[WSBARP] WSBARP Digest, Vol 79, Issue 24
Stephen Whitehouse
swhite8893 at aol.com
Wed Apr 21 14:03:05 PDT 2021
Other than using RCW 9A.52, has anyone developed a strategy for getting homeless people removed from private property if law enforcement is not fully cooperative?The squatter provision of 9A.52 does not mandate law enforcement to remove someone. I have been thinking that notice could be given under 59.12. 030(6), and then bring an unlawful detainer action and get a Writ of Restitution which I think law enforcement would be obliged to honor. If anyone has worked through the thinking on this, I would love to hear any ideas.
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.Shelton, Wa. 98584360-426-5885
swhite8893 at aol.com
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Subject: WSBARP Digest, Vol 79, Issue 24
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Today's Topics:
1. Re: Snohomish County Probate Guardium ad Litem non minor
(Nicholas Pleasants)
2. Re: Snohomish County Probate Guardium ad Litem non minor
(Kristina Driessen)
3. Capital gain tax on gift of equity (Craig Blackmon)
4. Re: Capital gain tax on gift of equity (Bryce Dille)
5. Re: Capital gain tax on gift of equity (Roger Hawkes)
6. Re: Capital gain tax on gift of equity (Kary Krismer)
7. view corridor restriction/height restriction (John McCrady)
8. Boundary Line Adjustment Agreement pursuant to RCW 58.04.007
(msafren at jennylinglaw.com)
----------------------------------------------------------------------
Message: 1
Date: Tue, 20 Apr 2021 20:43:17 +0000
From: Nicholas Pleasants <nick at pleasantslaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Snohomish County Probate Guardium ad Litem non
minor
Message-ID: <01B0D7D1-1B8E-4240-BC09-36D9173DA67B at pleasantslaw.com>
Content-Type: text/plain; charset="utf-8"
Hi Kristina,
You can pick your probate GAL in any county. I?m not aware of any local rules requiring you to use a list. RCW 11.76.080 allows ?some disinterested person? to serve as the probate GAL. The court has broad discretion, unlike RCW 11.88.090(4)(a) that requires the guardianship GAL to be next off the list except in extraordinary circumstances.
That said, Snohomish County would prefer you pick someone off their Title 11 GAL list, which you can find here: https://snohomishcountywa.gov/1441/Guardian-ad-Litem-GAL (scroll to the bottom, there are links for county pay or private pay, presumably you want to use the private pay list). You might look at the notes to find someone who has particular expertise if you need. I?ve worked with just about everyone on the Title 11 private pay list, feel free to call me if you want a personal recommendation.
Best,
Nick
Nicholas Pleasants
Owner
[(Logo) Pleasants Law Firm]<http://www.pleasantslaw.com/>
Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel/fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
www.pleasantslaw.com<http://www.pleasantslaw.com>
The information contained in this e-mail message may be privileged and is confidential information intended only for the use of the recipient, or any employee or agent responsible to deliver it to the intended recipient. Any unauthorized use, distribution or copying of this information is strictly prohibited and may be unlawful.
If you have received this communication in error, please notify the sender immediately and destroy the original message and all attachments from your electronic files.
From: <wsbarp-bounces at lists.wsbarppt.com> on behalf of Kristina Driessen <kristina at rdattys.comcastbiz.net>
Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Date: Monday, April 19, 2021 at 3:57 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Snohomish County Probate Guardium ad Litem non minor
Good Afternoon All-
Does Snohomish County have a form they require when asking for a probate GAL? Does the judge/commissioner apt the next person on the list or do I need to recommend someone? When can I find the list?
Thanks in advance.
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Message: 2
Date: Tue, 20 Apr 2021 23:05:26 +0000
From: Kristina Driessen <kristina at rdattys.comcastbiz.net>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Snohomish County Probate Guardium ad Litem non
minor
Message-ID:
<BYAPR16MB24243C4D7B69798FBF71A8F5FC489 at BYAPR16MB2424.namprd16.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
Thank you.
