Recent News

Disposing of Nonprobate Assets by Will

The Lawyers at Beresford Booth | 11/28/2022
The general rule is that the disposition of nonprobate assets is not governed by a will. The disposition is usually governed by the form of ownership, such as joint tenancy with right of survivorship, or a beneficiary designation in the document creating the asset, such as a transfer on death security account with a beneficiary… Read More

Unconscionability of Construction Warranties

Washington State Business & Real Estate Lawyer William O. Kessler | 11/3/2022
About a week ago, the Washington Supreme Court released an important opinion regarding construction warranties for new homes. See Tadych v. Noble Ridge Construction, 2022 WL 15027140 (Wash. 2022). The Court held that a contractual one-year time limit for a new home buyer to bring a construction defect suit was substantively unconscionable and, therefore, void… Read More

Is there a remedy for those defending against frivolous litigation?

Washington State Litigation Lawyer Babak Shamsi | 11/1/2022
While litigation can provide individuals and entities with the necessary mechanism to pursue valid and well-founded claims, some parties, unfortunately, use litigation to intimidate and frustrate others. Sometimes, litigants or their attorneys will use the court system towards these less honorable ends despite lacking a sound basis for their lawsuits. In these cases, the opposing… Read More

Real Estate Contracts – What Are They?

Washington State Real Estate Law Lawyer Andrew M. McKenzie | 11/1/2022
Most people when they hear the term “real estate contract” probably think of a purchase and sale agreement, but there are actually important distinctions, no matter how similar the two terms may sound. In the real estate contract, a purchase and sale agreement is a contract under which, in exchange for a purchase price paid… Read More

When is a Nonprobate Asset Not a Nonprobate Asset? Part 3

The Lawyers at Beresford Booth | 10/31/2022
In Part 1 of this series of articles on nonprobate assets (See here), I discussed the general definition of nonprobate assets under Washington’s probate and trust law. In Part 2 of this series (See here), I discussed the definition of nonprobate assets in the context of the dissolution or invalidation of a marriage or state… Read More