[WSBARP] WSBARP Digest, Vol 111, Issue 23
Stephen Whitehouse
swhite8893 at aol.com
Thu Dec 21 09:16:09 PST 2023
Eric, All three title companies in Mason County do good work. Mason County Title got bought out by Aegis, which is based in Kitsap County. I believe if you have to confer with their head title examiner, you have to talk with someone there. Olympic Title, Nels Jorgenson, and Land Title, David DeWall, have in house decision makers. Both are great to work with.
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave. Shelton, Wa. 98584360-426-5885swhite8893 at aol.com
On Thursday, December 21, 2023 at 09:07:39 AM PST, <wsbarp-request at lists.wsbarppt.com> wrote:
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Today's Topics:
1. ISO - land use atty to help with rezone in U-District
(Anthony F. Gibbs)
2. Re: Probate Funds - Estate Account - Treasury Bonds?
(Steve Waltar)
3. Mason County title insurance - litigation guarantee (Eric Nelsen)
4. Re: Mason County title insurance - litigation guarantee
(Bryce Dille)
5. Re: Mason County title insurance - litigation guarantee
(Inge Fordham)
6. Re: Mason County title insurance - litigation guarantee
(Kailei Feeney)
7. Re: WSBARP Digest, Vol 111, Issue 22 (Stephen Whitehouse)
----------------------------------------------------------------------
Message: 1
Date: Wed, 20 Dec 2023 20:10:29 +0000
From: "Anthony F. Gibbs" <anthony at sounderlaw.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] ISO - land use atty to help with rezone in
U-District
Message-ID:
<CH3PR07MB988247FE762A646D3752E26ED096A at CH3PR07MB9882.namprd07.prod.outlook.com>
Content-Type: text/plain; charset="windows-1252"
Hi Folks,
I have a PC looking to rezone his property in the U-District and asked me for a referral.
I?m happy to send along self-referrals if this is in your quiver.
Thanks!
Anthony
--
Anthony F. Gibbs, Esq.
Sounder Law PLLC
(206) 734-4374 [P]
(206) 212-7825 [F]
anthony at sounderlaw.com<mailto:anthony at sounderlaw.com>
sounderlaw.com
22014 7th Ave South, Suite 106
Des Moines, WA 98198
15600 Redmond Way, Suite 101
Redmond, WA 98052
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Message: 2
Date: Wed, 20 Dec 2023 20:45:06 +0000
From: Steve Waltar <steve at waltar.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Probate Funds - Estate Account - Treasury Bonds?
Message-ID:
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I have a good contact in a Swiss banker. He is a licensed attorney in Washington who works and lives in Zurich. Maybe park some funds there. I can get you his contact info if you like. He is flying to Seattle tomorrow.
Stephen M. Waltar
Attorney at Law
[cid:image001.png at 01DA3342.5A6CD170]
Legacy Estate Planning, LLC
A division of Stephen M. Waltar PS
2320 130th Avenue NE, Suite 230, Bellevue, WA 98005
info at waltar.com<mailto:info at waltar.com> | 425.455.6788 o | 425.450.4601 f
[yelp]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.yelp.com_biz_stephen-2Dm-2Dwaltar-2Dps-2Dbellevue&d=DwMFAg&c=lyRy51zjx4hQJcB3JCGUOU5vX-jEGJJtBuA7jLo19lU&r=TYGWvaYlnW8U-JFPViPoSrCyI2zMwT_mLdmWUQrLmOQ&m=MGhtFppGXmb3jRT1eyK2_Vv70EGl8R-DU22LRv3VRAI&s=a89P3SfyaWGNCVXSqP1f5Li43C53HbQ7k5s-H8sPMjU&e=> [download] <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.linkedin.com_pub_stephen-2Dwaltar_7_1a1_2b0&d=DwMFAg&c=lyRy51zjx4hQJcB3JCGUOU5vX-jEGJJtBuA7jLo19lU&r=TYGWvaYlnW8U-JFPViPoSrCyI2zMwT_mLdmWUQrLmOQ&m=MGhtFppGXmb3jRT1eyK2_Vv70EGl8R-DU22LRv3VRAI&s=4oFLhqFoITu81ajYvGsJyY0Xhwm4kMdlCCC1a-jEl-0&e=> [facebook_logo-150x150] <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.facebook.com_Stephen-2DM-2DWaltar-2DPS-2D663832273655743_timeline_&d=DwMFAg&c=lyRy51zjx4hQJcB3JCGUOU5vX-jEGJJtBuA7jLo19lU&r=TYGWvaYlnW8U-JFPViPoSrCyI2zMwT_mLdmWUQrLmOQ&m=MGhtFppGXmb3jRT1eyK2_Vv70EGl8R-DU22LRv3VRAI&s=OETy828aPHb4XItE-sB8UPM43O1jgzP-sSRItwWhtuA&e=> [Screen-Shot-2015-!
