Lawyers, Answer Questions  & Get Points Log In
Washington Questions & Answers
1 Answer | Asked in Estate Planning for Washington on
Q: I had a will, power of attorney, health directive, property directive - all of it - drawn up in 2008.

I now hear legislation requires all this be redone at additional fee of course. Is this accurate?

Nicole Betts
Nicole Betts
answered on May 25, 2022

Hi There,

I am always slightly concerned in dealing with dated documents. Particularly the Power of Attorney and Health Care Directive. The Uniform Power of Attorney Act came into effect in 2017 - as such, I often recommend that these documents be updated. However, of course, an attorney...
Read more »

1 Answer | Asked in DUI / DWI for Washington on
Q: Is it possible to change the date I’m supposed to get scram ankle monitor by?

Need to wait until next paycheck to afford first week, it’s most expensive

Jose A. Ceja
Jose A. Ceja
answered on May 25, 2022

It is possible to get an extension but if the court gave you a deadline by which this was to be done, you must get it by the date or your bond could be revoked. A criminal defense attorney can ask your judge for an extension, or possibly get the court to waive the cost (which is sometimes done in... Read more »

1 Answer | Asked in Employment Law for Washington on
Q: What are the requirements for a paycheck deduction when a private employer needs reimbursed for an employee's excess

wear and tear to a company vehicle.

Brad S Kane
Brad S Kane
answered on May 24, 2022

Your employer needs a document signed by the employee authorizing any payroll deductions, except payroll deductions required by law.

2 Answers | Asked in Estate Planning for Washington on
Q: My sister is dying very quickly and she wants to give her house to her son. She has no will. Is there something we can

have her sign real quick before she dies?

Keith Armstrong
PREMIUM
Keith Armstrong
answered on May 23, 2022

Yes, she can gift the house to her son with a Quit Claim Deed. She can also do a Transfer on Death Deed. Lastly, she can create a living trust with her son as beneficiary. All of these will avoid probate, but the Transfer on Death Deed gives you the most bang for the buck. I would seek an... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: Does NCF Final mean there’s no charge and won’t ever be a charge?

Court never saw and individual while they were in jail. They had a court date and never were seen. We’re released and disposition said NCF final on the website. Does that mean there’s no charge and the individual won’t be called back in at a later date into a municipal or district court for a... Read more »

Patrick Owen Earl
Patrick Owen Earl
answered on May 20, 2022

What this means is that for now, the matter isn't charged. It has been stopped and the State is investigating it further to determine if they have more potential evidence against this person to file the charge. If the underlying charge is a misdemeanor level case, they have a year to file... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: Does NCF final mean that An individual is not being charged does that mean they won’t be called into court again later?

Someone I know was arrested and the next day was suppose to go to court. They were never seen and let go with no paper work. Disposition on the website said NCF FINAL. Does that mean they are not being charged. Also if it says final does that mean they are not going summon them back for a trial? I... Read more »

Stan Glisson
Stan Glisson
answered on May 20, 2022

It definitely does not mean that a charge could not be filed in the future. If the prosecutor gets more information or a follow up report, they can change their mind and file until the statute of limitations has run out. That is at least one year, but more for most crimes.

1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: Can I sue previous employer for discrimination and stress injury?

I developed heart palpitations, 450 a day skipped heartbeats a day. It was caused by excess stress do to negligence from my employer. Me and several other employees would inform Human resources of thr behavior of the Store Manager, that was against company policy. Human resources told me to keep... Read more »

Brad S Kane
Brad S Kane
answered on May 19, 2022

First, you may have a retaliation claim depending on the types of misconduct by the manager that you were reporting to HR.

Second, you may have a claim for disability discrimination based on your termination after disclosing your heart condition and ADHD. However, without more context it is...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: Hi, I have an idea for patenting, similar to #5857273. I am wondering how to pull up the drawings for it? And if expired

how to find out if a patent is expired and if I can put a patent pending on something similar?

Stephen E. Zweig
Stephen E. Zweig
answered on May 15, 2022

One easy way is to look up the patent at https://patents.google.com/ . Then, for a US patent, put a US in front of the number such as US5857273. Google will fetch the patent and also let you know if it is expired or not (it is).

To get your own patent in the same topic, you will have to...
Read more »

1 Answer | Asked in Employment Law for Washington on
Q: Can my employer mandate that I miss a day of work to be fitted for an N95 respirator?

There is no opportunity to get fit tested and keep my shift, and if I don't get a fit test, I can no longer keep my job. Do they have an obligation to pay me for the time spent traveling to the site and getting the fit test?

Brad S Kane
Brad S Kane
answered on May 11, 2022

Yes. However, since the N95 respirator fitting is required for your work, you are still entitled to compensation for your time. Note: you are normally not entitled to compensation for the travel time from your home to your first place of employment or from your last place of employment to your home.

1 Answer | Asked in Estate Planning for Washington on
Q: In disputes between siblings why does it seem like the law sides with the kids that want to sell ? Leaving the other if

They don't Have the money to by them out on hand then they are forced to sell to. in most cases the one sibling is trying to keep the property above all.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on May 5, 2022

It seems that way because the law does in fact favor the siblings who want to sell. The reason for that is it is untenable in the long run to force the siblings who want to sell to have to wait for their inheritance while the one who wants to occupy continues to live in the property, usually... Read more »

2 Answers | Asked in Immigration Law for Washington on
Q: How do I prove when I left the country in 2000?

I submitted my i485 adjustment of status application. They responded to me with an RFE asking for proof of when I left the US in the year 2000.

I no longer have the passport that I used when exiting the country. I have put in two CBP FOIA requests as well as a USCIS FOIA request. All of... Read more »

Namita Agarwal
Namita Agarwal
answered on May 5, 2022

The FOIA is good but that doesn’t provide the information, you will need to provide a notarized statement explaining the situation. May be worthwhile to have an attorney review and assist with this response. Good luck!

