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Peter Jay Visser

Peter Visser’s Answers

163 total

  • Husband died without a will and our property was under his name we had been married 4 years together 8 i don't have money for a

    whattcom county /blaine wa

    Peter’s Answer

    I'm not positive what the question is, but you can't afford not to see a probate lawyer.

    You have some rights as surviving spouse, but exactly what they are will depend on whether he had children, what property there is, and how much was from earnings during marriage.

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  • If I am a beneficiary to my mother's estate, and she has died, shouldn't I have a right to the house key?

    the locks have already been changed by the executrix, and she is keeping everything hush hush, meaning she is not telling anyone anything, even when asked. The lawyer ignores all of our emails, and phone calls. There are four beneficiaries, one ...

    Peter’s Answer

    The answer is No, you don't have a right to a key.

    The Personal Representative has the duty to secure all assets of the estate, and to determine what has value and what doesn't. Often, the PR works with the other heirs, but not always.

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  • What are the regulations regarding a 6 foot fence, between yards in a residential area. Our lots are horse acres up to 1 acre.

    Neighbor is putting a 6 ft. fence all the way to the street.

    Peter’s Answer

    This depends entirely on local regulations. It could be regulated by Covenants, Conditions and Restrictions on the property, especially if there is a homeowner's association covering your properties.

    Otherwise it would be regulated by the local jurisdiction (city, or county, if you are not in a city).

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  • Can I assign my sale and purchase contract to an end buyer in WA?

    I am a real estate investor and I want to make sure it is legal in WA to assign contracts to another buyer. For example, can I assign my sale and purchase contract to an end buyer or do a double closing with a bank and an end buyer?

    Peter’s Answer

    To be sure, you would want to name yourself "and/or assigns" as the buyer. This would mean that the seller agreed that you could assign the purchase contract.

    I have found that escrow companies don't like double closings in my area, so I would steer clear of them.

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  • My father just passed away and did not leave a will. We have checks made out to his estate and a bank act with no beneficiary

    My mother tried cashing one of the checks but she was told she had to go through a legal process called probate? We went down to the courthouse but there isnt much help other than a do it yourself website. My father was the "breadwinner" and so no...

    Peter’s Answer

    The first question is: What is the size and composition of the estate?

    If it is less than $100,000.00, and there is no real estate, you could use the small estate affidavit procedure, but would need to wait for 40 days after the death.

    If the bank accounts were in the name of your mother and father, your mother could access them right away as joint tenants with the right of survivorship. if they were just in your father's name, probate, or the small estate procedure would be necessary.

    Another possibility would be if your parents had a "Community Property Agreement." Then the property would be your mother's now, and probate would not be necessary.

    If all of these fail, or are impractical, Then probate would be necessary. There is no reason it couldn't get started within a week to 10 days after the death. Talk to a good probate attorney, and get it started.

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  • Mismatch square footage in appraisal

    Hi, I am in process of purchasing a house. While making the offer, I looked at the county records for the square footage area. When the appraisal came, the sq footage area is reported less. What are the options do I have now as I have already pa...

    Peter’s Answer

    The first question is how much difference. 2%-you probably don't have any claim. 20%-you probably have a claim. In between, it depends. Sometimes, the appraisers and the assessors use different ways to calculate the square footage,

    Second question-where are you in the process? If you haven't yet closed, you may be able to back out if the difference is large and wasn't disclosed.

    In short, your best bet is to see a local real estate attorney and let the attorney review the documents to get the best advice.

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  • Washington State Landlord seeks advice for "Can I give 30 day notice to vacate rental home?"

    I am a landlord in Wa. state, I have a tenant that signed a 1 year lease in 2009 and it has since gone to month to month. From day one he has consistently been 4-5 days late with the rent. I gave a "gentlemen's agreement" (nothing in writing) for ...

    Peter’s Answer

    I agree with the other answers, but would also advise giving him a 3 day notice to pay rent or vacate.

    If he doesn't pay, you can get him out earlier. And who knows, if he knows you mean business, he may start paying on time.

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  • Does the POA need to be in my legal name given at birth?

    My name is Lavina Joy but all my life I have gone by Joy.

    Peter’s Answer

    Unless you've legally changed your name, the answer is yes.

    I would say "Lavinia Joy, a/k/a Joy". Or "Joy, whose given name is Lavinia Joy."

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  • My mothers will asks for 75 percent of matrimony home be left to her children the home is in her name only - will it fly

    they never had a cpa. my stepfather depleted his assets to his kids upon marriage to her. she sold her home and used all the money to build the home they lived in. his name is not on title.

    Peter’s Answer

    The property probably will not be held to be community property, as long as your mother kept good records, if her husband did not provide any of the funds for construction of the house, or any labor in building or repairing the house. Even if he provided a little in the way of funds or labor, the 25% should cover that.

    However, you should remember that all property in the name of one married person is presumed to be community property, and you may need to prove that it is separate property after your mother dies. So be sure you have good records and know where they are.

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  • Does all jointly owned property go through probate?

    Our house in Washington is held John Doe and Mary Doe, husband and wife. Would it have to go through probate if either one of us dies? We have not signed a community property agreement.

    Peter’s Answer

    Since your deed does not say "John Doe and Mary Doe, husband and wife, as joint tenants with the right of survivorship," it would technically need to go through probate. The same thing applies to bank accounts and other property titled "as joint tenants with the right of survivorship.

    If you are Washington residents, a community property agreement would avoid probate on the first death, as indicated by the other Washington attorneys. And it is also possible in many cases to get the title companies to insure title without probate.

    The wording of your question suggests to me that you may not live full time in Washington state. That would make it all the more important for you to see a Washington attorney regarding this issue.

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