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If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, forwarding or any form of copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark McClure
Sent: Tuesday, December 19, 2023 4:14 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Probate Funds - Estate Account - Treasury Bonds?
In the bankruptcy world, US Bank is certified by the US Trustee?s office to hold debtor funds in excess of the limits. For what it is worth.
Mark C. McClure | Managing Attorney
Law Office of Mark McClure, PS
"Why Retire With Debt?"
1103 West Meeker Street, #101
Kent, WA 98032
Office: 253.631.6484 (Leave Msg - Will be returned within 24 hours)
Email: Mark at McClureLawGroup.com<mailto:Mark at McClureLawGroup.com>
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Notice of Unavailability: TBD
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>] On Behalf Of Jeanne Dawes
Sent: Tuesday, December 19, 2023 3:51 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Probate Funds - Estate Account - Treasury Bonds?
Check with Umpqua bank and wash. Trust bank. I believe both have accounts with higher FDIC insurance availability, I know Umpqua does, not sure about WTB.
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Neli Espe, J.D. - Olympic Legal
Sent: Tuesday, December 19, 2023 3:51 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Probate Funds - Estate Account - Treasury Bonds?
Dear Listmates,
Probate estate account have close to 900K. We are trying to open additional estate accounts (with a lot of push back from local banks) to reduce the amount in each account to FDIC insured limit.
Estate may need to be open for another 6-12 months. Beneficiaries are foreign nationals and do not want interim distributions.
The idea of estate obtaining a treasury bond has been floated, but I have little faith in such a course of action.
Any ideas about how one can better handle the situation in the current banking/inflationary climate?
Happy holidays, Neli
___________________________________
Neli Espe, J.D., Olympic Legal
360.630.3635
2114 Commercial Ave., Anacortes
olympiclegal.com<http://olympiclegal.com/>
Estate & Business Planning
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Message: 3
Date: Wed, 20 Dec 2023 23:25:27 +0000
From: Eric Nelsen <eric at sayrelawoffices.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Mason County title insurance - litigation guarantee
Message-ID:
<SA1PR05MB78889723BFCC8B6F269E345CDD96A at SA1PR05MB7888.namprd05.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Colleagues, who's your title insurance company for a litigation guarantee in Mason County? Or failing that, what title insurance company do you use for a purchase & sale there?
Thanks in advance,
Sincerely,
Eric
Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>
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Message: 4
Date: Wed, 20 Dec 2023 23:34:10 +0000
From: Bryce Dille <Bryce at dillelaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Mason County title insurance - litigation
guarantee
Message-ID:
<MN0PR11MB62308DD4F0A701818AA5C4ECC896A at MN0PR11MB6230.namprd11.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
We always use Mason County Title co in Shelton 360-426-9713
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**
[R_Alan_Swanson-WH-200]
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 Eric Nelsen
Sent: Wednesday, December 20, 2023 3:25 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Mason County title insurance - litigation guarantee
Colleagues, who's your title insurance company for a litigation guarantee in Mason County? Or failing that, what title insurance company do you use for a purchase & sale there?
