Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Merry A Kogut
1 Answer | Asked in Consumer Law and Contracts for Washington on
Q: What can I do if my parcel from Aramex hasn't arrived and is not insured?

I was supposed to receive a parcel from Aramex containing my R3000 Nike shoes by March 4th, but it still hasn't arrived as of March 6th. I've contacted Aramex, but I haven't received any response from them. The parcel wasn't insured. What legal steps can I take to address this issue?

Merry A Kogut
Merry A Kogut
answered on Mar 5, 2025

Hello - you stated you were supposed to receive a package by March 4th and haven't received the pacage by March 6th, but today is March 5th, not 6th.

There is nothing "legally" that you can do if a package is one day late but ask for a refund if you paid extra for delivery by...
View More

1 Answer | Asked in Civil Rights and Consumer Law for Washington on
Q: Can Grocery Outlet enforce a policy against backpacks but not purses?

I'm wondering if Grocery Outlet can legally refuse to let me shop unless I leave my backpack at the counter, which to me appears to violate my 4th Amendment rights. They claim it is store policy, but they only enforce this on individuals with backpacks, not women with shoulder bags or purses.... View More

Merry A Kogut
Merry A Kogut
answered on Mar 4, 2025

This is not a violation of your rights. The 4th Amendment applies to government entities, not to private companies.

There are laws against discrimination (state and federal) that apply in some situations - for example, if the store rule only applied to men with daypacks, but not to women...
View More

2 Answers | Asked in Banking and Public Benefits for Washington on
Q: Can I use funds from a joint account with grandmother's survivor benefits?

I am on a joint bank account with my grandmother, who receives survivor benefits as the primary source of funds in this account. She added me to the account to ensure her needs are fulfilled, and she has explicitly told me that I can use the account for myself if needed. Am I legally allowed to use... View More

Merry A Kogut
Merry A Kogut
answered on Mar 4, 2025

If your grandmother has added you to joint bank account as a co-equal member of the account, you can use funds from the account.

HOWEVER, if it were me, I'd first get something in writing to this effect from my grandmother, witnessed and notarized, to avoid any allegations two years...
View More

View More Answers

1 Answer | Asked in Civil Rights and Employment Law for Washington on
Q: Employer refuses ADA accommodation for remote work during flare-ups.

I have an ADA-protected condition that my employer is aware of. Last year and more recently, for the past two weeks, my request to work remotely during flare-ups was approved without needing a doctor's note. Suddenly, my employer, who is also the HR director, refuses my request to work from... View More

Merry A Kogut
Merry A Kogut
answered on Mar 4, 2025

It is best to follow proper procedure to obtain a formal agreement for reasonable accommodations. Here is a very short set of guidelines that explains this:... View More

1 Answer | Asked in Employment Law for Washington on
Q: Can unpaid on-site lunch as security guard in WA be a labor law violation?

I am a newly hired security guard in Washington State, assigned to a government office. My company has an unpaid hour lunch policy, but I'm required to stay on-site and monitor the radio and phone during this period. The government employees at this site have different lunch policies. I... View More

Merry A Kogut
Merry A Kogut
answered on Feb 27, 2025

Thank you for the question.

Washington State employees have the right to a meal break: https://www.lni.wa.gov/workers-rights/workplace-policies/rest-breaks-meal-periods-and-schedules

You have the right to file a complaint with the state, and you're supposed to be protected...
View More

2 Answers | Asked in Constitutional Law and Civil Litigation for Washington on
Q: Is it legal to record a phone call with a company in WA without permission?

I am considering recording a phone call with a company based in Washington State, of which I am one of the parties. The purpose of the recording is for documentation/evidence. Is it legal to record the call without obtaining permission from the company?

Merry A Kogut
Merry A Kogut
answered on Feb 25, 2025

Thank you for the interesting question.

Washington State is a "two party consent state," which actually means that every party to a phone conversation, meeting, etc, must consent in advance to being recorded.

People who violate this rule can be subjected to criminal...
View More

View More Answers

2 Answers | Asked in Probate and Real Estate Law for Washington on
Q: Can I keep paying deceased dad's mortgage & acquire house?

My father passed away six years ago without a will. I've been living in his house and paying the mortgage ever since. My siblings and my father's wife are other potential heirs. However, his wife left the property before his passing and hasn't contributed financially, and my siblings... View More

Merry A Kogut
Merry A Kogut
answered on Feb 25, 2025

Making payments to the mortgage company does not ensure that you will have any right to inherit the house.

The only way the house can become your legal property is to go through probate and have a judge make a ruling giving the house to you. It will be helpful if your siblings and any...
View More

View More Answers

1 Answer | Asked in Child Custody, Civil Litigation and Criminal Law for Washington on
Q: Can I regain custody of my son if his father refuses to return him and has a pending felony charge in Grant County, WA?

My son's father and I have a residential schedule that states our son is to reside with me in Grant County, WA, but we do not have a formal parenting plan. I allowed him some parenting time, and now he refuses to return our son to me. The police and CPS have informed me this is a civil issue.... View More

Merry A Kogut
Merry A Kogut
answered on Feb 18, 2025

I am so sorry that you have been going through this, but at the stage I'd strongly urge you to file a legal action for custody in whatever Family Court (through Superior Court) is closest to you in Washington.

If you are low-income, you may be able to get free legal assistance in this...
View More

1 Answer | Asked in Family Law and Estate Planning for Washington on
Q: As a legally heir in a WA St trust do I have the right to request the trustee be transparent with the monetary amounts?