Kristina A. Driessen
?A? Street Legal Services, Inc. P.S
Attorneys at Law
16 A Street SE
Auburn, WA. 98002
(253) 939-0811
(253) 939-0471 fax
astreetlegalservices.com
kristina at rdattys.comcastbiz.net
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney/client privilege, work product doctrine or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at 253.939.0811 that you have received the message in error, and then delete it. Thank you.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Nicholas Pleasants
Sent: Tuesday, April 20, 2021 1:43 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Snohomish County Probate Guardium ad Litem non minor
Hi Kristina,
You can pick your probate GAL in any county. I?m not aware of any local rules requiring you to use a list. RCW 11.76.080 allows ?some disinterested person? to serve as the probate GAL. The court has broad discretion, unlike RCW 11.88.090(4)(a) that requires the guardianship GAL to be next off the list except in extraordinary circumstances.
That said, Snohomish County would prefer you pick someone off their Title 11 GAL list, which you can find here: https://snohomishcountywa.gov/1441/Guardian-ad-Litem-GAL (scroll to the bottom, there are links for county pay or private pay, presumably you want to use the private pay list). You might look at the notes to find someone who has particular expertise if you need. I?ve worked with just about everyone on the Title 11 private pay list, feel free to call me if you want a personal recommendation.
Best,
Nick
Nicholas Pleasants
Owner
[(Logo) Pleasants Law Firm]<http://www.pleasantslaw.com/>
Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel/fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
www.pleasantslaw.com<http://www.pleasantslaw.com>
The information contained in this e-mail message may be privileged and is confidential information intended only for the use of the recipient, or any employee or agent responsible to deliver it to the intended recipient. Any unauthorized use, distribution or copying of this information is strictly prohibited and may be unlawful.
If you have received this communication in error, please notify the sender immediately and destroy the original message and all attachments from your electronic files.
From: <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of Kristina Driessen <kristina at rdattys.comcastbiz.net<mailto:kristina at rdattys.comcastbiz.net>>
Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Date: Monday, April 19, 2021 at 3:57 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Snohomish County Probate Guardium ad Litem non minor
Good Afternoon All-
Does Snohomish County have a form they require when asking for a probate GAL? Does the judge/commissioner apt the next person on the list or do I need to recommend someone? When can I find the list?
Thanks in advance.
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Message: 3
Date: Tue, 20 Apr 2021 16:56:31 -0700
From: Craig Blackmon <craig at lawofficeofcraigblackmon.com>
To: WSBA Real Property List Serve <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Capital gain tax on gift of equity
Message-ID:
<CAG1D8uYd2W9i5THjej5J-RZ6AkLVB224fkQmKP=KZN9XQMqQFQ at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
'Mates, seller gifts $20k in equity to buyer. Does the seller owe capital
gains tax on that $20k?
Thanks for any insight you can provide.
Craig
Craig Blackmon, Attorney at Law
<https://www.mywsba.org/PersonifyEbusiness/LegalDirectory/LegalProfile.aspx?Usr_ID=000000029240>
92 Lenora St. #8, Seattle WA 98121
Office/Cell: (206) 369-5949
On the blog: How to Read (and Understand) a Title Report
<http://seattlepropertylawyer.com/blog/how-to-read-and-understand-a-title-report>
<https://www.fsbolawyers.org/>
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Message: 4
Date: Wed, 21 Apr 2021 00:05:36 +0000
From: Bryce Dille <Bryce at dillelaw.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Capital gain tax on gift of equity
Message-ID:
<MW3PR11MB4588032B9D26DC5466D0E97CC8479 at MW3PR11MB4588.namprd11.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
No gain on gift donee takes donor?s basis so when sold donee will pay tax on gain over donors basis, but for gift tax purposes if there is one property is valued at FMV as of date of gift.
Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561
** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**
This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s). If this matter is transmitted to you in error, please notify the sender immediately.
Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Craig Blackmon
Sent: Tuesday, April 20, 2021 4:57 PM
To: WSBA Real Property List Serve <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Capital gain tax on gift of equity
'Mates, seller gifts $20k in equity to buyer. Does the seller owe capital gains tax on that $20k?
Thanks for any insight you can provide.
