Law Commentary

What is a Transfer on Death Deed (TOD Deed) and How Do Work in Washington State

A transfer on death (TOD) deed is a legal document that allows property owners in Washington state to transfer ownership of their property to one or more beneficiaries upon their death, without the need for probate court proceedings. This type of deed is a useful tool for estate planning, as it allows property owners to ensure that their property will pass to their chosen beneficiaries in a timely and cost-effective manner.

When a TOD deed is executed, the property owner retains full control over the property and can sell, mortgage, or otherwise dispose of it during their lifetime. However, when the property owner dies, the property automatically transfers to the beneficiaries named in the deed, without the need for court approval or the involvement of an executor or administrator.

A TOD deed can have multiple beneficiaries, this means that a property owner can name more than one person to receive their property upon death. The owner can name beneficiaries and specify the percentage of the property each one will receive. This can be useful if the property owner wants to leave different percentages of their property to different beneficiaries or if the property owner wants to leave their property to multiple beneficiaries.

It is important to note that, the beneficiaries named in the TOD deed have no rights to the property until the death of the property owner, also, it does not affect the rights of the property owner or the beneficiaries during the owner's lifetime.

A TOD deed can be executed in Washington State by completing the form provided by the county auditor and recording it with the county auditor’s office. It's also important to consult a lawyer before proceeding with the execution of TOD Deed. The TOD deed must be signed by the property owner in front of a notary public and should also include a legal description of the property.

Continue reading

How to Take Advantage of the IRS Back Tax Forgiveness Program or Offer in Compromise (OIC)

The IRS offers several programs to help taxpayers resolve unpaid back taxes and get back on track with their tax obligations. One of the most popular of these programs is the IRS back tax forgiveness program, also known as the Offer in Compromise (OIC) program. In this blog post, we will explain what the IRS back tax forgiveness program is, who is eligible for it, and how to apply for it.

An Offer in Compromise (OIC) is an agreement between a taxpayer and the IRS that settles the taxpayer's tax liability for less than the full amount owed. The purpose of the OIC program is to give taxpayers who are unable to pay their taxes in full the opportunity to resolve their tax debt and become compliant with their tax obligations. The OIC program is considered a last resort after all other payment options have been exhausted or aren’t feasible.

To be eligible for an OIC, taxpayers must first be compliant with all of their filing and payment requirements. This means that they must have filed all required tax returns and made all required estimated tax payments for the current year. Additionally, they must be current with their federal tax deposits, if they are a business owner, and have made all required estimated tax payments.

The IRS will consider several factors when determining a taxpayer's eligibility for an OIC, including their ability to pay, their income, their expenses, and the value of their assets. Generally, taxpayers who can demonstrate that they do not have the financial means to pay their tax debt in full and that an OIC is their best option for resolving their tax debt will be considered for the program.

To apply for an OIC, taxpayers must complete and submit Form 656, Offer in Compromise, along with a non-refundable application fee and an initial payment, called a "proposal." The application fee is $205, or it may be waived for low-income taxpayers. The proposal is a percentage of the total amount owed and is based on how much the taxpayer can pay at the time of the offer, and how they intend to pay the remainder of the offer.

Continue reading

What Does a Tax Attorney Do to Help Clients Get Tax Debt Relief

A tax controversy attorney is a legal professional who specializes in helping clients navigate the complex world of tax law and resolve disputes with the IRS. If you find yourself facing a significant tax debt, hiring a tax controversy attorney can be a wise move to help you get tax debt relief. In this blog post, we will explain what a tax controversy attorney does and how they can help you get tax debt relief.

One of the primary responsibilities of a tax controversy attorney is to help clients understand and comply with their tax obligations. This can include providing guidance on tax planning, helping clients understand the tax implications of business or personal transactions, and assisting with tax return preparation. If a client is facing a tax audit or other investigation by the IRS, a tax controversy attorney can help them navigate the process and negotiate with the IRS on their behalf.

In addition to helping clients understand and comply with their tax obligations, a tax controversy attorney can also help clients resolve disputes with the IRS. If a client has received a notice of deficiency or is facing an enforcement action such as a levy or lien, a tax controversy attorney can help them contest the IRS's determination and negotiate a resolution. This may involve appealing the determination to a higher level within the IRS or to the United States Tax Court.

