[WSBARP] Gift of Real Property TiC with Later Regrets - Seeking to Refer

David Faber david at faberfeinson.com
Fri Nov 5 10:24:11 PDT 2021


Thank you Bryce. I have given your contact information to my client and
suggested she reach out to you. Thank you again!

Best,
David J. Faber
Faber Feinson PLLC
800 Polk Street, Suite B
Port Townsend, WA 98368
(360) 379-4110

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On Mon, Nov 1, 2021 at 4:32 PM Bryce Dille <Bryce at dillelaw.com> wrote:

> Although our office is in Olympia we have a substantial practice in Mason
> county and I have had considerable experience in unwinding these types of
> real estate relationships would be willing to speak with your client and
> give the options.
>
>
>
> Bryce H. Dille
>
> Dille Law, PLLC
>
> 2010 Caton Way SW Ste. 101
>
> Olympia, WA 98502
>
> Office: 360-350-0270
>
> Cell: 253-579-5561
>
>
>
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> 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.
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *David Faber
> *Sent:* Monday, November 1, 2021 4:12 PM
> *To:* wsbarp <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Gift of Real Property TiC with Later Regrets -
> Seeking to Refer
>
>
>
> Hello Real Property ListServ:
>
>
>
> Some/many years ago an estate planning (C)lient of mine--before they were
> my client--gifted partial title in a beach house here in Washington State
> to a (F)riend, adding F as a Tenant-in-Common. C paid for the house and has
> continued to maintain the house, paying all property taxes and expenses
> associated with the house. C and F had a falling out some time ago (as in a
> couple years back) but being classic non-lawyers they never addressed the
> ongoing relationship inherent in co-owning real property. C now wants to
> get F out of the arrangement and does not want to pay F, or at least does
> not want to pay F much. My knowledge is stretched pretty thin pretty
> quickly when it comes to issues like this; I know that C, as a TiC, can
> force F to pay contribution for expenses of the house and C can rationally
> deduct from the proceeds that F should receive for F's title any past
> expenses that can be proven out, but my sense is that F owns half the
> equity unless we have some kind of strong evidence to the contrary that I
> do not imagine is forthcoming, and I believe that there's no argument that
> would allow us to unwind the gift. I'm hoping I can refer C to another
> lawyer who is much more knowledgeable than I to provide further guidance on
> this, however, as there is almost certainly more that can be done than I
> realize.
>
>
>
> Beach house is in Mason County. C is here in Port Townsend. Ideally we
> would find someone along the west side of the Salish Sea or perhaps in
> Kitsap County, but C might not be picky. Self-referrals are perfectly fine.
>
>
>
> Thank you folks!
>
>
>
> Best,
>
> David J. Faber
>
> Faber Feinson PLLC
>
> 800 Polk Street, Suite B
>
> Port Townsend, WA 98368
> (360) 379-4110
>
>
>
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