Craig
Craig Blackmon, Attorney at Law<https://www.mywsba.org/PersonifyEbusiness/LegalDirectory/LegalProfile.aspx?Usr_ID=000000029240>
92 Lenora St. #8, Seattle WA 98121
Office/Cell: (206) 369-5949
On the blog: How to Read (and Understand) a Title Report<http://seattlepropertylawyer.com/blog/how-to-read-and-understand-a-title-report>
[https://drive.google.com/a/lawofficeofcraigblackmon.com/uc?id=1hQRIEe9StVVNNSx58ImicjsXMNCAUmxM&export=download] [https://drive.google.com/a/lawofficeofcraigblackmon.com/uc?id=1uOJNigm0yzzeN5xhdzTXoGcHNRdd1U6q&export=download] <https://www.fsbolawyers.org/>
CONFIDENTIALITY NOTICE: This communication is a private, confidential electronic communication encompassed by 18 USC 2510. It is for the sole use of the intended recipient and receipt by anyone other than the intended recipient does not constitute a loss of its confidential or privileged nature. Any review or distribution by others is strictly prohibited. If you are not the intended recipient please inform the sender and destroy all copies.
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Message: 5
Date: Wed, 21 Apr 2021 01:18:03 +0000
From: Roger Hawkes <Roger at law-hawks.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Capital gain tax on gift of equity
Message-ID:
<MN2PR16MB27503DCD117C4C465FA5C715E9479 at MN2PR16MB2750.namprd16.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
Not when the gift is made; but giftee takes giftor?s basis; so when later sold or tradedthe 20k would be part of the capital gain calculation.
Roger Hawkes, WSBA # 5173
Shoreline Office: 19944 Ballinger Way NE
Shoreline, WA 98155
Sultan Office: 423 Main
Sultan, WA 98294
Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
[cid:image001.jpg at 01D73611.7FFA1A00]
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Craig Blackmon
Sent: Tuesday, April 20, 2021 4:57 PM
To: WSBA Real Property List Serve <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Capital gain tax on gift of equity
'Mates, seller gifts $20k in equity to buyer. Does the seller owe capital gains tax on that $20k?
Thanks for any insight you can provide.
Craig
Craig Blackmon, Attorney at Law<https://www.mywsba.org/PersonifyEbusiness/LegalDirectory/LegalProfile.aspx?Usr_ID=000000029240>
92 Lenora St. #8, Seattle WA 98121
Office/Cell: (206) 369-5949
On the blog: How to Read (and Understand) a Title Report<http://seattlepropertylawyer.com/blog/how-to-read-and-understand-a-title-report>
[https://drive.google.com/a/lawofficeofcraigblackmon.com/uc?id=1hQRIEe9StVVNNSx58ImicjsXMNCAUmxM&export=download] [https://drive.google.com/a/lawofficeofcraigblackmon.com/uc?id=1uOJNigm0yzzeN5xhdzTXoGcHNRdd1U6q&export=download] <https://www.fsbolawyers.org/>
CONFIDENTIALITY NOTICE: This communication is a private, confidential electronic communication encompassed by 18 USC 2510. It is for the sole use of the intended recipient and receipt by anyone other than the intended recipient does not constitute a loss of its confidential or privileged nature. Any review or distribution by others is strictly prohibited. If you are not the intended recipient please inform the sender and destroy all copies.
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Message: 6
Date: Tue, 20 Apr 2021 19:46:10 -0700
From: Kary Krismer <Krismer at comcast.net>
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Capital gain tax on gift of equity
Message-ID: <484f1840-5ed5-0805-1489-ad969c258fde at comcast.net>
Content-Type: text/plain; charset="utf-8"; Format="flowed"
I don't know how you make a gift of $20k of equity.? It needs to be a
percentage ownership in the property to be understandable if not
enforceable.? I presume the percentage would equal approximately $20,000
in value.
As others have explained, there's ordinarily no income tax due but the
grantee's basis would be the same as the grantor's basis.
So if Grantor had a piece of property worth $200,000 that they paid
$100,000 for, the grantor would grant a 10% interest in the property
(worth $20,000) and the grantee's basis would be $10,000.? If they later
sold for $25,000 they would have a $15,000 gain.
