Disgruntled would-be heirs frequently attack wills on the grounds of undue influence, particularly when wills contain provisions unfavorable to them.  The dispossessed heir might assume that the will must have been the product of undue influence because the unfavorable provision could not have been what the testator intended.  For example: “Surely, Dad would not have only left me his $5,000 car and given the house to my sister!  This had to be her undue influence over him!”

However, the mere fact that a would-be heir received less than what they thought they would get will...Read More

The economic and population growth throughout Washington State keeps builders, contractors, subcontractors and others involved in the construction industry very busy.  With that high demand, however, comes the added risk of mistakes and defects that may potentially lead to disputes and litigation.  Whether you are in the market for builders or in the industry itself, it is important to know the law and your rights when disputes arise.

A principal aspect of construction disputes in Washington State is whether the timeframe of the dispute aligns with the statute of limitations and repose.  Generally, under the statute...Read More

In Washington State, as with most states, LLC members hold certain rights deriving from statute as well as contract rights.  Most all of the rights identified in our LLC Act, RCW 25.15 (the “Act”) are subject to modification by agreement.  In the absences of an agreement to the contrary, members of LLCs, pursuant to the Act, are entitled to participate in the management of the LLC’s activities and may obtain access to the LLC’s records.  However, when a member transfers their membership interest to a non-member, this non-member, now considered a “transferee”, does not have the...Read More

Key amendments to Washington State’s Residential Landlord-Tenant Act (RCW 59.18, or the “Act”) will become law on July 27^th, 2019.  The new amendments expand protections for tenants while limiting landlords’ eviction options.  Additionally, the amendments expand judicial discretion in eviction hearings. Before, judges were strictly bound by the statute, but, after July 27^th, judges may consider circumstantial factors.

The amendments specifically alter several aspects of the Act:

• The landlord must provide 14 days-notice, instead of 3 days-notice, to the tenant to cure default regarding overdue rent;
• Any payment by tenants to landlords must first be...Read More

The Washington Court of Appeals recently issued a published decision in Sherman v. Pfizer et al., No. 50914-8-II, 2019 WL 1923583, -- P.3d -- (Wn. App. April 30, 2019), providing valuable guidance for attorneys litigating duty to warn cases under the Washington Product Liability Act (“WPLA”), RCW 7.72.  In Sherman, the plaintiff allegedly developed a serious degenerative nerve disease from prolonged use of a generic prescription medication manufactured by the defendants.  She argued that her injury was caused by the defendants’ failure to provide adequate warnings – either through updated package inserts or other means.  The...Read More

In Washington State, residential communities made up of single-family homes, townhouses, or apartment units frequently arrange themselves into associations to address the common interests and liabilities of the property owners.  These community associations often take the form of condominium associations (“CAs”) or homeowners associations (“HOAs”).  While the two are often named interchangeably, the differences between condominiums and other communities are significant.  It is thus crucial to understand not only the differences between them, but the distinctions between various condominiums as well.

A principal difference in Washington State between community organizations comes from the statutes that govern...Read More

What is Adverse Possession?

Adverse possession is a legal doctrine under which a person can establish real estate ownership through consistent use (i.e. possession) of someone else’s property.  To establish a claim of adverse possession, the claimant must prove that the claimant’s possession is:

(1) exclusive, meaning no other person has possessed the property for the extent the claim has existed;

(2) actual and uninterrupted, meaning there is no break in ownership of the specific property for the extent the claim has existed;

(3) open and notorious, meaning that possession is obvious; and

(4) “hostile,” not...Read More

The Washington state legislature has passed, and Governor Inslee is expected to soon sign into law, legislation that will significantly limit noncompete clauses in contracts between businesses, their employees and independent contractors.

Effective January 1, 2020, this new law will prohibit all noncompetition agreements for employees whose W-2 earnings are less than $100,000 annually, and for independent contractors paid less than $250,000 per year. The legislation states that those amounts will be adjusted annually for inflation, just one aspect of this law which could pose a headache for employers. Another headache might be created if an employee’s...Read More

If you are in a divorce process, you have to think outside the box when you consider division of your estate—your estate may be more than just homes, cars, investments, and retirement accounts. Think about the activities, vacations, and other benefits you’ve enjoyed together, and you may find there are additional items up for discussion. Some of the more uncommon assets requiring division include:

• Airline miles and Reward Points
• Cryptocurrency
• Venmo or Paypal accounts
• Pets (as they are considered property and, therefore, an asset)
• Gold/Silver/Other precious metals...Read More

In a marriage dissolution, individuals frequently ask what assets and debts are subject to the Court’s orders in a divorce.  All separate and community property is subject to division and distribution in a divorce.  As such, it is important to understand what is a spouse’s separate property versus what is the marital community property.  Courts must identify the marriage’s community property and each partner’s separate property in order to understand how to divide the assets upon divorce.  Below we discuss how courts define community and separate property, as well as the complexities involved with defining community...Read More