When it comes to resolving disputes with the IRS, a tax controversy attorney can help clients explore a wide range of options to get tax debt relief. For example, if a client is facing a significant tax debt, the attorney may be able to negotiate a payment plan or an offer in compromise to settle the debt for less than the full amount owed. If a client is unable to pay the full amount of their tax debt, the attorney may be able to help them qualify for Currently Non Collectible status, which allows them to temporarily postpone collection of the debt.

Another important role of a tax controversy attorney is to help clients understand the appeals process and represent them at administrative appeals. This includes preparing written and oral arguments, managing the discovery process, and representing clients at appeal hearings, mediation, and other proceedings. A Tax attorney also help with understanding your rights as a taxpayer, in regards to what the IRS can and cannot do.

Continue reading

Using a Quit Claim Deed to Transfer Property Ownership in King County, WA

Transferring property ownership in King County, Washington using a quit claim deed is a relatively straightforward process, but it's important to understand the implications of using this type of deed before proceeding. In this blog post, we will explain what a quit claim deed is, the steps involved in transferring property ownership using a quit claim deed, and the potential risks and benefits of using this type of deed.

A quit claim deed is a legal document used to transfer ownership of a property from one person to another. Unlike a warranty deed, which guarantees that the person transferring the property (the grantor) holds a valid title to the property and will defend against any claims to the title, a quit claim deed makes no such guarantees. Instead, it simply transfers whatever interest the grantor has in the property to the person receiving the property (the grantee).

The process for transferring property ownership using a quit claim deed begins with the grantor signing the quit claim deed in front of a notary public. The grantor must also provide a legal description of the property, which can typically be found on the property's previous deeds or by consulting a property survey. After the grantor has signed the quit claim deed, it must be filed with the King County Recorder's Office, along with any applicable filing fees. Once the quit claim deed is filed and recorded, the ownership of the property will be transferred to the grantee.

There are potential benefits to using a quit claim deed when transferring property ownership. For example, if the grantor is uncertain of their ownership rights to the property, a quit claim deed can be used to avoid any potential legal disputes over the title. Additionally, since a quit claim deed does not make any guarantees about the property's title, it may be a useful option in situations where the grantor is unable to obtain a clear title.

However, there are also significant risks associated with using a quit claim deed. For example, if the grantor does not actually have a valid title to the property, the grantee may not be able to assert their ownership rights if a third party claims an interest in the property. Additionally, if the grantor is aware of any outstanding liens or encumbrances on the property, they may be required to disclose these to the grantee, but quit claim deed does not guarantees that. This can cause issues for the grantee if they later try to sell the property or secure financing for it.

Continue reading

General Overview of the Probate Process in Washington State

The probate process in Washington State is a legal process that is used to transfer the assets of a deceased person to their heirs or beneficiaries. The process is supervised by a court, and typically involves a number of steps that must be followed in order to ensure that the deceased person's assets are distributed in accordance with their will or, if they died without a will, in accordance with state law.

One of the first steps in the probate process is to open a probate case in the appropriate court. This typically involves filing a petition with the court, along with a copy of the deceased person's will (if they had one) and other required documentation. The court will then appoint a personal representative (also known as an executor) to oversee the probate process.

Once the probate case has been opened, the personal representative will begin the process of inventorying and valuing the deceased person's assets. This typically involves collecting and reviewing financial records, such as bank statements and investment accounts, and identifying any property that the deceased person owned.

After the assets have been inventoried and valued, the personal representative will then begin the process of paying off any outstanding debts that the deceased person may have had. This may include things like credit card debt, mortgages, and medical bills. The personal representative will also be responsible for filing any necessary tax returns and paying any taxes that may be owed.

Once all of the debts have been paid and the taxes have been taken care of, the personal representative can then begin the process of distributing the assets to the deceased person's heirs or beneficiaries. If the deceased person had a will, the assets will be distributed in accordance with the instructions in the will. If the deceased person died without a will, the assets will be distributed in accordance with state law.

Continue reading

Why Should You Hire an Experienced Immigration Lawyer for Naturalization or Citizenship

Navigating the complex and ever-changing landscape of U.S. immigration law can be challenging, and having the right guidance and representation is crucial. This is why hiring an experienced immigration lawyer is so important.