Thanks in advance,
Sincerely,
Eric
Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>
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Message: 5
Date: Wed, 20 Dec 2023 23:44:05 +0000
From: Inge Fordham <inge at fordhamlegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Mason County title insurance - litigation
guarantee
Message-ID:
<CY4PR2201MB1062155F7E9F2A430AB1A7CAA896A at CY4PR2201MB1062.namprd22.prod.outlook.com>
Content-Type: text/plain; charset="windows-1252"
Aegis Land Title Group
[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>
Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent. This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient. If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it. If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Eric Nelsen <eric at sayrelawoffices.com>
Date: Wednesday, December 20, 2023 at 3:31 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Mason County title insurance - litigation guarantee
Colleagues, who?s your title insurance company for a litigation guarantee in Mason County? Or failing that, what title insurance company do you use for a purchase & sale there?
Thanks in advance,
Sincerely,
Eric
Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>
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Message: 6
Date: Wed, 20 Dec 2023 23:58:07 +0000
From: Kailei Feeney <kailei at westseattlelaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Mason County title insurance - litigation
guarantee
Message-ID:
<PH0PR22MB30800BB3C64B1B45F4F28D82A796A at PH0PR22MB3080.namprd22.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
To your latter question, in my last transaction (a couple month ago) I used:
[cid:image001.png at 01DA335D.3C1EAF70]LAND TITLE COMPANY OF MASON COUNTY
930 West Railroad Avenue
Shelton, WA 98584
O: 360.426.8288 | TF: 800-955-0852
Kailei
Kailei B. Feeney
Attorney-at-Law
[cid:image002.jpg at 01DA335D.520D9D50]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
kailei at westseattlelaw.com<mailto:kailei at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Our office will be closed December 25 and 26, 2023.
Click here to connect with de Vrieze | Carney on Facebook: [FB Logo] <https://www.facebook.com/DeVriezeCarney>
CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information. If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment. Unless you have previously signed an engagement agreement with this firm, and the firm has accepted you as a client, NO exchange of information by virtue of emails or communications will create any attorney client relationship, including any duty of confidentiality, between sender and/or recipient.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Wednesday, December 20, 2023 3:25 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Mason County title insurance - litigation guarantee
Colleagues, who's your title insurance company for a litigation guarantee in Mason County? Or failing that, what title insurance company do you use for a purchase & sale there?
Thanks in advance,
Sincerely,
Eric
Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>
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Message: 7
Date: Thu, 21 Dec 2023 17:03:26 +0000 (UTC)
From: Stephen Whitehouse <swhite8893 at aol.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] WSBARP Digest, Vol 111, Issue 22
Message-ID: <1796917609.3420195.1703178206175 at mail.yahoo.com>
Content-Type: text/plain; charset="utf-8"
Eric,? ? ?I am not aware of the practical difference between the two writs. There may be some historical theoretical distinctinction, but I am not aware of it. As a practical matter, both order the sheriff to restore possession. The Writ of Assistance does have a broader use.? In an unlawful detainer situation, I would use the Writ of Restitution since that is the terminology used by the statutes.? ? ?Going off of my memory, I believe that years ago there was no such thing as unlawful detainers. There were only an ejectment actions. I think there may have been other types of writs as well that developed from the old common law.?? ? ?I suspect if you looked in the bowels of a law school library, there would be some book from the early 1900's that goes through a lot of this.?
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.?Shelton, Wa. 98584360-426-5885swhite8893 at aol.com
On Wednesday, December 20, 2023 at 12:00:23 PM PST, wsbarp-request at lists.wsbarppt.com <wsbarp-request at lists.wsbarppt.com> wrote:
Send WSBARP mailing list submissions to
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To subscribe or unsubscribe via the World Wide Web, visit
??? http://mailman.fsr.com/mailman/listinfo/wsbarp
or, via email, send a message with subject or body 'help' to
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You can reach the person managing the list at
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When replying, please edit your Subject line so it is more specific
than "Re: Contents of WSBARP digest..."
Today's Topics:
? 1. Probate Funds - Estate Account - Treasury Bonds?
? ? ? (Neli Espe, J.D. - Olympic Legal)
? 2. Re: Probate Funds - Estate Account - Treasury Bonds? (Tom Ashton)
? 3. Re: Probate Funds - Estate Account - Treasury Bonds?
? ? ? (Jeanne Dawes)
? 4. Writ of Assistance vs Writ of Restitution? (Eric Nelsen)
? 5. Re: Probate Funds - Estate Account - Treasury Bonds?
