[WSBARP] UD Gurus

Thu Dec 23 14:09:17 PST 2021

I’d brief the fact that the RLT is a disregarded entity under state and
federal law. Merely an estate planning technique.

Attorney Robert R Rowley

W: (509) 252-5074

M: (509) 994-1143

F: (509) 928-3084

rob at rowleylegal.com

*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Paul Neumiller
*Sent:* Thursday, December 23, 2021 1:51 PM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] UD Gurus

Thanks for your response.  The court granted the tenant’s motion for stay
of execution of the writ of restitution (the lock-out date was Monday but
was based on a default judgment) and will set a hearing to address the
tenant’s defenses.  So, the issue of whether a 90-day notice can be given
by the trustee of a trust is still open and alive.  Happy Holidays.

*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Maxwell Glasson
*Sent:* Thursday, December 23, 2021 12:18 PM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; Listserve
RealProp (realprop at googlegroups.com) <realprop at googlegroups.com>
*Subject:* Re: [WSBARP] UD Gurus

Paul,

My understanding is the “execution” is the lock-out.

To your second question, I’ve never dealt with this, but I think a
trustee/settlor would have a safer argument than a member of an LLC.  Give
it a whirl and let us know how it goes.

Regards,

Maxwell B. Glasson

*Glasson Legal, PLLC *

2212 Queen Anne Ave. N, #659 <x-apple-data-detectors://0/1>

Seattle, Washington, 98109 <x-apple-data-detectors://0/1>

206-627-0528

max at glassonlegal.com

www.glassonlegal.com
<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.glassonlegal.com%2F&data=04%7C01%7C%7C99b8dc2012c945fbccd808d9c651c63c%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637758876835344507%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=CFxUcloA0TvIu79Y7UtYl6%2FUlMzUFHXo88Jo6hEo6o0%3D&reserved=0>

*WA# 51948  NV# 13339  CA# 292356*

THE INFORMATION CONTAINED IN THIS TRANSMISSION IS CONFIDENTIAL AND MAY BE
ATTORNEY-CLIENT PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR THE USE OF
THE INDIVIDUAL TO WHOM OR THE ENTITY TO WHICH IT IS ADDRESSED. IF YOU ARE
NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR
DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS
STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE IMMEDIATELY
NOTIFY US AND DELETE THE ORIGINAL MESSAGE.

------------------------------

*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
on behalf of Paul Neumiller <pneumiller at hotmail.com>
*Sent:* Thursday, December 23, 2021 12:02:35 PM
*To:* Listserve RealProp (realprop at googlegroups.com) <
realprop at googlegroups.com>; WSBA Real Property Listserv <
wsbarp at lists.wsbarppt.com>
*Subject:* [WSBARP] UD Gurus

Two Items have just come up that I need to argue in less than two hours.
First, several sections of RCW 59.18 speak of actions that must be done
"before execution of the writ of restitution."  So what does this mean?  Is
the writ executed when the sheriff posts the door with the writ or is the
writ executed when the sheriff shows up for the lock-out?  Second, my LL
Client owns the residence using a family trust.  The LL gave a 90 day
notice that "Joe Blow, as trustee of the Joe Blow Trust" intends to occupy
the residence as  his primary residence.  Opposing council argues that a
trust can't physically occupy the house so the notice is void.  Any
experience out there on this argument?  Sorry for the rush.

[image: Paul A_ Neumiller]
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20211223/5699d0d8/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 14264 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20211223/5699d0d8/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 14843 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20211223/5699d0d8/image002.jpg>