An immigration lawyer can provide expert guidance and representation in various areas of immigration law, including family-based immigration, employment-based immigration, and deportation defense. They can help you understand the legal requirements and procedures involved in filing for a visa or green card, and they can help you navigate the complex and often confusing rules and regulations that apply to foreign nationals seeking to enter or remain in the United States.

One of the main benefits of hiring an immigration lawyer is that they can help you avoid common mistakes that can delay or even prevent your application from being approved. For example, many people make errors on their visa or green card applications, such as providing incomplete or incorrect information, or not including required documents. An experienced immigration lawyer can review your application and ensure that it is complete and accurate, which can greatly increase your chances of success.

Another key benefit of hiring an immigration lawyer is that they can help you understand the different options available to you and guide you through the most appropriate path for your unique situation. For instance, if you have been arrested or have a criminal record, an immigration lawyer can help you understand how your past may affect your ability to obtain a visa or green card and what steps you can take to improve your chances of success.

An immigration lawyer can also be invaluable in case of an emergency. If you are facing a deportation hearing, an immigration lawyer can help you understand your rights and the legal process, and can represent you in court. They can also help you understand the laws and regulations that apply to your specific situation and can help you build a strong defense.

Continue reading

SCAM ALERT: Distraint Warrant from King County Tax Resolution Unit

SCAM - King County Tax Resolution Unit - Public Judgement Records - Distraint WarrantA client of ours has recently reached out to us concerning a letter they received in the mail from the "King County Tax Resolution Unit - Public Judgement Records" for a "Distraint Warrant" claiming that a warrant has been issued because of a tax debt that has not been paid in full.  It attempts to scare the recipient and elicit a response via phone call within 15 days of receiving the letter.

IT IS A SCAM!
Continue reading

What Do You Do When You Lose Your U.S. Green Card?

Losing your green card can be a frustrating and stressful experience, but it is important to remain calm and take the necessary steps to replace it as soon as possible. The green card, also known as the Permanent Resident Card, is an important document that allows you to live and work in the United States on a permanent basis. It is also evidence of your status as a lawful permanent resident of the United States.

If you have lost your green card, there are several steps you should take:

  1. Report the loss to the authorities. If you lose your green card while you are in the United States, you should report the loss to the authorities as soon as possible. This can help to protect you from identity theft and other fraudulent activity. You can report the loss of your green card to the local police department, the U.S. Citizenship and Immigration Services (USCIS), or the Department of State.
  2. Replace your green card. If you have lost your green card, you will need to replace it as soon as possible. To do this, you will need to file Form I-90, Application to Replace Permanent Resident Card. You can file this form online or by mail.
  3. Gather the necessary documents. In order to replace your green card, you will need to gather a few documents. These may include:
    • A government-issued photo identification, such as a driver's license or passport
    • Evidence of your permanent resident status, such as a copy of your original green card or a naturalization certificate
    • Evidence of your U.S. residence, such as a utility bill or lease agreement
    • Two passport-style photos
  4. Pay the required fee. There is a fee to file Form I-90 and replace your green card. The current fee is $540, but it is subject to change. You can pay the fee by credit card, debit card, check, or money order.
  5. Wait for processing. Once you have filed Form I-90 and submitted all of the required documents, you will need to wait for your application to be processed. Processing times may vary, so it is important to be patient. You can check the status of your application online using the receipt number provided to you when you filed the form.
  6. Attend an appointment. If your application is approved, you will be required to attend an appointment at a local USCIS office. At the appointment, you will be asked to provide biometric information, such as fingerprints and a photograph. You may also be asked to participate in an interview to confirm your identity and eligibility for a green card.
  7. Receive your new green card. If everything goes smoothly, you should receive your new green card in the mail within a few weeks of your appointment. Make sure to keep it in a safe place so you don't lose it again!

If you lose your green card while you are outside of the United States, the process for replacing it may be a bit more complicated. You will need to follow the steps outlined above, but you may also need to consult with the U.S. embassy or consulate in the country where you are located. They can provide you with guidance on how to replace your green card from abroad.

It is important to note that if you have lost your green card, you may not be able to travel outside of the United States until you have replaced it. If you do need to travel, you may be able to obtain a travel document known as a Transportation Letter. This letter will allow you to return to the United States, but it is not a replacement for a green card.

