Practice Areas

Everett A. Holum and Kim A. Hann offer legal representation and services in the following areas:

• Unlawful Detainer (Landlord representation only)
• Probate
• Estate Planning
• Real Estate Law

Please click on a practice area to learn more about it.

• Unlawful Detainer (Landlord representation only)
  
  To start an unlawful detainer action, we will need the following information:
  
  
  • A copy of the Rental Agreement and any amendments;
  • A copy of the Notice which was served;
  • The name of the legal owner of the property;
  • The tenant's social security number and date of birth, if you have it;
  • A fee in the amount of: $510.00- add $70.00 per additional adult tenant (This amount includes all fees and costs through default. Additional fees and costs are billed if there is a response from the tenant and a show cause hearing is required or if filing a motion for relief from stay.)
  
  Prices are subject to change.
  
  After we receive all of the information, we prepare the Summons and Complaint for Unlawful Detainer and then send them out for service to the tenant. When the process server serves the tenant he/she will write a response date on the front page of the Summons which is not less that seven (7) days and not more than thirty (30) days from the date of service, not including the date of service or legal holidays. We will call if there is a delay in the paperwork.
  
  The tenant has until close of business on the date indicated on the front page of the summons to respond in writing to the complaint. If for some reason we are unable to obtain personal service on the tenant, we will serve by posting and mailing. Service must be attempted four (3) times before we may obtain an order allowing posting and mailing of the Summons and Complaint.
  If the tenant does not respond within the time limit and we have not received a call advising tenants have moved, an order will be obtained from the court directing the Pierce County Sheriff to remove the tenants from the premises within ten (10) days. A judgment on behalf of the landlord will be granted (if service was personally obtained).
  
  If the tenant does respond by the date he/she is given, a show cause hearing must be set at least ten (10) days in the future.
  
  AFTER THE PROCEDURE HAS BEEN INITIATED, DO NOT ACCEPT ANY MONEY WITHOUT CHECKING WITH OUR OFFICE FIRST. IF YOU DECIDE TO ACCEPT MONEY, PLEASE MAKE SURE TO COLLECT ATTORNEY FEES AND CALL US IMMEDIATELY TO STOP THE PROCEDURES.
  
  After the Judgment and Writ of Restitution are issued, a copy of the judgment and writ of restitution will be mailed to you along with your statement. The Pierce County Sheriff will serve the Writ of Restitution, giving the tenant at lease three (3) working days to vacate. On your copy of the writ, it will state the day you need to call the sheriff to schedule a physical eviction if the tenants have not moved out. In the event of a physical eviction, you must arrange for a group (at least four (4) persons) to be present to pack and move the tenants' possessions. The Sheriff will direct you where to put the tenants' belongings. In the event that the tenant is present during the physical eviction and objects to the storage of their belongings, you will place the items on public property. If the tenant is not present, you must store the items in a storage unit or in a place that is safe from the weather. If the items are valued under $50.00, you must send the tenant an abandonment notice stating you will store the items for seven (7) days and then dispose (personal items like family photos and personal papers must be stored for 45-days). If the items are valued at more than $50.00, you must send the tenant an abandonment notice stating you will store the items for forty-five (45) days.
  
  It is your responsibility to advise the attorney/legal assistant as soon as the tenant has paid the rent due, or has moved off the premises, so that we can let the Sheriff know that the Writ of Restitution can be returned. Please call to stop procedures.
  
  We proceed with the unlawful detainer on the assumption that the tenant has not moved unless we hear from you otherwise.
  
  
• Probate

  Probate is a court procedure in which a personal representative has the authority to pay debts and sell or distribute assets in accordance with the wishes outlined in the will or in accordance with the law.