? ? ? (Mark McClure)
? 6. Re: Writ of Assistance vs Writ of Restitution? (Rowley, Rob)
? 7. Re: Writ of Assistance vs Writ of Restitution? (Rod Harmon)
? 8. Writ of Assistance vs Writ of Restitution? (Rod Harmon)
? 9. Re: Writ of Assistance vs Writ of Restitution? (Patrick McDonald)
? 10. TIAA CREFF account just found (Jenna Brozik)
? 11. Perfecting custodial real estate interest at 18 (Claudia A Gowan)
----------------------------------------------------------------------
Message: 1
Date: Tue, 19 Dec 2023 21:51:28 +0000
From: "Neli Espe, J.D. - Olympic Legal" <neli at olympiclegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Probate Funds - Estate Account - Treasury Bonds?
Message-ID: <D156AB1C-12EB-499E-9D3C-94A9F3A765CE at olympiclegal.com>
Content-Type: text/plain; charset="us-ascii"
Dear Listmates,
Probate estate account have close to 900K. We are trying to open additional estate accounts (with a lot of push back from local banks) to reduce the amount in each account to FDIC insured limit.
Estate may need to be open for another 6-12 months. Beneficiaries are foreign nationals and do not want interim distributions.
The idea of estate obtaining a treasury bond has been floated, but I have little faith in such a course of action.
Any ideas about how one can better handle the situation in the current banking/inflationary climate?
Happy holidays, Neli
___________________________________
? Neli Espe, J.D., Olympic Legal
? ? ? ? ? ? ? ? 360.630.3635
2114 Commercial Ave., Anacortes
? ? ? ? ? ? olympiclegal.com<http://olympiclegal.com/>
? ? Estate & Business Planning
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Message: 2
Date: Tue, 19 Dec 2023 22:53:01 +0000
From: Tom Ashton <Tashton at tomashtonlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Probate Funds - Estate Account - Treasury Bonds?
Message-ID:
??? <SA1PR13MB47827017501CDCB21077D6A3CD97A at SA1PR13MB4782.namprd13.prod.outlook.com>
???
Content-Type: text/plain; charset="us-ascii"
Years ago, I had a similar problem in Whatcom County, but I had an order requiring disbursements from a California probate to be paid into the registry of the court. Clerk didn't much like it, and proceeds were fairly short term (several months) but it worked because the banks didn't want to lose the county's business.
Good luck.
Get Outlook for Android<https://aka.ms/AAb9ysg>
________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Neli Espe, J.D. - Olympic Legal <neli at olympiclegal.com>
Sent: Tuesday, December 19, 2023 1:51:28 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Probate Funds - Estate Account - Treasury Bonds?
Dear Listmates,
Probate estate account have close to 900K. We are trying to open additional estate accounts (with a lot of push back from local banks) to reduce the amount in each account to FDIC insured limit.
Estate may need to be open for another 6-12 months. Beneficiaries are foreign nationals and do not want interim distributions.
The idea of estate obtaining a treasury bond has been floated, but I have little faith in such a course of action.
Any ideas about how one can better handle the situation in the current banking/inflationary climate?
Happy holidays, Neli
___________________________________
? Neli Espe, J.D., Olympic Legal
? ? ? ? ? ? ? ? 360.630.3635
2114 Commercial Ave., Anacortes
? ? ? ? ? ? olympiclegal.com<http://olympiclegal.com/>
? ? Estate & Business Planning
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Message: 3
Date: Tue, 19 Dec 2023 23:51:27 +0000
From: Jeanne Dawes <jjdawes at goregrewe.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Probate Funds - Estate Account - Treasury Bonds?
Message-ID:
??? <MW4PR05MB82033CB506869B8AFC7F04CCAC97A at MW4PR05MB8203.namprd05.prod.outlook.com>
???
Content-Type: text/plain; charset="us-ascii"
Check with Umpqua bank and wash. Trust bank. I believe both have accounts with higher FDIC insurance availability, I know Umpqua does, not sure about WTB.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Neli Espe, J.D. - Olympic Legal
Sent: Tuesday, December 19, 2023 3:51 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Probate Funds - Estate Account - Treasury Bonds?
