Spencer A'Lee Wildig Stromberg’s Answers

Spencer A'Lee Wildig Stromberg

Spokane Business Attorney.

Contributor Level 11
  1. In our Will, does it make any difference if our assets are registered in separate spouse names or owned jointly?

    Answered over 1 year ago.

    1. Sarah J Jordan
    2. Spencer A'Lee Wildig Stromberg
    3. J. Richard Mc Entee Jr.
    4. Christopher Michael Veraya
    4 lawyer answers

    I agree with Ms. Jordan's answer. I would also point out that some assets that were separate before marriage may take on community property aspects over the course of the marriage. For example, the increase in value of property during the marriage is generally community property. Additionally, if community funds are used to make payment or perform repairs and maintenance on separate property, the community is at least entitled to reimbursement. Also, some of the assets you mention may pass...

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  2. The house across the street from me has been vacant for a year, my daughter wants to buy it.

    Answered over 1 year ago.

    1. Spencer A'Lee Wildig Stromberg
    2. Michael T Millar
    2 lawyer answers

    The short sale process can be long and difficult. The fact that the current owners have already received a discharge in bankruptcy should help, though. It means that the only thing the bank can expect them to contribute to the short sale is a quit claim deed transferring away their remaining title. The short sale agreement could be drafted to clearly state that the current owner is not liable for any costs, and is not reaffirming the debt by entering into the short sale agreement. It sounds...

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  3. Does a text measage from my landlord constitue a "written" notice?

    Answered over 1 year ago.

    1. Spencer A'Lee Wildig Stromberg
    2. Haig B Kazandjian
    3. Vitaliy Kertchen
    4. Michael T Millar
    5. Thomas Martin Morningstar
    5 lawyer answers

    I agree with my colleague's answer. In Washington RCW 59.12.040 dictates how notices must be served. Text messaging is not one of the options. The options are: personal service on one of the actual tenants; service on some other adult on the leased premises, together with mailing by certified mail; or if no adult is at the premises, posting the notice in a conspicuous place (usually the front door) and mailing by certified mail. Until the landlord has served notice by one of those means, the...

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  4. I own a property,sold 1/2 to a friend while married.I forgot to put my wife in the record.If i die does my friend get my 1/2?

    Answered 7 months ago.

    1. Spencer A'Lee Wildig Stromberg
    2. Thuong-Tri Nguyen
    3. Pamela Hazelton Rohr
    3 lawyer answers

    My colleagues have addressed one of the issues raised by your question, but I think there is another that has not been mentioned. You said that you sold the 1/2 interest to your "friend" while married. This raises the question of whether your wife had a community property interest in the land. Washington is a community property state, and the presumption is that assets acquired during marriage are community property, with some exceptions. Even property that starts out as separate property...

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  5. What can I do about a neighbor who keeps pulling up my survey markers?

    Answered almost 2 years ago.

    1. Spencer A'Lee Wildig Stromberg
    2. Peter Jay Visser
    3. Mary Gail Carver
    3 lawyer answers

    First, I wonder if you have talked to the neighbor to explain why the markers are there and ask him to stop removing them. If you haven't, that may be a better solution than a legal one. It sounds to me like the neighbor is pulling up the markers because he perceives them to be on his property. I don't think the police or sheriff will get involved in a private property dispute unless there is a court order being violated. Because it doesn't sound like there have been any personal...

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  6. My roommate is a 64-year old who has allowed homeless people to live in his garage and backyard. What are his eviction options?

    Answered over 1 year ago.

    1. Spencer A'Lee Wildig Stromberg
    2. Thomas Martin Morningstar
    3. Ryan Vancil Esq
    4. John Robert Bonin
    4 lawyer answers

    The bottom line is that he needs to get a local attorney who does landlord/tenant work. The circumstances are likely to be slightly different as to each unwanted occupant, so there may not be a blanket answer. If they moved in without being expected to pay rent, then a 3-day notice to pay rent or vacate is not going to work. There are quick remedies in certain circumstances to get rid of destructive tenants or those carrying on drug-related activity. Again, he needs a local attorney to deal...

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  7. Do I have to pay full fees on a subrogation claim? Can my current insurance help in any way.

    Answered 6 months ago.

    1. Joel A Beck
    2. Spencer A'Lee Wildig Stromberg
    3. Christian K. Lassen II
    4. Eric Brian Swartz
    5. William J. O'Connor
    5 lawyer answers

    I agree with Mr. Beck. There is no way Geico is going to pay anything on this claim unless the issued the policy to retroactively cover the date of the accident. I can't imagine they did that, but check the policy effective dates to be sure. In terms of the insurance companies of the other drivers cutting you some slack, you can always make them an offer in compromise - there is a chance they would take less than the total in order to get the case resolved. However, you will probably have...

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  8. After a breach of a real estate contract, what are my options.

    Answered 6 months ago.

    1. Spencer A'Lee Wildig Stromberg
    2. Cheryl Rivera Smith
    2 lawyer answers

    Your options depend on the terms of your agreement, so I can't give a precise answer. In general, the terms of the purchase and sale agreement "merge" into the deed at closing, unless that term is explicitly described as surviving closing. That means that you lose the right to enforce those terms by closing on the purchase. In this case, since the seller is offering to return the curtains, it seems that the most expedient remedy is to accept them, on the condition that they are still in the...

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  9. Two unmarried individuals (co-owner #1 & co-owner #2) own real estate together. What happens at death of one or both together?

    Answered 6 months ago.

    1. Spencer A'Lee Wildig Stromberg
    2. Daniel Orville Kellogg
    3. Paula Brown Sinclair
    3 lawyer answers

    The default co-ownership status in Washington is tenancy-in-common. Tenants-in-common each own an undivided interest in the property. In situations like the one you describe, unless the deed indicates percentages, each co-tenant would own an undivided 50% interest where there are two co-tenants and the deed is silent as to some other percentage ownership. This would be true for both properties you mention, based on the facts you describe. In the scenario you describe, if co-owner #1 dies...

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  10. What are the laws concerning landlords entering a leased business space?

    Answered over 1 year ago.

    1. Spencer A'Lee Wildig Stromberg
    2. Michael Leo Potter
    3. Michael T Millar
    3 lawyer answers

    There is no law in Washington specifically regulating a commercial landlord's right of entry. As you guessed, this is typically addressed in the lease. Without reservation of a right of entry by the landlord, the landlord has no right to enter the space. Typically, a commercial lease will give the landlord the right to enter with "reasonable" notice, sometimes specified as 24 or 48 hours. There is also typically a reservation of the right to enter in the event of an emergency, when such entry...

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