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ISSAQUAH LAW GROUP - PERSONAL INJURY LITIGATION LAWYERS

Issaquah Law Group - Personal Injury Litigation Attorneys

TRUST: Personal injuries are personal. Which is why the attorneys at ILG treat every client and every case differently. Because they are different, and extremely personal. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built on trust. Trust that you will be heard. Trust that you will be protected. Trust that every effort will be made to see justice done in your case. The singular goal of every ILG attorney is to earn and preserve that trust.

EXPERIENCE: ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals and we bring this experience to bear on behalf of our clients in personal injury and wrongful death claims arising out of motor vehicle accidents, bus versus pedestrian accidents, defective and dangerous products, medical malpractice, slip/trip and fall accidents, and catastrophic losses due to fire.

LOCATION: We are located on the Eastside in Issaquah, convenient to Bellevue, Redmond, Kirkland, Renton, Sammamish and North Bend. However, we provide legal services in King County, Pierce County, Snohomish County and throughout the entire state of Washington.

In addition, through The Amateur Law Professor Blog and LinkedIn postings, we share pertinent opinions and decisions of the Washington State Supreme Court, as well as the pertinent opinions and decisions of the Washington State Courts of Appeal so that our clients can be as update to date on cutting legal issues as we are.

WA Legal Roundup - Washington State Supreme Court

In re Estate of Borghi

A has C, a son from a previous marriage. A buys Blackacre. A married B. A deeds Blackacre jointly to A & B. A dies instestate. Under the rules of separate property, Blackacre is property acquired before marriage and passes by the rules of intestate succession. Under the rule of presumed joint gifting, Blackacre goes to B.

The court simply framed the question as whether the warranty deed to A & B converted the property to community property such that it would pass to B. The rule is that absent sufficient evidence of an intent to convert the nature of the property, it stays what it was on the date of acquisition. "While this could be accomplished through a quit claim deed or other real property transfer, a properly executed community property agreement may also effectuate a transfer of real property." Thus, simply including the name on the warranty deed, without further evidence of an intent to actually transfer the property to the community, doesn't suffice. "We have consistently refused to recognize any presumption arising from placing legal title in both spouses' names and instead adhered to the principle that the name on a deed or title does not determine the separate or community character of the property, or even provide much evidence."

Always have to look to the true intent of the parties. If the evidence of intent is scant, you will have a hard time overcoming a presumption.

Now, given this was a 4-1-4 opinion, the breakdown of the law will only hold to the extent that it was concurred with:

See above. She adopted the lead opinion reasoning and wrote only to say that there was no other evidence outside the name on the deed, so the court, under our states abstention principles, should not have even looked to the question of what kind of evidence would be sufficient.

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