Dear Listmates,
Probate estate account have close to 900K. We are trying to open additional estate accounts (with a lot of push back from local banks) to reduce the amount in each account to FDIC insured limit.
Estate may need to be open for another 6-12 months. Beneficiaries are foreign nationals and do not want interim distributions.
The idea of estate obtaining a treasury bond has been floated, but I have little faith in such a course of action.
Any ideas about how one can better handle the situation in the current banking/inflationary climate?
Happy holidays, Neli
___________________________________
? Neli Espe, J.D., Olympic Legal
? ? ? ? ? ? ? ? 360.630.3635
2114 Commercial Ave., Anacortes
? ? ? ? ? ? olympiclegal.com<http://olympiclegal.com/>
? ? Estate & Business Planning
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Message: 4
Date: Wed, 20 Dec 2023 00:06:16 +0000
From: Eric Nelsen <eric at sayrelawoffices.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Writ of Assistance vs Writ of Restitution?
Message-ID:
??? <SA1PR05MB78882FFFF63E4C0828AED863DD96A at SA1PR05MB7888.namprd05.prod.outlook.com>
???
Content-Type: text/plain; charset="us-ascii"
Is there a legal or practical difference between a "writ of assistance" to recover possession of real property, and a "writ of restitution" to recover possession of real property? The tenancy statutes refer to writ of restitution, many old cases refer to writ of assistance, and I've seen both in use but it's not clear to me if the sheriff cares which one is used.
Sincerely,
Eric
Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>
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Message: 5
Date: Tue, 19 Dec 2023 16:14:04 -0800
From: Mark McClure <mark at mcclurelawgroup.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Probate Funds - Estate Account - Treasury Bonds?
Message-ID: <0dfde4a18778a98269708b7488a4a97c at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
In the bankruptcy world, US Bank is certified by the US Trustee?s office to
hold debtor funds in excess of the limits.? For what it is worth.
*Mark C. McClure* *| *
*Managing Attorney *Law Office of Mark McClure, PS
*"Why Retire With Debt?"*1103 West Meeker Street, #101
Kent, WA 98032
Office:? 253.631.6484 (Leave Msg - Will be returned within 24 hours)
Email: Mark at McClureLawGroup.com
Web: www.McClureLawGroup.com <http://www.mcclurelawgroup.com/>
*Notice of Unavailability:* *? ? ? TBD*
***NOTE** All visits must be scheduled in advance for access to the
building.? Call *253-631-6484 * to schedule.*
*CONFIDENTIALITY NOTICE:* This email contains legal stuff. If you are not
the intended recipient you could get into a lot of trouble if you read it,
and even more trouble if you tell someone else about it. So, the best thing
to do is ignore it and forget you ever saw it. Thank you.
*From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Jeanne Dawes
*Sent:* Tuesday, December 19, 2023 3:51 PM
*To:* WSBA Real Property Listserv
*Subject:* Re: [WSBARP] Probate Funds - Estate Account - Treasury Bonds?
Check with Umpqua bank and wash. Trust bank. I believe both have accounts
with higher FDIC insurance availability, I know Umpqua does, not sure about
WTB.
*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Neli Espe, J.D. - Olympic Legal
*Sent:* Tuesday, December 19, 2023 3:51 PM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* [WSBARP] Probate Funds - Estate Account - Treasury Bonds?
Dear Listmates,
Probate estate account have close to 900K. We are trying to open additional
estate accounts (with a lot of push back from local banks) to reduce the
amount in each account to FDIC insured limit.
Estate may need to be open for another 6-12 months. Beneficiaries are
foreign nationals and do not want interim distributions.
The idea of estate obtaining a treasury bond has been floated, but I have
little faith in such a course of action.
Any ideas about how one can better handle the situation in the current
banking/inflationary climate?
Happy holidays, Neli
___________________________________
*? Neli Espe, J.D., Olympic Legal *
? ? ? ? ? ? ? ? 360.630.3635
2114 Commercial Ave., Anacortes
? ? ? ? ? ? olympiclegal.com
? ? Estate & Business Planning
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------------------------------
Message: 6
Date: Tue, 19 Dec 2023 16:32:49 -0800
From: "Rowley, Rob" <rob at rowleylegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Writ of Assistance vs Writ of Restitution?
