a 10 day notice, IN PROPER form, alleging the violation and requiring the landlord to correct. It is called a 10 day notice because the Landlord has 10 days from receipt of the notice to correct the problem. Moving out could open you to claims for breach of rent. The safe course would be to sue the Landlord (after the notice period has run), requesting...

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  3. Can debt collectors sue my LLC even though it is me, the individual, that defaulted on credit card debt?

    Answered over 2 years ago.

    1. Irving A Sonkin
    2. Keith G Langer
    3. Shawn B Alexander
    3 lawyer answers

    To answer your second question first, yes they can get a default judgment against you if you ignore the summons. There is a law in Washington that says corporations and LLC's must be represented by an attorney. With regard to your first question, even if they cannot successfully sue your LLC, if they get a judgment against your personally they can attach (legally take ownership of) your LLC. You should contact King County Lawyer referral and discuss your situtation with an attorney

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  4. My husband has cancer and has been told he has 3 months or less to live. We had a house and cars in both names except he has

    Answered almost 2 years ago.

    1. Dave Hawkins
    2. Irving A Sonkin
    3. Kate M Forrest
    4. Scott Kemble Wilson
    5. Jonathan Alexander Sprouffske
    5 lawyer answers

    I am sorry to hear about your situation. A Power of Attorney for your husband would assist in making decisions on his behalf should be become unable to do so. These decisions could be with regard to finances or with regard to personal decisions, such as medical. You husband can transfer assets while he is alive, or he can make arrangements for assets to transfer after his death. The process is easier while he is alive, but it is not the best topic to bring up in some situations. To make sure...

    6 lawyers agreed with this answer

  5. I own rental properties in my name. How do I put them in an LLC without having the loans "called in" by the bank?

    Answered over 2 years ago.

    1. Irving A Sonkin
    2. Rand L. Koler
    3. Jonathan Charles Stevens
    4. Shawn B Alexander
    5. Robert John Murillo
    5 lawyer answers

    If you turn the properties over to an LLC, you run the risk of the loans being called. Banks and mortgage companies tend to make more money from the fees for setting up new loans than they do for servicing existing loans. Lenders also typically charge a higher interest rate for LLC borrowers than they do for individual buyers. You have 2 realistic options. First, you can approach your lenders and see if they will consent to a transfer. They may do so if your interest rate is higher than the...

    6 lawyers agreed with this answer

  6. If a woman purchases property before she is married and then dies can her widower sell the property?

    Answered over 2 years ago.

    1. Irving A Sonkin
    2. Jared N Hawkins
    3. Elizabeth Rankin Powell
    4. Scott Kemble Wilson
    4 lawyer answers

    I agree that more information is needed to determine if the widower has any ownership rights. However, you question is whether the widower can sell the property. Unless there is a community property agreement giving him title, or a deed giving him ownership with right of survivorship, the woman's estate will need to be probated. The probate court would determine who is the Personal Representative. The Personal Representative would have the right to sell the property, subject to whatever rights...

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  7. Can an LLC help clean my personal liability from my rental property without transferring this property's title under the LLC?

    Answered over 2 years ago.

    1. Irving A Sonkin
    2. David M von Beck
    3. Sergei Tokmakov
    4. Adam Morrow
    4 lawyer answers

    You might want to try making a master lease from yourself to the LLC. Then the LLC will have the right to lease the property to tenants. This will reduce, but not eliminate potential personal liability. Make sure that you have sufficient insurance to protect you against risks

    5 lawyers agreed with this answer

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  8. According to WAC 332-30-144 Private recreational docks are for nonincome-producing use, is renting out of dock space included?

    Answered over 2 years ago.

    1. Irving A Sonkin
    2. Rand L. Koler
    3. Shawn B Alexander
    3 lawyer answers

    There are several questions that must first be answered. From your question, it appears that the docks are, at least in part, located on Washington State owned property. The Statute supporting the WAC states that adjoining property owners can use State owned property without charge if they do not produce income. With regard to 'stranger' wandering your neighborhood, you should study the CCR's establishing the community. That would provide a structure for controlling visitors. It would also set...

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  9. How do I find a good business lawyer?

    Answered over 1 year ago.

    1. Rand L. Koler
    2. Irving A Sonkin
    3. Collin Roberts
    4. Michael Charles Doland
    5. Robert John Murillo
    6. ···
    6 lawyer answers

    Mr. Doland is correct. The best way to find a good business attorney is to ask people who have experience in the business community or the legal community.

    5 lawyers agreed with this answer

  10. Does fiduciary duty trump copywrite?

    Answered almost 2 years ago.

    1. Howard Eugene Bundy
    2. Irving A Sonkin
    3. Michael Charles Doland
    3 lawyer answers

    It depends on the terms of the corporation's use of the copyright. As stated by the California attorney, a clear, written agreement would have removed any question. However, you did have to give some value in order to be an owner. If the corporation had the right to use the copyright, how was that right defined? The issue is a contract, not a fiduciary issue. Speak to an attorney before using the copyright.

    5 lawyers agreed with this answer