[WSBARP] UD Gurus

Wed Feb 2 19:47:47 PST 2022

Paul - thank you for the update. Would you be willing to share the cause
number and jurisdiction?

Thanks,
Tom

On Wed, Feb 2, 2022 at 1:59 PM Maxwell Glasson <max at glassonlegal.com> wrote:

> Paul,
>
>
>
> Thanks for the update!
>
>
>
> Regards,
>
>
>
> Maxwell B. Glasson
>
> *Glasson Legal, PLLC *
>
> 2212 Queen Anne Ave. N, #659
>
> Seattle, Washington, 98109
>
> 206-627-0528
>
> max at glassonlegal.com
>
> www.glassonlegal.com
>
> *WA# 51948  NV# 13339  CA# 292356*
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Paul Neumiller
> *Sent:* Wednesday, February 2, 2022 1:55 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] UD Gurus
>
>
>
> For the good of the hivemind, as you may recall, I had UD case with the
> issue of whether a 90-day notice to occupy as the owner can be given by the
> trustee of a trust.  T’s free justice project attorney argued that a trust
> is an entity like a LLC or a corp. and therefore can’t personally occupy a
> residence under a RCW59.18.650(2)(d).  Based on the definition of “owner”
> under RCW59.18.030(19)(b), the judge readily dismissed T’s argument saying
> that it appeared that subsection (b) was specifically passed to address
> this type of situation.  I also pointed out that a grantor trust is a
> disregarded entity under state and federal law.  I said that it would come
> as a shock to millions of persons who used a revocable grantor trust as an
> estate planning tool that the grantor/settlor/trustee wasn’t a person who
> could occupy the residence.
>
>
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Kaitlyn Jackson
> *Sent:* Tuesday, January 4, 2022 10:48 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] UD Gurus
>
>
>
> Paul -
>
>
>
>  Just checking in on this - did your argument(s) succeed?
>
>
>
> Kaitlyn
>
>
>
> On Thu, Dec 23, 2021 at 2:40 PM Paul Neumiller <pneumiller at hotmail.com>
> wrote:
>
> Yep.  That and the definitions of Landlord and owner under RCW509.18.030.
>
>
>
>
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Rob Rowley
> *Sent:* Thursday, December 23, 2021 2:09 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] UD Gurus
>
>
>
> 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
>
> Seattle, Washington, 98109
>
> 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%7Cc596ca5728f24131f2e208d9cfb357ad%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637769191460759514%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=%2FahyB9MHwMd1xqYPYNp%2BJC6dTpKM3FPBMXlQRuIQxyg%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
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> 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]
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> --
>
> Thank you,
>
>
>
> Kaitlyn R. Jackson, Attorney
>
> Dimension Law Group, PLLC
>
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