If you’re thinking about writing a will, you may wonder, do all assets have to pass through probate? Many assets do not. You could structure your estate planning so that all your assets avoid probate, which may or may not be the best option in your situation. Knowing which property is part of the probate […]
If your loved one left behind a smaller estate, you may ask yourself, what is simplified probate? It’s the legal process for settling the affairs of a person who has passed away. Some estates qualify for simplified rules within the probate system. If you want to learn where an estate stands and which kind of […]
An executor/executrix (personal representative) are essentially the managers of an estate. That means they have a fiduciary duty to the decedent as well as her heirs to carry out their work to the best of their ability, and to do so in an organized and transparent fashion. They act, in essence, on behalf of the […]
Do You Have to Do Probate When Someone Dies? A term frequently heard after someone dies is “probate.” Probate is the legal process used to administer a deceased person’s estate by gathering assets, settling debts, and ultimately providing financial distributions to members of the family. As a judicial process, the probate judge is essentially providing […]
Non-conforming use, more commonly referred to as a “grandfathered use,” is a concept found in zoning and land use law. To understand it fully, one must understand how zoning and land use codes work. State and local government use municipal “zoning codes” to govern how buildings are constructed and how land is utilized. What’s more, […]
By Thomas L. Dickson, Esq. In a highly-charged real estate market, people losing their homes to deeds of trust foreclosure may be surprised to learn they are entitled to cash after the trustee’s sale. Despite the unpleasant fact a foreclosure is taking place, often the equity gained by the fated property substantially exceeds the amount […]
By Thomas L. Dickson, Esq. Used together, a promissory note and a deed of trust embody the most common type of mortgage. The deed of trust is recorded on the borrower’s title securing the note and prioritizing the loan’s position on title. There are only two ways to foreclose on this mortgage: judicially and nonjudicially. […]
By Thomas L. Dickson, Esq. We often hear the expression, “grandfather rights,” when someone’s property is not affected by a land use change while nearly everyone else’s is.In legal parlance,land use attorneys knowthe term is“Nonconforming Use,” defined as ause“existinglawfully before the rezone of the surrounding area and continues or is ‘grandfathered’after the rezone, provided the […]
By Thomas L. Dickson, Esq. Construction liens are an important part ofSeattlerealestate law and other high-growth areas of Western Washington. The lien, also calleda“mechanic’s lien,”representsa pre-judicial claim against title, and the owner of the land on whom the lien is recorded cannot sell the property or obtain a loan thereon untilthe lien is satisfied, removed,or […]
How can a living trust help avoid probate? It’s a legal document that might be the right choice for you and your family if avoiding probate is a priority. Most of us don’t like to think about what will happen to our family after we die, but we like having control and doing the right […]