  • Community Property Agreements: If you are married and you want all of your property transferred to your spouse upon your death, you can do so by recording a community property agreement with the Auditor for the county you reside in. Check with your CPA or attorney regarding tax consequences.
  • Financial Accounts: You can designate a beneficiary on most financial accounts so that your account does not need to be probated. Instead, the financial institution will automatically transfer your account upon receipt of your death certificate.
  • Real Estate: In Washington, any real estate you own must be probated. Your interest in the real estate you own must be transferred by an authorized individual - your personal representative. If you and your spouse own real estate together, it is not automatically transferred. It must be probated or transferred by recording your community property agreement.
  • Vehicles: In order to have your vehicles transferred, your personal representative may obtain forms from the Clerk of the court for the county you reside in or your heirs may obtain the appropriate information from the Auditor for the county you reside in.
  • Safe Deposit Box: It will help your personal representative and/or heirs if you keep a current list of all your assets and debts in a safe deposit box or other fireproof place.
  • Life Insurance: You may designate beneficiaries for your life insurance or you can designate your estate as beneficiary. If your estate is the beneficiary, then your life insurance would need to be probated if your estate is worth over $100,000.
  • Pets: It will help your personal representative if you keep the name, address, and phone number of your veterinarian and an emergency contact for your pet on your pet's identification tag.

  If you are a personal representative who needs assistance or you need to hire a personal representative, Everett A. Holum is affiliated with Washington Probate Services, Inc. ("WPS"), which is a probate company for estates probated in Washington State. WPS may assist or act as personal representative in cases where no one is available to serve in that capacity, in cases where the estate is in dispute or in personal injury cases where the defendant died prior to being served with a lawsuit.  For more information about the services WPS provides, click on WPS Services

• Estate Planning
  Estate Planning Form

Please review your estate planning documents to make sure they still do what you want. If you are unsure if your estate planning documents reflect your needs or if you would like to have your estate planning documents updated or to include another document, please Contact Us and we can discuss your estate planning needs.

Some reasons you may wish to update your estate planning documents or include other documents are:

• If you have a trust will which leaves your estate to your children and your children are now adults, you may not need a trust.
• If you do not have a will and you have minor children.
• You may save your estate from paying considerable taxes if you have the appropriate will. The Economic Growth and Tax Relief Reconciliation Act of 2001 has made profound changes to the estate planning and administrative process. Contact Us for more information.
• If you don't have a provision in your will authorizing you to hand write a list defining persons to whom you wish certain items of tangible personal property to pass, you may wish to revise your will. In 1985, the laws changed to allow you to make a separate writing so you do not have to revise your will if you change your mind about who you want to receive certain items of personal property.
• If you do not have a living will and you do not want artificially provided nutrition and hydration if you are in a terminal or unconscious state.
• If you are elderly and you do not have Durable Powers of Attorney, you may wish to include those documents as part of your estate planning. Should you become incompetent, the Durable Powers of Attorney may save your estate the cost and time of a formal guardianship.
• If you are married and your spouse died, you could avoid the probate of your deceased spouse's estate by executing a community property agreement.

Typical estate planning documents include:

• Last Will & Testament: Document used after your lifetime which you designate who you want to be your personal representative and how you wish your property to pass
• Living Will: Document used to inform your doctor if you do not want nutrition and hydration if you are diagnosed to be in a terminal or in a permanent unconscious condition.
• Durable Power of Attorney for Health Care: Document used during your lifetime to give a person you designate the authority either immediately or upon your incompetence to handle your health care needs.
• NEW Credit Card Sized Durable Power of Attorney for Health Care: You may obtain a condensed power of attorney containing language involving health care decisions. This is used when there is an emergency or when your power of attorney is not readily accessible.
• Durable Power of Attorney for Finances: Document used during your lifetime to give a person you designate the authority whether immediately or upon your incompetence to handle your financial needs.
• Community Property Agreement: Document used to transfer all property whether real or personal to the surviving spouse.
• Codicil: Document used to make a change to your will without having to execute another will.
• Living Trust: A document used during your lifetime to hold property in trust for the benefit of another.
• Pet trust: In Washington, your pet is considered personal property. You may include in your estate plan a provision for the care of your pet.

• Real Estate Law

  We represent both commercial clients and individuals in all proceedings and transactions that deal with real property-land and the structures attached to it-including purchase and sale, construction, mortgages and foreclosures, leases, zoning, title examinations, quiet title actions, closings, and management.

  Without the proper legal guidance, engaging in a real estate transaction can be frustrating, overwhelming and more costly than necessary. You want to make sure that your transaction is brought to a prompt and successful conclusion at a reasonable cost. We have a highly qualified and dedicated staff making each step of the process proceed without a hitch. When you retain Everett A. Holum and Kim A. Hann, you not only get the technical competence you require, you also get a firm with extensive experience in dealing with the human element in real estate transactions. We can resolve problems in a practical way.