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Douglas Jay Lineberry

Douglas Lineberry’s Answers

125 total

  • Creditors won't give me a statement, why is this.? I need a copy for my bankrupt. What do I do?

    Bankrupt question.

    Douglas’s Answer

    Get a copy of your credit report.

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  • Can we remove my wife's mother from the deed on the house?

    She is currently in a care facility that we are paying for from my wife's dad's savings. They are both in the same home since January '13. She will go on medicare after 2 years of private pay at this facility, we need around 100k to keep them in...

    Douglas’s Answer

    You should definitely talk to an attorney that knows something about long term care planning and government benefits (particularly Medicaid). You may have other planning options to pay for the cost of care without having to sell the house, but this area is not a do-it-yourself kind of thing. Talk to an elder law attorney that is well versed in long term care.

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  • In WA can a man who owns a bldg but filed bankruptcy in feb 13 get a no trespass order on a neighbor in June 13 after vacating

    A horrible neighbor lost his building in a bankruptcy. He put inside his building letters that were defacing myself and other businesses downtown. As I was reading them he called the police and asked them to give me a no trespass order on the bu...

    Douglas’s Answer

    He might have filed bankruptcy but that alone does not alter title. If he still owns the property he has a legitimate complaint if someone trespasses.

    ----- Reply message -----

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  • Can a Revocable Living Trust (via trustee) hold title to property with an individual as a joint tenant w/ right of survivorship?

    Can a trust own property in this manner, and if so, whose lives would "survivorship" be measured by? My brother has an idea to put his interest a house that we own together as tenants in common (50/50 - we inherited it from dad) into his revocable...

    Douglas’s Answer

    • Selected as best answer

    The Washington statute governing joint tenancies doesn't actually specify that the joint tenants must be natural persons, but it does use terms like "himself" and "herself". I think the reasonable implication of those terms, along with a good dose of common legal sense (why would you have rights of survivorship with something that cannot die?), indicates that you can only have a joint tenancy with right of survivorship between natural persons.

    And as the other answer notes, if you held it as JTROS someone is going to lose the bet. If you die first, your lost and your spouse/children get nothing, with everything going to your brother as the surviving joint tenant.

    Co-ownership on title (with a management agreement) or perhaps through a limited liability company that owns the property (and then you each own half of the LLC) may be a good idea.

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  • I just filed ch 7 bankruptcy and was informed that my deceased father left some money to me. What happens to the money?

    My father died over 2 years ago. The estate just got out of probate and there was $7000.00 left

    Douglas’s Answer

    Under Section 541 of the bankruptcy code, the bankruptcy estate will include any property you acquire or are entitled to acquire by inheritance within 180 days after the date you filed your petition. You could try to argue that you were actually entitled to it as of two years ago when your father died, it simply took that long for the probate to be administered. That said, note that the statute reaches what you do acquire or are entitled to acquire. That argument would only reach the "entitled to acquire" aspect. The bankruptcy trustee is surely going to assert that as you actually acquired the inheritance within 180 days after your petition was filed, it is part of the bankruptcy estate.

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  • Do remainder men have the right to inspect the property of a life estate?

    Friend has a life estate to property and the remainder men are requesting an inspection, should this be allowed.

    Douglas’s Answer

    Remaindermen do not necessarily have a right to enter and inspect property that someone else has a life estate in, but allowing them to do so may be a reasonable course.

    RCW 64.12.020 provides a cause of action for waste (which essentially means damage to property), and it is long recognized that this cause of action accrues to remaindermen who believe the life tenant is harming the property and thereby the value of the remainder interest. That goes all the way back to a 1913 Washington Supreme Court case called McDowell v. Beckham, 72 Wash. 224 (1913).

    So if the remaindermen have a cause of action for waste and reasonably believe that waste is occurring, they could always start a lawsuit and then enter and inspect the property as part of the discovery process. That's expensive for them, but lawsuits are expensive for everyone (including the life tenant).

    Seems to me that it may just be easier to allow them a reasonable inspection.

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  • Can a non profit club, such as a girl drill team, that is sponsored by a private club (the Eagles) have a sole owner?

    The founder of said club claims that she is the sole owner, does this makes her responsible for paying taxes on money earned from the team? She has no children on the team but has made herself president of the parent board. She has sole control ...

