Washington Recent Legal Answers from Lawyers

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Washington Recent Legal Answers from Lawyers
Page 12 of lawyers' answers to legal questions about Washington.

Recent Legal Answers

Is there a jury instruction that says as an element of criminal trespass?

Answered 8 years and 9 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
If found on private property and another crime has been committed, the prosecutor may charge your client with trespass.
If found on private property and another crime has been committed, the prosecutor may charge your client with trespass.

How much does it cost to draw up a will and a durable power of attorney?

Answered 8 years and 9 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
It depends on the complexity of the will and power of attorney. A basic will-will cost between $250 to $350. A power of attorney around $300.
It depends on the complexity of the will and power of attorney. A basic will-will cost between $250 to $350. A power of attorney around $300.

If a child is taken from the mother by her ex and he is not on the birth certificate, what should the mother do?

Answered 8 years and 9 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Call the police immediately. He has no legal right to the child.
Call the police immediately. He has no legal right to the child.

Are 401K's, IRA's, and Stocks exempt from bankruptcy liquidation?

Answered 8 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Money in tax exempt retirement, like a 401(k) or an IRA are exempt from bankruptcy liquidation. Stocks (unless they are in a tax exempt plan) are not exempt from liquidation.
Money in tax exempt retirement, like a 401(k) or an IRA are exempt from bankruptcy liquidation. Stocks (unless they are in a tax exempt plan) are not... Read More

If the father is no longer on child support and there is no parenting plan in place, am I able to move to other state?

Answered 8 years and 9 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If the father no longer has to pay support the child must be 18 or have graduated from high school. If either of those is the case, you can do what you want as the restrictions only apply where a child is concerned.
If the father no longer has to pay support the child must be 18 or have graduated from high school. If either of those is the case, you can do what... Read More

Can I help my son in court and speak on his behalf if he has a hard time understanding and processing information?

Answered 8 years and 9 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
No, you may not assist him. The court should be informed of his disability and they will get a court appointed aid.
No, you may not assist him. The court should be informed of his disability and they will get a court appointed aid.

If they can't find her to serve her before hers goes through against me, how will they decide who has to move out?

Answered 8 years and 9 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
The court docket will have a time and date stamp to show who filed first. A non-party to the Order must serve the other party. If you get served first, go to court to contest the action.
The court docket will have a time and date stamp to show who filed first. A non-party to the Order must serve the other party. If you get served... Read More

Can CPS take my baby based on a hearsay?

Answered 8 years and 9 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
CPS must investigate any time they get a report. The outcome of the investigation determines what they do.
CPS must investigate any time they get a report. The outcome of the investigation determines what they do.

Can my husband file for divorce and have it granted without me knowing?

Answered 8 years and 9 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
No. A divorce is a law suit. Once it is filed it must be served (given to you by someone other than your husband). You then can respond. Failure to serve will mean it is thrown out by the court after a period of time.
No. A divorce is a law suit. Once it is filed it must be served (given to you by someone other than your husband). You then can respond. Failure to... Read More

Who has power of attorney for my mom who has minimal assets but owns home with low rate mortgage?

Answered 8 years and 9 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Your mom, in writing, selects who she wishes to be her power of attorney. She would designate when the powers become effective and, what specific powers she is giving. The second part of your questions appears to be a probate question. Her mortgage goes away upon her death.
Your mom, in writing, selects who she wishes to be her power of attorney. She would designate when the powers become effective and, what specific... Read More

If my husband is incurring a great deal of debt, how can I keep from being responsible for his debts?

Answered 8 years and 9 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
As long as you are living together and married to each other you can be held responsible as this is a community property state. If you file for a legal separation or divorce you can be freed of any obligation as soon as a court gives you an order making each of you responsible for your own debts.... Read More
As long as you are living together and married to each other you can be held responsible as this is a community property state. If you file for a... Read More

What do I do and is small claim court available to help me for the damages in my car?

Answered 8 years and 9 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
If your claim will be under $5,000.00, small claims is the right venue. You may have to sue both parties and let them figure out how much each will pay on the judgment.
If your claim will be under $5,000.00, small claims is the right venue. You may have to sue both parties and let them figure out how much each will... Read More

If the testing does confirm I have cystic fibrosis, would I have a valid case for delaying treatment and diagnosis for so long?

