Salmon Creek Law Offices

Elder Law Vancouver Washington

For more information on Elder Law in Vanouver Washington Call Salmon Creek Law Office at (360)576-5322.

Animal law Vancouver Washington

If looking for Animal law in Vancouver Washington then call Salmon Creek Law at (360)576-5322.

Will Attorney Vancouver WA

Attorney Trent Kunz 360.576.5322   A Will is a document that allows you as testator, the person creating the will or who the will belongs to, to name an executor and a guardian for minor children and to direct who receives your assets when you die.  You can also create educational trusts and special needs trust in a will.

Call me today for a free consultation to see if a Will is right for you.

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Revocable Trust Vancouver WA Attorney

Attorney Trent Kunz  (360)576-5322   A revocable living trust is an estate planning tool, similar to a will, that allows one to designate where her property goes when she dies.  Unlike a will, the assets distributed under a trust are not subject to probate, thereby saving the trust estate thousands of dollars in probate fees.  Also, unlike a will, a trust is a private instrument and does not become public record.  What you have and who you are giving it to is personal information and it remains so with a trust.

Call me today to see if a trust is right for you.

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Probate Vancouver WA Attorney

Attorney Trent Kunz.  (360) 576-5322    Probate generally arises because of the need to transfer titled assets from the decedent’s name to the decedent’s heirs.   Titled assets with no co-owner or payable on death beneficiary are considered “probate assets” and generally require probate.  “Non-probate” assets have a surviving co-owner and/or a beneficiary designated.  Non-probate assets pass directly to the co-owner or named beneficiary at death without the necessity of probate.

If you need help determining whether or not you need to probate a loved-one’s estate, call me today for a free consultation.

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Elder Law in Amboy Washington

More information on Elder Law in Amboy Washington Call Salmon Creek Law at 360-576-5322

Elder Law in Barberton Washington

More information on Elder Law in Barberton Washington Call Salmon Creek Law at 360-576-5322

Tenant rights in Foreclosure, Denise Lukins, Vancouver, WA

Denise Lukins, Attorney, Salmon Creek Law Offices (360) 576-5322

Some of the big victims of the foreclosure mess have been tenants, who have dutifully paid their rent, and yet find themselves facing eviction when the home they are renting is foreclosed upon.  Imagine how distressing it would be to come home to find an eviction notice tacked on your door.  Both the Feds and the Washington State Legislature have addressed this issue recently.

The Feds passed the “Protecting Tenants at Foreclosure Act of 2009.”  In summary, this Act provides that a “bona fide” tenant (which generally means a tenant that is not a close family member of the owner; and who is renting under an arms length agreement at market rent) cannot be evicted prior to the end of the term specified in a written lease.  The exception is if the buyer at the foreclosure sale intends to reside in the property.  Then, the buyer must provide 90 days notice of eviction.  Tenants who are not occupying the property under a written lease must be provided no less than 90 days notice of eviction.  Of course, in all situations, the Tenant must comply with the terms of the lease, by paying rent and not committing waste on the property.   This law expires in 2012.

The State of Washington also revised its foreclosure statute to bolster residential tenant rights.  For starters, the trustee of a foreclosure sale is required to both post the property and mail to the “Resident of property subject to foreclosure sale” the following notice:

    “The foreclosure process has begun on this property, which may affect
your right to continue to live in this property. Ninety days or more
after the date of this notice, this property may be sold at foreclosure.
If you are renting this property, the new property owner may either give
you a new rental agreement or provide you with a sixty-day notice to
vacate the property. You may wish to contact a lawyer or your local legal
aid or housing counseling agency to discuss any rights that you may
have.”

 The new owner of the property must then provide 60 days notice to the tenant prior to any eviction, except in the case of waste or nuisance.  The Act does not specify whether a tenant can be evicted for nonpayment of rent, but I suspect that this is also allowable.  The new owner can elect to negotiate a new lease or a “cash for keys” deal. 

Obviously, the state law is less protective than the federal law, 60 days versus 90 days.  I would advise my clients that the federal law controls.  One interesting question is whether the federal law is an intrusion on the states’ traditional control of landlord/tenant matters.  Because both laws are due to sunset in 2012, it seems doubtful that anyone will bring a constitutional challenge.

This blog is for informational purposes only, and is not intended to serve as legal advice.  Should you have any further questions, or desire more information, please contact me at 576-5322.

Medical Malpractice in Vancouver Washington

For more information about Medical Malpractice in Vancouver Washington
call Salmon Creek Law Offices at (360)576-5322

Labor Law in Vancouver Washington

For more information on the Labor Law in Vancouver Washington call Salmon Creek Law Offices at (360)576-5322