Not sure exactly how it would work if the property were encumbered.?
Let's assume a $1,000,000 piece of property that the grantor paid
$500,000 for and owes $800,000, so that a 10% gift would still be worth
$20,000.? But the grantor's basis in that 10% would seemingly be worth
$50,000.? That makes less sense, because it would get around the gift
tax reporting limitations, and would cause me to contact a tax attorney.
Kary L. Krismer
206 723-2148
On 4/20/2021 4:56 PM, Craig Blackmon wrote:
> 'Mates, seller gifts $20k in equity to buyer. Does the seller owe
> capital gains tax on that $20k?
>
> Thanks for any insight you can provide.
>
> Craig
> Craig Blackmon, Attorney at Law
> <https://www.mywsba.org/PersonifyEbusiness/LegalDirectory/LegalProfile.aspx?Usr_ID=000000029240>
> 92 Lenora St. #8, Seattle WA? 98121
> Office/Cell: (206) 369-5949
> On the blog: How to Read (and Understand) a Title Report
> <http://seattlepropertylawyer.com/blog/how-to-read-and-understand-a-title-report>
> <https://www.fsbolawyers.org/>
> CONFIDENTIALITY NOTICE: This communication is a private, confidential
> electronic communication encompassed by 18 USC 2510. It is for the
> sole use of the intended recipient and receipt by anyone other than
> the intended recipient does not constitute a loss of its confidential
> or privileged nature.? Any review or distribution by others is
> strictly prohibited. If you are not the intended recipient please
> inform the sender and destroy all copies.
>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
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Message: 7
Date: Wed, 21 Apr 2021 17:47:41 +0000
From: John McCrady <j.mccrady at pstitle.com>
To: "WSBA Real Property (wsbarp at LISTS.WSBARPPT.COM)"
<wsbarp at LISTS.WSBARPPT.COM>
Subject: [WSBARP] view corridor restriction/height restriction
Message-ID: <e42bc7c9ba4d47e9bac151960387c915 at PST-MAIL.pstitle.com>
Content-Type: text/plain; charset="us-ascii"
I am looking for samples of documents imposing height restriction and/or view corridor restrictions.
If anyone can share with me, I would be grateful!
John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>
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Message: 8
Date: Wed, 21 Apr 2021 11:37:44 -0700
From: <msafren at jennylinglaw.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Boundary Line Adjustment Agreement pursuant to RCW
58.04.007
Message-ID: <0d0a01d736dd$6be94140$43bbc3c0$@jennylinglaw.com>
Content-Type: text/plain; charset="us-ascii"
Hello Real Property Braintrust,
I have a client that is seeking to enter into a boundary line adjustment
agreement to resolve a dispute with a neighbor regarding the property line.
Pursuant to RCW 58.04.007, parties may record a boundary line adjustment to
resolve a dispute, however, I'm unclear as to whether RCW 58.04.007
requires a suit or action to be commenced in a Washington Court and
therefore evidenced by a case number to qualify as a "dispute" under RCW
58.04.007. The text of the statute did not define dispute nor was I able to
find any case law which clarified the definition of "dispute" under the
statute. I was unclear if a dispute that had not resulted in a filed action
would fall under this statute.
I also had questions and concerns regarding the process after the boundary
line had been adjusted by agreement and recorded in the recorder's office
using the processes outlined in RCW 58.004.007 Would the property owners
still need to contact the local planning department to get the parcel's
adjusted and possibly segregated? Would the local review and approval
process then still apply? Would it simply be better/ more efficient to
apply to the local planning department at the outset?
I appreciate all responses and advice. Thanks in advance.
Warmest regards,
Michael S. Safren, Esq.
Attorney at Law
14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168
11900 NE 1st St., Bldg. G - Ste. 300 | Bellevue, WA 98005
P: (206) 859-5098 | E: <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com
<http://www.jennylinglaw.com/> www.jennylinglaw.com |
<http://www.facebook.com/jennylinglaw/> facebook.com/jennylinglaw/
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