Answered 8 years and 9 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You likely do not have a case that you could prevail. You would have to prove that your doctor did not provide the standard of care. You admit that your condition is rare. Further, you would have to prove that the delayed diagnosis made your condition worst.
You likely do not have a case that you could prevail. You would have to prove that your doctor did not provide the standard of care. You admit that... Read More

What happens to a fed tax lien, and a creditor lien that has been filed on a JT property?

Answered 8 years and 9 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If the liens have expired, the property is no longer burdened. The remaining JT may do as s/he wishes for the property.
If the liens have expired, the property is no longer burdened. The remaining JT may do as s/he wishes for the property.

How can I legally take over my elderly neighborโ€™s home and not lose the house when he dies?

Answered 8 years and 9 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
He can quit claim to you by setting up a TOD deed. Contact an estate planning attorney to draft his will to allow this.
He can quit claim to you by setting up a TOD deed. Contact an estate planning attorney to draft his will to allow this.

If someone told me to kill myself online what should I do? I took a picture of the message, can I file a case against them?

Answered 8 years and 9 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
There are no damages. You were not fearful for your life. No case to file.
There are no damages. You were not fearful for your life. No case to file.

Does my stepdad have any grounds to contest anything in my momโ€™s will in regards to my brothers company?

Answered 8 years and 9 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
No! The business is personal property and only your mother has rights to it. Thus, she may pass it on as she sees fit. Besides, it looks like he will be doing find without it.
No! The business is personal property and only your mother has rights to it. Thus, she may pass it on as she sees fit. Besides, it looks like he... Read More

Can I sue a drunk driver who hit my parked car?

Answered 8 years and 9 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Sorry, but no. You accepted payment from his insurance carrier releasing all future claims.
Sorry, but no. You accepted payment from his insurance carrier releasing all future claims.

Can I change my mind and do jail instead of work release for the original time stated?

Answered 8 years and 9 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
Have your attorney take to probation.
Have your attorney take to probation.

Would they still prosecute if someone I know is trying to get charges dropped?

Answered 8 years and 9 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
It depends upon the evidence they have and, more importantly, key evidence that does not require her cooperation. Meaning, they can still prosecute without her as a witness.
It depends upon the evidence they have and, more importantly, key evidence that does not require her cooperation. Meaning, they can still prosecute... Read More

If my son and his girlfriend were arrested for stealing a phone, his girlfriend did it, can he be charged for a crime she did?

Answered 8 years and 9 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
Yes, they generally charge all parties and rely on the parties to sort it out themselves. Meaning, she needs to step-up and say he was not knowledgeable that she had planed and di steal the phone.
Yes, they generally charge all parties and rely on the parties to sort it out themselves. Meaning, she needs to step-up and say he was not... Read More

How do I divorce a deported immigrant?

Answered 8 years and 9 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You file a divorce. Since you were young and he was deported, I assume you had nothing. If you can't find an address you have to get the court's permission to serve by publication and/or e-mail if you have an e-mail address. You will be granted a divorce.
You file a divorce. Since you were young and he was deported, I assume you had nothing. If you can't find an address you have to get the court's... Read More

If my ex-husband makes 3 times more than me, we have joint custody, I have remarried, and will his payment lower if he takes me to court?

Answered 8 years and 9 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You don't say payment for what. Child support is paid in proportion to your earnings. Even if you have a 50/50 parenting plan ( I assume that's what you mean by joint custody) he would have to pay a transfer payment given the disparity in incomes.
You don't say payment for what. Child support is paid in proportion to your earnings. Even if you have a 50/50 parenting plan ( I assume that's what... Read More

Can police find evidence on a warrant and not charge you or arrest you on the scene?

Answered 8 years and 10 months ago by Thomas Edward Gates (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Law
They are discussing the matter internally and with prosecutor on whether to proceed with charges. You actually could get a letter to appear at your arrangement, rather than being arrested.
They are discussing the matter internally and with prosecutor on whether to proceed with charges. You actually could get a letter to appear at your... Read More

What could my siblings do to me that would be legal?

Answered 8 years and 10 months ago by Helene Ellenbogen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
This is family nonsense that has little if any legal significance. I assume your daughter is an adult. If she has a serious criminal record or something like that and the siblings are worried about your mother's safety, they can call adult protective services. Since you didn't say why there is such an issue about your daughter, it's difficult to give advice. Don't promise things you don't intend to keep and don't sign things if you don't know what significance it might have.... Read More
This is family nonsense that has little if any legal significance. I assume your daughter is an adult. If she has a serious criminal record or... Read More