If you have lost your green card and are unable to replace it, it is important to act quickly to address the situation. Here are some steps you can take:

Continue reading

New Eviction Laws for King County, Washington in Response to COVID

Eviction laws in King County, Washington have recently undergone significant changes to protect tenants during the COVID-19 pandemic. These new laws are designed to prevent landlords from evicting tenants for non-payment of rent and to provide financial assistance to those who are struggling to pay their rent due to the economic impact of the pandemic.

One of the most significant changes to eviction laws in King County is the temporary ban on evictions for non-payment of rent. This ban, which went into effect on March 18th, 2020, prevents landlords from evicting tenants who are unable to pay their rent due to the economic impact of the pandemic. This ban applies to both commercial and residential tenants and will remain in effect until the governor's emergency proclamation ends or until December 31, 2021.

In addition to the eviction ban, King County has also established a COVID-19 Housing Assistance Program to provide financial assistance to tenants who are struggling to pay their rent. The program is designed to provide financial assistance to tenants who have experienced a loss of income due to the pandemic and is available to both commercial and residential tenants. To qualify for the program, tenants must meet certain income and eligibility requirements.

Another change in the eviction laws is the restriction on the landlord's ability to give notices to vacate. Landlords may only give notice to vacate a tenant for certain reasons, such as for non-payment of rent, for violation of the lease agreement or for causing damage to the property. Any other reasons for eviction are not allowed during the pandemic.

Additionally, the new law requires landlords to provide tenants with a written notice of their rights and resources under the eviction moratorium. This notice must be provided in English and any other language that is spoken by more than 5% of the tenants in the building, and must be provided in writing.

Continue reading

What Does an Immigration Attorney Do?

An immigration attorney is a legal professional who specializes in helping individuals navigate the complex and often confusing process of immigrating to a new country. They are responsible for providing guidance, advice, and representation to clients who are seeking to enter or remain in the United States, Canada, or another country.

The role of an immigration attorney begins with the initial consultation. During this meeting, the attorney will meet with the client to discuss their immigration goals and gather any relevant information and documentation. This information will be used to determine the best course of action for the client. Depending on the client's situation, the attorney may suggest a specific visa or immigration program that would be most suitable for them.

Once the attorney has determined the best course of action for the client, they will begin the process of preparing and filing the necessary paperwork. This can include applications for work visas, student visas, family visas, and other types of immigration benefits. The attorney will also be responsible for ensuring that all required documentation is included and that the application is completed correctly.

After the paperwork has been filed, the attorney will work closely with the client to provide guidance and support throughout the immigration process. This may include answering questions, providing updates on the status of the application, and representing the client at any interviews or hearings.

If the client's application is denied, the attorney may be able to appeal the decision or file for a motion to reconsider. They will also be able to provide guidance and representation for clients who are facing deportation proceedings.

Continue reading

Our law firm, attorneys & staff are client-focused & results driven.

Probate Attorney Serving Renton, Kent, Des Moines, Seattle, Bellevue, Tacoma

"Great to work with, staff is professional and quick to respond"

Caroline - Yelp
Probate Attorney Serving Renton, Kent, Des Moines, Seattle, Bellevue, Tacoma

"Great job, quick and easy, taken care of all in one visit"

Thien - Avvo
Probate Attorney Serving Renton, Kent, Des Moines, Seattle, Bellevue, Tacoma

"Great with probates, fully trust in her, communicates regularly"

Kim - Google

*stock photos used

Contact Information

Office Hours:
Mon - Fri: 10AM to 5PM
Sat, Sun: Closed

Phone:
(425) 998-7295

Fax:
(425) 420-2695

Email:
info@tnguyenlaw.com

Locations

Main Office:

1500 Benson Rd. S #203
Altitude Business Center
Renton, WA 98055

Observed Holidays

Jan 1 - New Years' Day
Jan 21 - Martin Luther King Day
May 28 - Memorial Day
Jul 4 - Independence Day
Sept 3 - Labor Day
Nov - Thanksgiving Day
Nov - Black Friday
Dec 24 - Christmas Eve
Dec 25 - Christmas Day
Dec 26 - Day after Christmas