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Peter Jay Visser

Peter Visser’s Answers

191 total


  • Can an ex-girlfriend appoint herself executor when the children oppose?

    Dad passed unexpectedly 2 weeks after girlfriend broke things off. He has 3 living children and she now denies separating and wants control, doesn't feel kids deserve anything. They were together 5 yrs, she is beneficiary of life ins as they just ...

    Peter’s Answer

    No one can appoint themselves "executor" (actually called Personal Representative in Washington.). It takes a court to do that. If there is a will, the court will usually appoint the person named in the will.

    If there is no will, Washington law provides who has the first right to be appointed. Unless you father's relationship was registered with the state, the children would have priority in being appointed PR. You should discuss this with an attorney, and start the probate.

    Your father's friend may still be entitled to more of the assets, depending on the circumstances, by reason of their "committed intimate relationship." The amount will depend on a lot of facts about their relationship.

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  • Will adverse possession apply for us?

    We bought our home 4 years ago. The home was built in 2007, and the previous owners built a fence and put up shrubs on what they believed were the property lines. New owners just bought the lot next to us and are demoing the house/rebuilding- and ...

    Peter’s Answer

    While I agree with the other answers, I would also like to suggest that you might consider hiring your own surveyor to verify the boundary line. This, of course, is also an expense, but surveyors do make mistakes, and you would not want to agree with the neighbor's survey, only to find later that their survey was incorrect.

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  • HOA Property Management will not/can not provide proof of expenses. Ignores requests and never done site visits

    Sept we moved. We have a hoa property mngmt co. I emailed asking what do they do.  They responded quickly I asked about dues, expenses, etc. I was emailed financial statements 2012-2015 & landscaping contract. 5 months & 2 different contact people...

    Peter’s Answer

    It sounds to me that the HOA needs a new management company.

    Attend a board meeting or two, or talk to a couple of board members about your concerns. The board is responsible for hiring the manager and for directing the manager on how they perform their duties.

    It is not a good idea to let delinquencies ride. The more you do that, the higher your delinquency rate is.

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  • How will excise tax work in this case?

    Two unmarried people (friends) are on the title. One has 90% ownership, and the other has 10% ownership. If the person with 10% ownership signs a quit claim deed, then do they pay the excise tax on only 10%? Does anyone know the right channel to g...

    Peter’s Answer

    You pay the excise tax on the sale price of the property. Usually someone selling a 10% interest would receive a sale price of something around 10% of the fair market value of the property.

    If the transfer is a gift, then technically there is no excise tax due. However, in this situation, the treasurer will be very skeptical of a claim that this is a gift. They may want to charge you excise tax on 10% of the assessed value of the property.

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  • How can I start court proceedings on a landlord? and what court would have jurisdiction?

    landlord didnt provide a move in check list, tried to change the lease terms without notice is harassing me after I called owner to complain after repeated written notice to landlord, Have document proof and text message and emails. Got a temp ant...

    Peter’s Answer

    I'm not sure what type of lawsuit you want to file. The lack of a move-in checklist just means tat he will have a hard time charging you with damages when you leave. You already have an anti-harassment order. Follow through to make it permanent.

    It seems to me that, if you are month to month, now would b a good time to give notice, and find a place to live with a reasonable landlord.

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  • Elderly fathers small estate

    My father passed away a year and a half ago at the age of 91. I have 3 adult sister and we range from 52-60 years old. Our youngest sister has always felt resentment towards the older 3 and never felt she fit it. She moved out of state years ago w...

    Peter’s Answer

    If there is a lawsuit filed, you need to follow the advice of your attorney. Discovery in the lawsuit will probably require you to provide the copies of bank statements in a case like this.

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  • Lease Termination - Signatures

    I have a 1 year lease. The owner is married but his wife is not listed as owner on the deed. The wife has been been the landlord and all landlord - tenant issues has been communicated through the wife, although my lease states the husband and h...

    Peter’s Answer

    You would testify that the document was signed by all parties. If they said it wasn't, they would be committing perjury, and you could call the notary to testify that all parties signed the document.

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  • What will happen if my husband and I give our house to our five sons, and one of them declares bankruptcy?

    My husband and I are thinking of giving our house to our five sons who will agree to let us live in it till we die, or will sell it and buy us another. If one of them declares bankruptcy, will his one-fifth be required to liquidate (sell) the hou...

    Peter’s Answer

    I agree with the other attorneys that it may be a bad idea, for several reasons, to deed the house to your children. If you want to do this to avoid probate, there is another alternative in Washington State. It is a transfer on death deed. This deed can be recorded now, but it only takes effect on death. There is no excise tax due on the recording, and it would allow your children to get the stepped up basis on the property, which will save them money when the house is eventually sold. Talk to a good estate planning attorney.

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  • Is there a statute regarding timeline to file a Community Property Agreement in Washington State?

    Since a Community Property Agreement is a contract, by law, doesn't it need to be recorded within 90 days of execution? If a CPA hasn't been properly executed (filed too late) and there is no will, wouldn't my mother's probate go through Wa intes...

    Peter’s Answer

    Recording a document does not affect its validity. All recording does is to give notice to the world that there is such a document. Invalid documents sometimes are recorded. Unrecorded documents may be valid or invalid, depending on the facts.

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  • How can my mom sign her Habitat for Humanity home deed/loan over to me?

    My mom's home was built by Habitat for Humanity in 2002. In 2005 she married my step dad but he is not on the deed. They are now divorcing and she doesn't want to sell the home, instead she would rather sign it over to me. Now to me, this means I ...

    Peter’s Answer

    I agree with the other attorney's answer.

    I also know that many Habitat for Humanity deeds have restrictive provisions on their resale. Your mother got the house free, and Habitat does not want her to be able to sell it easily and make a profit. Be sure to have an attorney review the Habitat deed and mortgage for this issue.

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