View More Answers

1 Answer | Asked in Collections, Estate Planning and Probate for Washington on
Q: I am the creditor to a court ordered instalment plan where the debtor has died. Most likely no will

His partner at time of debts til present, knew he was borrowing money from me and also benefited from it. She also helped in lying about his living arrangements and conditions of bail for his 5criminal charges dealing with a minor. How do I collect this debt?

Keith Armstrong
PREMIUM
Keith Armstrong
answered on May 4, 2022

Creditor, you may want to make a claim against the estate of the debtor and send written notice to the surviving partner. If the debt was in the company capacity, then the company should be responsible for paying. If the debt was made in his personal capacity, then his estate should pay for the... Read more »

1 Answer | Asked in Criminal Law for Washington on
Q: somebody reported I aimed a gun at them, police searched my vehicle and find a gun out in the open. do they have a case?

Today a vehicle cut me off, so I passed them in the left lane. Their car sat a lot higher than mine and they had a clear view of my passenger seat. Which had my pistol sitting in it. They called the police and said that I had aimed the gun at them when I was passing. They followed me for 2 miles... Read more »

Cristine Beckwith
PREMIUM
Cristine Beckwith
answered on May 1, 2022

Sorry to hear that this happened to you. From what you have described, it appears they do have evidence to include the firearm and possibly multiple witnesses that were in the other vehicle. It is very likely that the county prosecutor's office will move forward with criminal charges.... Read more »

1 Answer | Asked in Elder Law and Nursing Home Abuse for Washington on
Q: My Grandma has been living in assisted living. She fell and broke ribs and no one took her to the hospital for 5 days

My grandma (90) had recently been in an assisted living home. She has fallen many times in her past few years there. But the most recent time she fell and broke ribs and the people caring for her made the judgment call to not bring her to the hospital because they figured there’s not much to be... Read more »

Michael Brevda
Michael Brevda
answered on Apr 29, 2022

I’m sorry to hear about your grandma’s falls in the assisted living facility. Repeated falls evidence a pattern and should trigger a healthcare facility to create a care plan to (attempt to) stop the falls. I doubt that was done in grandma’s case, which may be negligent on the ALF’s part.... Read more »

1 Answer | Asked in Employment Law for Washington on
Q: Question about resignation from a job. 9. Termination 9.2 Termination without cause by either party

The clause follows 9.2 as

"Without cause, upon 120 days' prior written notice by either party."

Does this mean that to resign I must give 120 days notice? Since it says "by either party".

Brad S Kane
Brad S Kane
answered on Apr 28, 2022

If the employee fails to give 120 days notice as required in the employment contract, then there is a possibility that an employer might sue for the extra cost of finding a replacement for the period for which notice was not given. In my experience, employers very rarely sue to recover that... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Washington on
Q: Does this fall into tort of outrage or intent to inflict emotional damage?

Incident:

They took her into their office, stated they would be happy to meet with her alone and only alone, while knowing she was in and out the hospital, to bully her, and told her she was treated differently than her neighbors, because I, her daughter, spoke out about gentrification.... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 27, 2022

A Washington attorney could advise best, but your question remains open for a week. It looks like you're talking about the tort of intentional infliction of emotional distress. To meaningfully answer your question, you could reach out to law firms to discuss. It could be one thing for a matter... Read more »

1 Answer | Asked in Probate for Washington on
Q: Grandmother passed in WA 2013. Executor never contacted me but siblings and cousins inherited. How do I see the will?

Executor is in AK, where I also live. I do not know if I should have been contacted or if I should have inherited. There was a will and I would like to see it. Executor has always been unresponsive.

Keith Armstrong
PREMIUM
Keith Armstrong
answered on Apr 27, 2022

Alaska Native. It would depend on what your grandmother's Will says to determine if you should have received notice or inheritance. If no Will, then her heir (her children/spouse) would inherit under intestate laws. No grandchildren would automatically be included, could be, but not... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for Washington on
Q: Are mold cases ever successful?

Tenants in our building have chronic health issues. Signs of mold and water damage everywhere. Bursting pipes ignored. One tenant had professional testing done which yielded positive for toxic mold. Can these results be used for all tenants? Are mold cases ever successful?

Tim Akpinar
Tim Akpinar
answered on Apr 21, 2022

A Washington attorney could advise best, but your question remains open for two weeks. As a general matter nationwide, they can be difficult cases. Some law firms are reluctant to take them on because things are not as clear-cut as more traditional accident cases involving clearly definable damages... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Sexual Harassment for Washington on
Q: How much will a lawyer charge to represent me in a sexual abuse claim against a Catholic priest in Seattle?

I know a lawyer won't charge me up front I just want to get an idea of how much he would take when I win my case. Thank you

Steve Dashiak
Steve Dashiak
answered on Apr 21, 2022

The standard fee for personal injury cases, including sex abuse cases, is 1/3 of the total recovery plus costs advanced. If the matter goes to litigation, the fee goes up to 40% plus costs advanced.

I commend your bravery in coming forward to get some justice. I wish you the best.

1 Answer | Asked in Criminal Law for Washington on
Q: If a detective is calling you for months trying to get you to come down wouldn't they just arrest you instead of trying

If they had serious allegations against you wouldn't they just arrest you instead of trying to call you for months to interview you

Brent T. Geers
Brent T. Geers
answered on Apr 21, 2022

Depends...the standard to charge someone with a crime is probable cause. Often, they do not have that until, ironically, a suspect voluntarily talks with police, and usually in an attempt to clear their name.

It's quite possible that the police do not (yet) have probable cause for the...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.