Joyce Stewart Schwensen's Answers

Wondering if I should get a will. What is the best age to have a will and are there any other legal documents I should consider?

I would advise you to get a Will and also to sign Powers of Attorney to designate who you would want to handle your financial affairs and your medical decisions if you were to be become unable to do so. It would be a good idea to name someone who could handle your affairs as an alternate to your parents in case your parents are no longer able to help when you might need it. It is true that if you die in Washington without a Will then your closest relatives will inherit your property. If you...

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As a married spouse, can I bequeath my half of community property to my children? Or will it automatically go to my spouse?

You can bequeath all of your assets, including your half of community property, to anyone you wish. You can bequeath specific assets (such as your house), or you can just bequeath a dollar amount or percentage. If you bequeth your 1/2 of your house to your kids, chances are high that they will have to allow your spouse to buy them out. Your spouse will not be forced to co-own the house with them, unless they all agree to it. And if they can't agree what to do about the joint ownership, they...

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Hello 8yrs ago My Mom signed over all her money to me . I invested it and am paying some of her care costs. My brother wants he

Whether you have have a legal obligation to turn money over to your brother is a complicated legal question. The first thing that needs to be determined is whether your mother knowingly and voluntarily gave the money to you for your own uses, not just to assist her in managing her assets or for some other reason. Given that she was 88 at the time, and you say she gave you ALL her money, it seems unlikely that her intention was that you could anything you want with the money and leave her...

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Landlord insists that move out charge mail has been sent, but I never receive it

The Washington State Residential Landlord Tenant Act has strict requirements which must be followed if the landlord is to keep any portion of a tenant's deposit. One of these requirements is that the landlord must send the tenant a written statement of the basis for retaining any portion of the security deposit within fourteen days of the end of the tenancy, If you did not provide the landlord with a new address, then they can send the notice to your last known address, which presumably is the...

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If your tenants are married do you have to serve them both a summons and complaint in an unlawful detainer?

You can serve two sets of papers on either one of the spouses as long as you serve them at home and they both live there. In fact, you can serve the papers on any person of suitable age and discretion then residing in the home.

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Real estate question

The fact that your co owner is in bankruptcy could be a blessing to you. If you have equity in the property, the bankruptcy court has the authority to allow you to buy it from your co-owner free and clear of any liens that she may have allowed to encumber just her interest. If you do not have equity, the bankruptcy court still has authority to allow the property to be sold free and clear of liens, in what amounts to a short sale, but can be faster and easier because you don't have to wait for...

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Is it legally ok to do a Short Sale to a known person/somewhat friend on a commercial property?

The question is not whether it is legal for him to buy your property on a short sale, but whether the lender will allow it. A short sale is a sale for a price too low to pay off the mortgages and liens against the property. The lenders and lienholders have to agree to release their mortgages and liens without full payment of the debts they are owed. They are under no requirement to do this, and generally will not agree if the sale is not what is called an "arms length" transaction, meaning...

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Which type of attorney do we need to consult?

I believe you need a good real estate attorney to review the contract you signed when you purchased the triplex, as well as any other materials you may have received at that time. While you may have a claim against the seller for mis-representation, I would not expect you to have a claim against the title company. As for the listing agency, again that depends on the materials that you received and whether you have a right to rely on those materials. As for protecting yourself, you will...

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1st Foreclosed without notifying lender in 2nd position in Washington

You are correct that as holder of a deed of trust on the property that is junior to the one that was foreclosed, you are entitled to notice of the foreclosure. If you did not receive notice, then your deed of trust is still in effect. So one option that is likely available to you would be to foreclose your deed of trust. However, you might be able to negotiate a payoff from the lender who held the first position deed of trust, the trustee who held the foreclosure and failed to give you notice,...

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Do I need a real estate attorney?

This does seem to be a bit of a mystery. Not all title policies insure that a parcel constitutes a legal lot. It might be that the title insurance you obtained way back when is of a different type or on a different form than what you are obligated to buy for the new owner under the terms of the purchase and sale agreement. I would say it is definitely worth consulting with a knowledgable real estate attorney. Sometimes these problems take time to resolve, so don't wait. You don't want to get...

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