Message-ID:
??? <CAONTfDkUxXBHMtOT+AoVs5wJ-1B5HKfcezHd+5jWREV7x_QDiw at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
See last sentence.
CR 70 JUDGMENT FOR SPECIFIC ACTS; VESTING TITLE? If a judgment directs a
party to execute a conveyance of land or to deliver deeds or other
documents or to perform any other specific act and the party fails to
comply within the time specified, the court may direct the act to be done
at the cost of the disobedient party by some other person appointed by the
court and the act when so done has like effect as if done by the party. On
application of the party entitled to performance, the clerk shall issue a
writ of attachment or sequestration against the property of the disobedient
party to compel obedience to the judgment. The court may also in proper
cases adjudge the party in contempt. If real or personal property is within
the state, the court in lieu of directing a conveyance thereof may enter a
judgment divesting the title of any party and vesting it in others and such
judgment has the effect of a conveyance executed in due form of law. When
any order or judgment is for the delivery of possession, the party in whose
favor it is entered is entitled to a writ of execution or assistance upon
application to the clerk.
On Tue, Dec 19, 2023 at 4:15?PM Eric Nelsen <eric at sayrelawoffices.com>
wrote:
> Is there a legal or practical difference between a ?writ of assistance? to
> recover possession of real property, and a ?writ of restitution? to recover
> possession of real property? The tenancy statutes refer to writ of
> restitution, many old cases refer to writ of assistance, and I?ve seen both
> in use but it?s not clear to me if the sheriff cares which one is used.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
>
>
> ***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.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
--
Robert R. Rowley
W: 509.252.5074
C: 509.994.1143
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Message: 7
Date: Wed, 20 Dec 2023 06:56:12 +0000
From: Rod Harmon <rodharmon at msn.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Writ of Assistance vs Writ of Restitution?
Message-ID:
??? <DS0PR11MB7997A5A699F436E87DF3EE8CAB96A at DS0PR11MB7997.namprd11.prod.outlook.com>
???
Content-Type: text/plain; charset="us-ascii"
I have always used a writ of assistance to gain possession after the expiration of the redemption period after a judicial execution or foreclosure sale, and a writ of restitution in a landlord - tenant situation..
Rod Harmon
RODNEY T. HARMON
? ? ? Attorney at Law
? ? ? ? P.O. Box 1066
? ? ? Bothell, WA? 98041
? ? Tel:? (425) 402-7800
? ? Fax:? (425) 458-9096
? ? www.rodharmon.com<http://www.rodharmon.com/>
? rodharmon at msn.com<mailto:rodharmon at msn.com>
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Tuesday, December 19, 2023 4:06 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Writ of Assistance vs Writ of Restitution?
Is there a legal or practical difference between a "writ of assistance" to recover possession of real property, and a "writ of restitution" to recover possession of real property? The tenancy statutes refer to writ of restitution, many old cases refer to writ of assistance, and I've seen both in use but it's not clear to me if the sheriff cares which one is used.
Sincerely,
Eric
Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>
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Message: 8
Date: Wed, 20 Dec 2023 07:01:24 +0000
From: Rod Harmon <rodharmon at msn.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Writ of Assistance vs Writ of Restitution?
Message-ID:
??? <DS0PR11MB79973BAC6E765E1F7FFF78E3AB96A at DS0PR11MB7997.namprd11.prod.outlook.com>
???