    Douglas’s Answer

    There are two things going on with any corporate entity (non-profit, for profit, etc.) One, what is it and how is it treated by the state it is organized in? Two, how is it treated and taxed, if at all, by the IRS?

    In Washington nonprofit corporations are organized under Chapter 24.03 of the Revised Code of Washington. They are required to file articles of incorporation and are typically governed by internal bylaws. Washington law specifies that a nonprofit corporation can be a membership or non-membership organization. What's the difference? Think of something like a homeowners association. It's a nonprofit corporation and you can only be a member of a particular homeowners association by owning a house within a particular development.

    Nonprofit (for state purposes) does not necessarily mean 501(c)(3) charitable purposes as far as the IRS is concerned (people often confuse that and assume that if they are a nonprofit under RCW 24.03 they are automatically a 501(c)(3) as far as the IRS goes).

    The tax issue is really separate from the membership / non-membership issue. The fact that the organization may be a membership or non-membership organization does not compel any particular federal tax result.

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  • I am wondering how I can get an injunction to get temporary care of my 2 grandchildren while both the parents are not able

    They are both incarcerated in Pierce County and I have had the children since May 14. I want them to still feel safe and secure. I have their best interest at heart. They have gone through a lot and I don't want their lives interrupted anymore tha...

    Douglas’s Answer

    Washington law grants the superior court authority to appoint guardians for incapacitated persons (which would include minors when mom and dad are unable to act on their behalf). You need to petition the court for an order appointing you as the guardian.

    This may be something you can navigate on your own using the Washington Supreme Court's mandatory forms (the supreme court publishes the forms, but you still work through the county superior court to get this done). I'll include a link to the court's form page - you'll want to review the documents under the heading "Title 11 Guardianship Forms". Note that the same forms are used when requesting guardianship of a minor or an incapacitated adult, so don't be thrown by information on the forms that doesn't appear to apply to your situation.

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  • If I should pass before my husband, can he legally leave my money to his daughter? Would a will protect my "assets" ?

    I have money brought into the marriage, we are both joint tenants now. I would like to know my legal rights.

    Douglas’s Answer

    Are your funds actually deposited in an account that is designated as "joint tenancy with right of survivorship"? The typical alternatives for joint ownership of assets (in Washington State) are community property, tenancy in common and joint tenancy with right of survivorship. You only get the survivorship feature if the ownership designation is "with right of survivorship". If the designation is merely "joint tenants" it would actually be regarded as tenancy in common.

    In any event, if by some means your husband inherits your assets and accounts directly then he is the owner of the assets and he can do whatever he likes with them (i.e., fully expend them during his lifetime, pass them to anyone upon his death, etc.) If you desire to somehow limit his ability to direct the disposition of the assets upon his death you do have options. You could simply disinherit him and leave the assets to someone else upon your death. Alternatively you could also direct that the assets go into a trust for the remainder of his life, but upon his death whatever remains in the trust goes to some other beneficiary (such as your own children, a charity, etc.)

    There are a number of variables and alternatives here. What is best for your situation depends on how the assets are actually titled, whether any of them might be characterized as community property, your long term objectives, etc. You should probably consult with an estate planning attorney on this.

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  • A will decrees a trust must end 2016 & holds a promissory note/mortgage with loan end date of 2040,which date applies?

    Washington State - will notes that the trust must completely end 2016 & holds a promissory note/mortgage on a property with an end date of 2040, can the beneficiaries of the trust end the trust as per the will requirements? I am a beneficiary who...

    Douglas’s Answer

    Unless there is some kind of term in the note that states the due date can be accelerated you likely have no legal basis to demand that the person obligated on the note obtain other financing to pay the note off. When the trust term ends and its assets are distributed, the beneficiaries will likely receive a fractional interest in the note (which means the beneficiaries will jointly own it). For example, if there are three trust beneficiaries, each is entitled to an equal distribution of assets and the payment on the note is $1500 per month, you ought to expect to get $500 per month. Alternatively there may be a provision in the trust that allows for the note to go to only one beneficiary while other beneficiaries get other assets. You'd have to review the trust document to know whether that's possible, but in any event it is very unlikely that you have any ability to compel early payment on the note simply because the trust is terminating.

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