A recent Tax Court case, Estate of Olsen v. Comm’r, T.C. Memo 2014-58, demonstrates the importance of proper trust funding after the first spouse’s death. In Olsen, a married couple established two revocable trust agreements during their lives as their…
Read MoreWe are all familiar with franchises to some degree or another. If you don’t think you are familiar, just drive down a main street in any town, and you will surely encounter a franchised business at some point. Because franchises…
Read MoreRecreational sports, such as skiing, scuba diving and basketball can be a lot of fun but are not without their injury risks. Businesses involved in such sports can limit their liability by having participants sign a waiver, but should be aware…
Read MoreThe Washington State Court of Appeals, Division 1, recently clarified the time limit for a creditor of an estate to file a lawsuit against a personal representative who has rejected the creditor’s claim. In re Estate of Stover, involved an…
Read MoreThe Division I Court of Appeals recently split with Division II and held that a lender retains the right to pursue a deficiency action against commercial guarantors after nonjudicially foreclosing on deeds of trust securing the underlying loans. Washington Fed.…
Read MoreThe Certified Professional Guardian Board, a program run by the Washington state court system which governs certified professional guardians in Washington, has revised its standards for “meaningful in-person contact” with the incapacitated person. These changes were made following the Washington…
Read MoreSome of the many great things about life in Washington State are its spectacular mountains, expansive forests, abundant lakes and the recreational activities they afford. In recognition of Washingtonian’s enthusiasm for outdoor life, the Washington State Legislature enacted the recreational…
Read MoreWhen tenants rent space in a multi-unit commercial complex, they often demand protection from competition within their real property leases through noncompete provisions. The risk is that the landlord will lease another unit within the same commercial complex to a…
Read MoreAs a recent Washington Supreme Court case illustrated, failure to obtain a restraining order prior to a non-judicial foreclosure sale may prevent a borrower from being able to challenge the sale. Further, if a loan is for commercial purposes or…
Read MoreThe Division II Court of Appeals recently decided that the Washington Deeds of Trust Act prohibited a lender from obtaining a deficiency judgment against a commercial guarantor where the guaranty was secured by nonjudicially foreclosed deeds of trust. First-Citizens Bank…
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