[WSBARP] WSBARP Digest, Vol 105, Issue 35
Stephen Whitehouse
swhite8893 at aol.com
Thu Jun 29 15:14:28 PDT 2023
Nestor, Thanks for the link.
Mark, Thanks for the humor.
All, While we have some idea of what a court in Washington might do, after having practiced for almost 48 years, I think our present courts, from top to bottom, are the most unpredictable in my career. I also think there is a great distinction between someone dying a natural death in a house versus the other extreme, a brutal murder. The former happens all the time. The latter does not. The owner of the apartment in Moscow, Idaho where the killings took place several months ago, is tearing it down. I think that is reflective of the impact of that type of event on a prospective buyer or renter. I would think that at some point there could well be an extreme case in Washington that gets up to the Court of Appeals. So while we might consider what we currently can view as to the state of the law, in advising a client, the issue may not be whether or not a client might prevail, but whether or not the client is going to be exposing him/her self to several years worth of litigation at who knows what cost. And if there is nondisclosure, the initial reaction to the case is that you have a client who is not particularly honest.
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave. Shelton, Wa. 98584360-426-5885swhite8893 at aol.com
On Thursday, June 29, 2023 at 12:00:17 PM PDT, wsbarp-request at lists.wsbarppt.com <wsbarp-request at lists.wsbarppt.com> wrote:
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Today's Topics:
1. Re: Suicide disclosure (Mark McClure)
2. Name changes (Chris B)
3. Re: Name changes (Mark Anderson)
4. Re: Name changes (Adrienne Keith Wills)
5. Re: Name changes (John McCrady)
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Message: 1
Date: Wed, 28 Jun 2023 19:15:56 -0700
From: Mark McClure <mark at mcclurelawgroup.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Suicide disclosure
Message-ID: <5b503fe4a5dc1e5915985ef9993adddf at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
That is a great link, thank you Nestor!
I own a 1914 home, a 1938 home, a 1935 home, and a 1949 home. I am pretty
sure that I have ghosts in one or more of them. :D
*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
Email: Mark at McClureLawGroup.com
*Notice of Unavailability:* * TBD *
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*From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Nestor Gorfinkel
*Sent:* Friday, June 23, 2023 1:55 PM
*To:* WSBA Real Property Listserv
*Subject:* Re: [WSBARP] Suicide disclosure
I would not rely as authoritative, but a good place to start how other
states treat this issue.
https://www.apartmenttherapy.com/died-in-your-house-36833831
Cordially,
Nestor Gorfinkel, Attorney at Law
Licensed in Florida & Washington State
Florida Civil-Law (International) Notary
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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *samuel at meylerlegal.com
*Sent:* Friday, June 23, 2023 2:59 PM
*To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] Suicide disclosure
Hi Craig,
Last I checked, there is no Washington case on the issue and the RCW does
not expressly require that a seller disclose any sort of death, but one of
the last questions on the seller disclosure statement is, ?Are there any
other existing material defects affecting the property that a prospective
buyer should know about?? This is usually where the concern about
disclosure arises, but I personally do not see how death could be
considered a ?material defect.?
I have advised clients in the past that, whether a death in the residence
is a ?material defect? is an issue that Washington courts have not ruled
on. The legislature has determined that ?murder, suicide or other death?
are not ?material facts? that a real estate broker would be required to
disclose to a party. RCW 18.86.010(9). Some other states have ruled on
this issue. While it is not binding here, *Milliken v Jacono*, et al. out
of Pennsylvania considered whether a murder-suicide in a home was a
?material defect? requiring disclosure based on a similar seller disclosure
form to our Form 17. Pennsylvania?s Supreme Court ruled that it was not a
?material defect? and that, ?psychological stigmas are not material defects
of property that sellers must disclose to buyers.? Non-binding, but worth
considering.
If the seller is specifically asked whether there has been a death or
suicide in the home, that is obviously a different story.
Sam
*Samuel M. Meyler*
*Meyler Legal, PLLC *
1700 Westlake Ave. N., Ste. 200
Seattle, Washington 98109
*Tel:* 206.876.7770
*Fax:* 206.876.7771
*Email:* samuel at meylerlegal.com
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Thank you.
*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Craig Gourley
*Sent:* Friday, June 23, 2023 11:32 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* [WSBARP] Suicide disclosure
Listmates, does anyone know what the seller?s disclosure requirement ( if
any) is when someone has committed suicide in a home? Thanks, Craig
*GOURLEY LAW GROUP*
*THE EXCHANGE CONNECTION*
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Message: 2
Date: Thu, 29 Jun 2023 12:30:00 +0000
From: Chris B <chrisb at firstavenuelaw.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Name changes
Message-ID: <F686EF9F-794A-4E95-A32E-C58AF007F13B at firstavenuelaw.com>
Content-Type: text/plain; charset="utf-8"
I have some clients that want to do name changes. Specifically, from Americanized names to original foreign names (like changing Christopher to Christoforos).
