Have you ever wondered what happens to your Facebook, Twitter, or email account–or any online account for that matter–when you die? As this AP article explains, states are beginning to pass laws that grant family members access to their loved one’s online …accounts at death. Is this what you would want? You may, so your family can obtain your sentimental photos, videos, emails, posts, etc. Or you may want no part of it – valuing privacy over access. The best option is to clearly clarify your intent in a “digital assets” provision in your will. If you do not have a will, or if it has been a while since you reviewed your will, feel free to call us at 425-822-1511.
Click on the above link for a summary of Washington case law from 2013 through April 2014 on topics such as residential and commercial foreclosures, condominium and homeowner associations, construction disputes, easements, adverse possession, residential and commercial landlord-tenant disputes, title insurance, and various other real estate related topics. If you have any questions about these or other legal issues, please do not hesitate to call Zeno Bakalian at 425-822-1511.
Have you ever wondered what your liability exposure is based on environmental concerns related to your land? Or how about the purchase and sale of potentially contaminated land? The above link leads to a document authored by experienced environmental law attorney Allan Bakalian that addresses these and other questions. The document identifies the pertinent laws and the environmental liability risks faced by owners, buyers and sellers of real estate. It also contains useful tips. If you own property with environmental issues, or are considering buying or selling such a property, do not hesitate to contact Mr. Bakalian by phone at 425-822-1511 x224, or by email at email@example.com.
In Washington, the Department of Ecology regulates compliance with stormwater laws. Federally, the U.S. Environmental Protection Agency is the regulatory body. The above link leads to a document authored by attorney Allan Bakalian, which contains examples of DOE and EPA enforcement actions and helpful tips for avoiding liability.
As a follow-up to the previous post, the above link takes you to a document authored by environmental law attorney Allan Bakalian that identifies emerging SEPA issues and discusses court cases that address those issues.
SEPA was adopted to ensure the government takes the environment into consideration during the decision-making process. SEPA is codified at Chapter 43.21C of the Revised Code of Washington (RCW). The Washington State Department of Ecology adopted administrative rules that supplement the RCW. Those rules are found at Chapter 197-11 of the Washington Administrative Code (WAC). If you click the above link you will find an overview of SEPA prepared by Allan Bakalian, a partner at Zeno Bakalian P.S. Mr. Bakalian has over twenty five years of experience in all aspects of environmental law, including SEPA matters.
In Peyton Building LLC v. Niko’s Gourmet, Inc., 2014 WL 1632243 (Wn.App. Div. 3, April 2014), a building was originally owned by a Corporation. In 2002 the Corporation entered into a 10 year lease with a Restaurant. The Restaurant’s Owner guaranteed the lease. A LLC later acquired Corporation but, as part of that acquisition, did not obtain an assignment of the lease or the guarantee. In 2011 Restaurant defaulted and vacated the rental premises. LLC sued Restaurant and its Owner to collect the unpaid rent. The trial court ruled in LLC’s favor against both the Restaurant and its Owner, awarding LLC a judgment for roughly $100,000. On appeal, the court considered whether LLC could enforce the lease against Restaurant and the guarantee against Restaurant’s Owner considering the LLC did not obtain an assignment of either contract. The court of appeals upheld the judgment against the Restaurant because the lease “touched and concerned” the land (e.g., payments under the lease were sufficiently connected to the use of the premises), but overturned the judgment against the Restaurant Owner because his the guarantee was not sufficiently related to the use of the rented space. Take-away: Always get an assignment of the lease and guarantee.