Content-Type: text/plain; charset="iso-8859-1"
I meant to include the following in my below post:
Washington courts have long used writs of assistance to place purchasers at judicial sales in possession of the property they have purchased when a prior occupant refuses to vacate.? Marjorie Dick Rombauer, 27 Washington Practice, Creditors' Remedies ? 3.16 (2021); Debenture Corp. v. Warren, 9 Wn. 312, 314-15 (1894) (reversing denial of writ of assistance); Hagerman v. Heltzel, 21 Wn. 444, 445-46 (1899) (affirming grant of writ of assistance). Washington courts issue writs of assistance when they have jurisdiction over the purchaser, the party in possession, and the property at issue. Security Savings and Loan Assoc. v. Busch, 84 Wn.2d 52, 54 (1974) (affirming grant of writ of assistance). A writ of assistance is the appropriate process to issue from a court to place a execution sale purchaser in possession of the property as against parties who are bound by the judgment and who refuse to surrender possession. Terrell v. Allison, 88 U.S. 289, 291 (1874)). "It would be destru!
ctive of the due administration of justice if any court having custody of the res and authority to sell it should be without jurisdiction to put the purchaser in possession."? In re Benson-Beckmann Paint Co., 36 F.2d 580, 580 (5th Cir. 1929).
Rod Harmon
RODNEY T. HARMON
? ? ? Attorney at Law
? ? ? ? P.O. Box 1066
? ? ? Bothell, WA? 98041
? ? Tel:? (425) 402-7800
? ? Fax:? (425) 458-9096
? ? www.rodharmon.com<http://www.rodharmon.com/>
? rodharmon at msn.com<mailto:rodharmon at msn.com>
From: Rod Harmon
Sent: Tuesday, December 19, 2023 10:56 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: RE: Writ of Assistance vs Writ of Restitution?
I have always used a writ of assistance to gain possession after the expiration of the redemption period after a judicial execution or foreclosure sale, and a writ of restitution in a landlord - tenant situation..
Rod Harmon
RODNEY T. HARMON
? ? ? Attorney at Law
? ? ? ? P.O. Box 1066
? ? ? Bothell, WA? 98041
? ? Tel:? (425) 402-7800
? ? Fax:? (425) 458-9096
? ? www.rodharmon.com<http://www.rodharmon.com/>
? rodharmon at msn.com<mailto:rodharmon at msn.com>
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Eric Nelsen
Sent: Tuesday, December 19, 2023 4:06 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Writ of Assistance vs Writ of Restitution?
Is there a legal or practical difference between a "writ of assistance" to recover possession of real property, and a "writ of restitution" to recover possession of real property? The tenancy statutes refer to writ of restitution, many old cases refer to writ of assistance, and I've seen both in use but it's not clear to me if the sheriff cares which one is used.
Sincerely,
Eric
Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>
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Message: 9
Date: Wed, 20 Dec 2023 15:13:48 +0000
From: Patrick McDonald <pmcdonald at podymcdonaldlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Writ of Assistance vs Writ of Restitution?
Message-ID:
??? <MW3PR13MB39303AF606240B7914762EFDBD96A at MW3PR13MB3930.namprd13.prod.outlook.com>
???
Content-Type: text/plain; charset="iso-8859-1"
My experience has been consistent with what Rob is saying. Writs of assistance issue following a judicial foreclosure or some other action to gain possession of real property with the exception of unlawful detainers, in which writs of restitution are issued. The content of both writs seem to be substantially similar.
Patrick McDonald
???????????___________________________
Pody & McDonald, PLLC
1000 Second Avenue, Ste. 1605
Seattle, WA 98104
T: 206-467-1559
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rod Harmon
Sent: Tuesday, December 19, 2023 11:01 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Writ of Assistance vs Writ of Restitution?
I meant to include the following in my below post:
Washington courts have long used writs of assistance to place purchasers at judicial sales in possession of the property they have purchased when a prior occupant refuses to vacate.? Marjorie Dick Rombauer, 27 Washington Practice, Creditors' Remedies ? 3.16 (2021); Debenture Corp. v. Warren, 9 Wn. 312, 314-15 (1894) (reversing denial of writ of assistance); Hagerman v. Heltzel, 21 Wn. 444, 445-46 (1899) (affirming grant of writ of assistance). Washington courts issue writs of assistance when they have jurisdiction over the purchaser, the party in possession, and the property at issue. Security Savings and Loan Assoc. v. Busch, 84 Wn.2d 52, 54 (1974) (affirming grant of writ of assistance). A writ of assistance is the appropriate process to issue from a court to place a execution sale purchaser in possession of the property as against parties who are bound by the judgment and who refuse to surrender possession. Terrell v. Allison, 88 U.S. 289, 291 (1874)). "It would be destru!
ctive of the due administration of justice if any court having custody of the res and authority to sell it should be without jurisdiction to put the purchaser in possession."? In re Benson-Beckmann Paint Co., 36 F.2d 580, 580 (5th Cir. 1929).
