April L Anderson's Answers

LLC vs. S Corp vs. C Corp

That depends on your purpose for the entity. There are several differences between the entities, for example (i) an LLC has members and is a pass-through entity for tax purposes (LLC income is taxed once), (ii) an S corp has shareholders, is a pass through entity for tax purposes, is limited in the total number of shareholders and the tax advantages of certain fringe benefits are not available, and (iii) a C corp has shareholders, is not a pass-through entity for tax purposes (corporate income...

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Tenants in common, real estate laws in WA state, filing a quit claim deed

You and your girlfriend are presumed to own the property as tenants in common in Washington (unless your deed specifically states otherwise). Your girlfriend has an ownership interest in the property, so yes, she does have a finacial interest that she may assert at any time in the future. This may present issues for you when you try to sell the property or refinance the property because you will need your girlfriend's consent. You have a couple of options: (i) you can offer to buy her...

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Does a person have a right to build a fence on an easement to there property ?

You certainly have cause to be concerned. Generally speaking, the owner of an access easement does not have the right to construct a fence in the easement area. If your neighbor's easement rights are in writing and recorded, the document may speak to the issue of improvements. I would advise you to speak with a real estate lawyer regarding the extent of your neighbor's easement rights and the actions you should take with respect to the fence. Please note, this answer is for informational...

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In WA state, what happens to community property when one spouse passees away

Assuming the property is truly community property (see below for general discussion), then the answer is yes. Each spouse has a one-half interest in community property and may dispose of his or her interest in the community property by will or other testamentary substitute. The general rule for characterization of property is that all property acquired during marriage is presumed to be community property. There are many rules applicable to the characterization of property, so if there is a...

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Why are the realtors trying to get me to sell on a short sale?

I'm currently out of the office and will return on Monday, June 13th. If you need assistance prior to my return, please contact my assistant Barb Trudeau at btrudeau@lukins.com or at (509) 455-9555. -- This message has been scanned for viruses and dangerous content by Lukins & Annis, P.S. NOTICE: This email may contain confidential or privileged material, and is intended solely for use by the above referenced recipient. Any review, copying, printing, disclosure, distri- bution, or...

Do we need an attorney to write up a contract to sell our property to our renters.

You need several documents, such as a purchase and sale agreement, deed, excise tax affidavit and documents relating to payment obligations and security for the payment obligations (assuming you are carrying the financing). Although you are not required to hire a real estate attorney to prepare these documents, it is certainly advisable to do so. Please note, this response is for informational purposes only, does not considered legal advice and does not create an attorney-client relationship.

Where would I look to find a recorded Declaration Amendment in King County?

Title companies often have a help desk and may provide a copy of recorded document free of charge. That might be worth a try. Note, this answer is intended for informational purposes only and does not constitute legal advice or create an attorney-client relationship.

Would a recorded HOA amendment be listed on my title report (if it was recorded prior my purchase)?

If the amendment was recorded prior to your purchase, the amendment should show up on your title policy as an exception. Often times title companies list amendments below the original recorded document and do not give them their own exception number. Please note, this answer is intended for informational purposes only and does not constitute legal advice or create an attorney-client relationship.