I am just helping them as a courtesy and don?t intend to charge anything. Has anyone does this recently? Anyone have any pleadings and/or thoughts on procedure?
I remember doing something similar around 30 years ago, but it is lost through the sands of time.
Christopher T. Benis
Sent from my iPad
------------------------------
Message: 3
Date: Thu, 29 Jun 2023 16:08:38 +0000
From: Mark Anderson <marka at mbaesq.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Name changes
Message-ID:
<MW2PR12MB237963BC634CF096C8E26B20C825A at MW2PR12MB2379.namprd12.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
Depending on the county, they may have forms available on their website. I, too, have some forms from the distant past but I'm not sure if they still work.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St Ste 209 PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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) 327-1750 that you have received the message in error, and then delete it. Thank you.
-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Chris B
Sent: 06/29/2023 5:30 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Name changes
I have some clients that want to do name changes. Specifically, from Americanized names to original foreign names (like changing Christopher to Christoforos).
I am just helping them as a courtesy and don?t intend to charge anything. Has anyone does this recently? Anyone have any pleadings and/or thoughts on procedure?
I remember doing something similar around 30 years ago, but it is lost through the sands of time.
Christopher T. Benis
Sent from my iPad
***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: 4
Date: Thu, 29 Jun 2023 16:26:23 +0000
From: Adrienne Keith Wills <akwills at willslawfirm.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Name changes
Message-ID:
<MWHPR0101MB3038DE619FE7388CAE495A7DD525A at MWHPR0101MB3038.prod.exchangelabs.com>
Content-Type: text/plain; charset="windows-1252"
In King County, you can go through district court and it?s my understanding that they?ve set it up to be fairly user-friendly. See https://kingcounty.gov/courts/district-court/name-changes.aspx
Best, Adrienne
--
Adrienne Keith Wills, Attorney/Mediator
Wills Law Firm Inc. | www.WillsLawFirm.com<http://www.willslawfirm.com/>
1700 7th Ave #2100 | Seattle, WA 98101
Client Meetings are by appointment only.
Voice & text: (206) 523-3047 | Fax: (206) 219-6714
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Mark Anderson <marka at mbaesq.com>
Date: Thursday, June 29, 2023 at 9:21 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Name changes
Depending on the county, they may have forms available on their website. I, too, have some forms from the distant past but I'm not sure if they still work.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St Ste 209 PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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) 327-1750 that you have received the message in error, and then delete it. Thank you.
-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Chris B
Sent: 06/29/2023 5:30 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Name changes
I have some clients that want to do name changes. Specifically, from Americanized names to original foreign names (like changing Christopher to Christoforos).
I am just helping them as a courtesy and don?t intend to charge anything. Has anyone does this recently? Anyone have any pleadings and/or thoughts on procedure?
I remember doing something similar around 30 years ago, but it is lost through the sands of time.
Christopher T. Benis
Sent from my iPad
***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: 5
Date: Thu, 29 Jun 2023 16:55:15 +0000
From: John McCrady <j.mccrady at pstitle.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Name changes
Message-ID:
<SJ0PR19MB48288CA22CC549423F4A9A71F125A at SJ0PR19MB4828.namprd19.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
Here is the link for pierce county name changes Name Change Forms & Resources | Pierce County, WA - Official Website (piercecountywa.gov)<https://www.piercecountywa.gov/863/Name-Change-Forms-Resources>
I would think most counties would have a similar site.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Thursday, June 29, 2023 9:09 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Name changes
Depending on the county, they may have forms available on their website. I, too, have some forms from the distant past but I'm not sure if they still work.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St Ste 209 PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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) 327-1750 that you have received the message in error, and then delete it. Thank you.
-----Original Message-----
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 Chris B
Sent: 06/29/2023 5:30 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Name changes
I have some clients that want to do name changes. Specifically, from Americanized names to original foreign names (like changing Christopher to Christoforos).
I am just helping them as a courtesy and don?t intend to charge anything. Has anyone does this recently? Anyone have any pleadings and/or thoughts on procedure?
I remember doing something similar around 30 years ago, but it is lost through the sands of time.
Christopher T. Benis
Sent from my iPad
***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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End of WSBARP Digest, Vol 105, Issue 35
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