Recent News

Adoption Tax Credit 2021

Washington State Adoption and Assisted Reproduction Group | 12/9/2020
The U.S. tax code presently allows adoptive families a tax related benefit for any and all qualifying costs and fees incurred in pursuing an adoption.   The IRS allows a fairly broad definition of allowed costs and fees such that in most cases, any and all fees and costs paid to an adoption agency, an… Read More

You Hold An Interest In An LLC, But Are You A Member?

Washington State Business and Real Estate Lawyer David C. Tingstad | 12/9/2020
You may have heard that “membership has its privileges.”  But what if a person has an interest in an LLC but is not a member?  In general, such a person is a “transferee” and holds only a “transferable interest.” Transferable Interest Defined Under RCW 25.15.006(20) a transferable interest “means a member’s or transferee’s right to… Read More

Thanksgiving Volunteering

the Lawyers at Beresford Booth | 12/8/2020
This Thanksgiving holiday, the staff and lawyers at Beresford Booth prepared Thanksgiving meals with Homage Senior Services to serve to older adults and individuals with disabilities throughout Snohomish County. Homage delivered hundreds of hot Thanksgiving meals to individuals on Thanksgiving Day, along with “refrigerator ready” leftovers for the day after. Homage did a wonderful job… Read More

A Tale Of Two Tails: Lingering Claims Under Statutory Warranty Deeds

Washington State Business and Real Estate Law, and Litigation Lawyer Andrew M. McKenzie | 12/2/2020
Not all deeds are created equal.  For example, in the case of a quit claim deed, the grantor makes no warranty that they even own the property being conveyed.  Rather, the grantor merely transfers whatever the transferor actually owns.  But in the case of a statutory warranty deed, the grantor makes certain promises which give… Read More

Just Because Oral Agreements Are Allowed, Does Not Mean You Should Use Them

Washington State Business and Real Estate Lawyer David C. Tingstad | 12/2/2020
In Washington, partnerships may be formed without a written agreement.  In 2016, Washington amended its LLC Act (RCW 25.15 et seq.) to allow oral LLC agreements. However, just because you can have oral partnership and LLC agreements does not mean you should—this is the lesson learned from the recent Washington Court of Appeals case, Samra… Read More

Durable Powers Of Attorney – Witness Attestation

The Lawyers at Beresford Booth | 11/30/2020
In my previous post, I discussed acknowledgment of a durable power of attorney by a notary public versus attestation before two or more competent witnesses.  In this post, I discuss the contents of an attestation by witnesses.  Under the Uniform Power of Attorney Act adopted by the state of Washington in 2016, RCW 11.125 (the… Read More

Derivative Actions And LLCs

Washington State Business and Real Estate Lawyer David C. Tingstad | 11/25/2020
This post keeps with the theme developed over the past couple weeks of derivative actions, this time in their application to limited liability companies. Interestingly, Washington’s Division Three Court of Appeals threw practitioners a “derivative action curveball” in the 2016 opinion Holman v. Brady, No. 33114-8-III, 2016 WL 4921457 (Wn. App. Sep. 13, 2016). This… Read More

Beresford Booth Welcomes New Lawyer Ryan J. P. Dyer

the Lawyers at Beresford Booth | 11/24/2020
Beresford Booth is pleased to announce Ryan Dyer has joined our family of lawyers at Beresford Booth. Ryan will work as an associate within our litigation team. Ryan earned his undergraduate degree at Central Washington University where he played football for the Wildcats before obtaining his law degree at Seattle University.  As a new member… Read More

Suing After Closing: Is My Claim Barred By The Merger Doctrine?

Washington State Business and Real Estate Law, and Litigation Lawyer Andrew M. McKenzie | 11/20/2020
In almost all instances, the sale of real property occurs pursuant to some written contract, typically a purchase and sale agreement.  The sale generally becomes complete when title to the property transfers to the buyer via a deed.  But what happens if, after consummation of the sale, one of the parties claims the contract was… Read More