Washington Recent Legal Answers from Lawyers

While you can change the deed without drafting a Will (and a recorded deed trumps a Will and), you must check the terms of the loan agreement to make sure that the lender cannot foreclose on the home until both of you have left it for a certain period of time.  You should also consult with an elder law attorney.  While in some states Medicaid will not foreclose on the home (to recover the costs of nursing home care) while a surviving spouse lives in it, you are not spouses.  You can find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org). ... Read More

If your son is a US citizen his new bride can file to adjust her status to obtain a green card. The process can take a year or longer and many forms and documents need to be filed. Consider working with an attorney to represent them from start to finish. Some of us charge a very affordable flat fee. Counsel anywhere in the USA can represent them. ... Read More

That depends.  When someone advertises a price they generally have to honor it once it has been accepted, but not when the price is an obvious mistake.  I don't know what the value of the truck would be on the open market, but if it is obvious that $3,600 was way below value (which it would be if the truck is really worth over $30,000), the seller would not be bound by it.,... Read More

The most important question would be if you have been gainfully employed full time in the past 5 years.  If not, this could be an issue and you may no longer be eleigibel to apply for SSDI.  You would want to find out if you have enough work credits to apply again.  You can access www.SSA.GOV or find an attorney that can assist in the process.   Sincerely, Scott F. Bocchio, Esq President SSDI ATTORNEY Legal Rights Advocates P 855-254-7841       ... Read More

    This is a situation in which you would have to make the decision after weighing all of the factors. If your husband is able and willing to go through the I-751 petition procedure including attending an interview if required, that is usually a petition which is more easily adjudicated by U.S.C.I.S. A petition showing that the petitioner is divorced and claiming to have had a bona fide marriage is usually one that U.S.C.I.S. gives more careful consideration. You would have to consider your personal situation including the danger of your relationship, outrageous behavior by your spouse, and all of the other factors that make a marital relationship bearable or unbearable. If you decide that the marriage is not salvageable and that you should indeed now divorce, you should keep copies of all of the evidence of your bona fide relationship as it will be your burden of proof to show that you did not marry for purposes of the green card only. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

It's been 4 months since you filed or since you were discharged?  If, as I assume, the former, the lender can't do anything except through the ccourt due to the bankrutpcy automatic stay.  The car will be disposed of as part of the bankruptcy estate.  I expect that matters are delayed due to the corona virus.  Here in NY, courts are closed except for emergencies.... Read More

Generally speaking, to qualify for restoration of your gun rights, you must meet certain baseline criteria: You have no other pending criminal charges in Washington or any other state. You have never been convicted of a Class A Felony or a sex offense, or been found not guilty by reason of insanity. If restoring following a felony conviction: it has been at least five years since you were convicted of a criminal charge. If restoring following a misdemeanor Domestic Violence conviction: it has been at least three years since you were convicted of a criminal charge, and you have completed all conditions of your sentence. You do not have any prior felony convictions prohibiting you from possessing a firearm. You have never been convicted of a felony charge where the use of a firearm was involved. Only a court can restore your right to possess a firearm. Thus, the application should not be filed with the police department, but rather with a judge. Once the application has been filed, the court and the prosecutor will review your application. Additionally, a hearing may need be scheduled to facilitate this process. Every case is different, presenting unique facts and circumstances. So it is best to consult with an attorney who can review your case. If you would like to do this on your own, then you would need to file a motion and citation with the court, and serve the prosecutor's office with a copy of your filed documents.     ... Read More

Worker's comp is for people who were injured on the job. Unemployment insurance is for people who were fired. Social Security Disability Insurance, getting your Social Security retirement benefits early, is for disabled people who have paid into the system for at least 10 years and apply within 5 years of the time they last worked. Supplemental Security Insurance is for disabled people who have not paid or not paid in enough years or not applied within 5 years of the time they last worked. From your description, it appears that you are too late to apply for worker's comp or unemployment insurance but may qualify for SSDI.  To qualify, you must be unable to do any job, not just your regular job.  You can apply online at www.ssa.gov.  Most people are denied and must ask for reconsideration (ask for an informal conference so that you can explain things).  Some must ask for redetermination, which involves a review by doctors not employed by Social Security.  A few must appeal further, to an Administrative Law Judge.  You only need an attorney for this last step.  Promptness, politeness and persistance are key.          ... Read More

Your question poses two different but related aspects of intellectual property. One is trademarks and another is copyright registration. First, let's consider the trademark issue. Trademarks work as source identifiers of goods or services. If you use a pseudonym (i.e., a pen name) with a slight variation of another published book author name, then you may cause a likelihood of confusion. Your competition author need not have a federal trademark registration. Senior common law trademark usage will suffice. Whether there is an actual likelihood of confusion depends on several factors including: Usage of the trademark as part of a name. Public recognition of the author's name with a business such as a book title or series. That author's popularity in the public. If there is "no" public recognition or fame for the published author, then that name is not associated with any individual. What is public recognition or fame is subjective and depends on several factors including: Revenue generated from the sale of the book title; Wide recognition in the news media; Publishing industry recognition; Getting on bestseller list such as New york times bestseller list; Extensive social media mentions, etc. If the published author book is in the same genre as yours, with a similar book title name, and pseudonym, then it is more likely that you are infringing. Next for copyright registration purposes, you may register a book with a pseudonym author name. Your pseudonym author name is associated with the book title or series, year of publication. Copyright recognition is only given to original works of authorship. Your work must be different from the published author's work. You must submit the best edition of your work to the library of congress. The nature of submission depends on whether your work is already published or not. Disclaimer: The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/... Read More

Not only can she do it, as executor she is legally required to preserve the estate. This includes selling the property for the best price and on the best terms she can get -- not selling it to one beneficiary for less than fair market value, thereby increasing his inheritance at the expense of the other beneficiaries.... Read More

When the Will is submitted for probate, it becomes a public document.  Check with the local probate clerk   If it has not been submitted, you can hire a local probate attorney to apply for a determination of heirship.  Please remember that you may not be a beneficiary of the Will.  Check with a Washington lawyer to learn whether you would be an heir.... Read More

Thank you for your question.  I am sorry to hear that you are having such difficulty co-parenting with your former spouse since successful co-parenting is paramount for the children.  Unfortunately, the attorney has no obligation to meet with you, even if you are representing yourself.  In fact, often attorneys will only communicate in writing with self-represented parties and this is due to the risk of information being interpreted as legal advice and conflicts being created.  If there is no court order in place, you are correct that you technically do not have a “legal” obligation to pay the voluntary support.  However, you do have a legal obligation to support your children financially and likely, your ex and her attorney will file an application with the Court to have that support calculated, ordered by the Court, and paid through wage garnishment.  It is imperative that you contact an attorney experienced in child custody and support matters to discuss all of your rights and options as soon as possible. ... Read More

Anyone can name anyone they wish in their Will.  Some states on the Eastern Seaboard have a spousal elective share but that does not appear to apply here. To avoid relatives contesting the Will and yelling "undue influence," your father may do well to get a written statement from them that they understand what he is doing and will not contest the Will.  ... Read More

The executor is not obliged to report to you.  In most states the executor must file an Inventory.  That is a public document but does not list debts.  In many states, after 15 months or more, a beneficiary may demand an accounting.  From your description, it appears that the executor may have completed his work by then, distributing anything left after paying the bills to the beneficiaries.... Read More