Rod Harmon
RODNEY T. HARMON
? ? ? Attorney at Law
? ? ? ? P.O. Box 1066
? ? ? Bothell, WA? 98041
? ? Tel:? (425) 402-7800
? ? Fax:? (425) 458-9096
? ? www.rodharmon.com<http://www.rodharmon.com/>
? rodharmon at msn.com<mailto:rodharmon at msn.com>
From: Rod Harmon
Sent: Tuesday, December 19, 2023 10:56 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: RE: Writ of Assistance vs Writ of Restitution?
I have always used a writ of assistance to gain possession after the expiration of the redemption period after a judicial execution or foreclosure sale, and a writ of restitution in a landlord - tenant situation..
Rod Harmon
RODNEY T. HARMON
? ? ? Attorney at Law
? ? ? ? P.O. Box 1066
? ? ? Bothell, WA? 98041
? ? Tel:? (425) 402-7800
? ? Fax:? (425) 458-9096
? ? www.rodharmon.com<http://www.rodharmon.com/>
? rodharmon at msn.com<mailto:rodharmon at msn.com>
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Eric Nelsen
Sent: Tuesday, December 19, 2023 4:06 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Writ of Assistance vs Writ of Restitution?
Is there a legal or practical difference between a "writ of assistance" to recover possession of real property, and a "writ of restitution" to recover possession of real property? The tenancy statutes refer to writ of restitution, many old cases refer to writ of assistance, and I've seen both in use but it's not clear to me if the sheriff cares which one is used.
Sincerely,
Eric
Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>
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Message: 10
Date: Wed, 20 Dec 2023 17:15:15 +0000
From: Jenna Brozik <Jenna at prinzandbrozik.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] TIAA CREFF account just found
Message-ID:
??? <CO1PR15MB5113CD4A78FEB2613A510A9AC896A at CO1PR15MB5113.namprd15.prod.outlook.com>
???
Content-Type: text/plain; charset="us-ascii"
List mates,
I opened up a probate last year and closed it as the PR thought everything had been accounted for.? Everything was paid off and distributed that needed to be, so we thought.
Now the PR has found a TIAA CREFF account with $140,000 that did not have a beneficiary listed so she has a check written out to the Estate for $140,000.? My client, the PR,? is the only beneficiary of the estate.? Her financial planner has a bank account that is open that is an estate bank account that she can deposit the check into.
This was unexpected....any suggestions?
Thanks,
Jenna Brozik
Managing Attorney
PRINZ & BROZIK PLLC
445 S. Grand Avenue
Pullman, WA 99163
509-338-0908 Telephone
509-338-3527 Facsimile
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Message: 11
Date: Wed, 20 Dec 2023 19:17:30 +0000
From: Claudia A Gowan <claudia at cagowanlaw.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>, WSBA
??? Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBARP] Perfecting custodial real estate interest at 18
Message-ID:
??? <BY3PR13MB4849DD2C2BA0D310A5A930DACA96A at BY3PR13MB4849.namprd13.prod.outlook.com>
???
Content-Type: text/plain; charset="us-ascii"
Colleagues:
When an interest in real estate is transferred via WUTMA and the minor turns 18, is it necessary to take any step to enter a record of attainment of majority at the Recorder's office?
Looking at the statutes, I am not seeing anything required. Common sense tells me that if the property were sold later, all that would be necessary is to show escrow proof of age.
But, maybe I am all wet...
Thanks, Claudia
Claudia A. Gowan
Claudia A. Gowan, PLLC
2212 Queen Anne Avenue No., # 338 (Mailing only)
Seattle, WA 98109
(206) 443-2733 (T)
claudia at cagowanlaw.com<mailto:claudia at cagowanlaw.com>
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***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.***
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp
End of WSBARP Digest, Vol 111, Issue 22
***************************************
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***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.***
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp
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