I'm named as a legal heir in a trust in WA State. The trustee of this trust is only giving a dollar amount in the bank account attached to or named in the trust. At this point I have no way of really knowing if the monetary amount I'm being told is accurate. Under WA State trust law as a... View More

Merry A Kogut
Merry A Kogut
answered on Feb 18, 2025

I'm so sorry you're going through this.

Yes, as a beneficiary of the trust, you have the right to request more transparency under Washington law. Trustees have a legal duty to keep beneficiaries informed about the trust’s assets, which includes providing an accounting if...
View More

1 Answer | Asked in Real Estate Law for Washington on
Q: My wife and I just bought a home, but due to distance, we were unable to physically see the house.

and had to rely on the realtor and inspections to make a decision. I have found numerous safety/structural issues that were not documented during the appraisal/inspection. I am in Washington state in Whitman county. I am trying to find out what my options are moving forward, or if I am just stuck... View More

Merry A Kogut
Merry A Kogut
answered on Feb 9, 2025

I am so sorry to hear about this. Unfortunately, your recourse may be a bit limited, unless the Realtor and/or Seller were deceptive in some way - for example, if the sellors lied or omitted information in their "form 17" disclosure statement.

Most inspection contracts include...
View More

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Litigation and White Collar Crime for Washington on
Q: If a HOA president is spending the HOA's money with no permission and using it for personal expenses, is it illegal?

I have already had an attorney confirm for me that the state laws and the HOA's declaration both require them to get the permission and approval of the board members before they can ever spend any HOA money. They also have to provide information like the reciepts and copies of checks but they... View More

Merry A Kogut
Merry A Kogut
answered on Feb 9, 2025

Thank you for your question and really shocking set of facts. You have described the essence of embezzlement - the theft of money from an employer or business (or non-profit).

I suggest you put together an organized time line of what you know, with any financial records you can include,...
View More

1 Answer | Asked in Landlord - Tenant for Washington on
Q: Is the maintenance at my apartment allowed to come into my unit while I’m living there to take pics of it?

I got a paper on my door for an annual inspection of unit (never had this at any other apartment) and they came in to take pictures of my unit (I’m still living there) my dog can caught them taking pics inside my closet and I’m not sure what they did upstairs

Merry A Kogut
Merry A Kogut
answered on Jan 29, 2025

Good morning - in Washington State, a landlord usually must give a minimum of 48 hours advance notice before entering a tenant's rented or leased housing unit. There are only a few exceptions - in some instances, 24 hours; in an emergency, no advance notice.

You can find more...
View More

1 Answer | Asked in Elder Law for Washington on
Q: Abuse of authority in a POA agreement and theft of lawsuit settlement by a family member.

The admininstrator was supposed to deposit the settlement check and distribut to be money to beneficiaries. He kept the money. When confronted he became extremely hostile and stated he will never turn over a dime. The law firm that handled the POA said they can't help. Who do I call?

Merry A Kogut
Merry A Kogut
answered on Jan 25, 2025

I'm so very sorry to hear about this situation - it's terrible when these types of disputes occur.

There are at least four things you can do.

1. If the beneficiaries are adults, you may be able to get help from Adult Protection Services. If the beneficiaries are...
View More

2 Answers | Asked in Employment Law and Workers' Compensation for Washington on
Q: If a county's minimum wage goes up. Do companies have to raise their minimum wage? Or does state minimum wage apply?
Merry A Kogut
Merry A Kogut
answered on Jan 25, 2025

Thank you for the interesting question.

In Washington State, businesses have to pay whichever minimum wage is higher—whether that’s set by the state or by a city or county. So, if a county raises its minimum wage above the state level, companies in that area are required to follow the...
View More

View More Answers

1 Answer | Asked in Employment Law for Washington on
Q: Can my employer require a doctors note because I left work early due to not feeling well?

I was told HR would have to speak to me about consequences because it is technically a “walk out “ since I showed up at all yesterday. I went to urgent care and was put on the waitlist to be seen, but it was almost 5:30 PM when I arrived at urgent care and they closed at seven, so I wasn’t... View More

Merry A Kogut
Merry A Kogut
answered on Jan 23, 2025

Hello again - I answered your other question on point. Employers hold most of the "power" in 49 of the 50 states, plus the territories and DC. Most employees are "at will" - this means an employer can terminate an employee for zero reason, and with zero advance notice. Since... View More

1 Answer | Asked in Employment Law for Washington on
Q: If I leave work because I’m feeling unwell and return the next day, can my employer require a doctors note to return?

My employer told me this is a “walk out” and consequences would have to be talked over with HR the following day. As I was leaving I was told not to return unless I had a doctors note. I immediately ubered to urgent care (although I didn’t immediate need medical attention , I didn’t want to... View More

Merry A Kogut
Merry A Kogut
answered on Jan 23, 2025

I'm so sorry you felt so ill, and hope you're feeling better now.

If are an "at will" employee (no contract, no union), your employer can require a doctor's note and, I'm afraid, can terminate you if you fail to provide one (check to see if the employer has an...
View More

2 Answers | Asked in Personal Injury, Car Accidents and Legal Malpractice for Washington on
Q: Can I challenge or reduce an attorney’s lien due to conflict of interest and inadequate representation?

I was rear-ended while driving, and my former attorney represented both me (the driver) and a passenger. I repeatedly raised concerns about the passenger’s fraudulent claims, but my attorney ignored them and continued representing her, creating a significant conflict of interest and a breakdown... View More

Merry A Kogut
Merry A Kogut
answered on Jan 22, 2025

I'm so sorry to hear about your accident and your attorney's behavior. I share your concerns, as you laid them out.

The Washington State Bar Association is very good about helping clients resolve problems with their attorneys. They offer at least two types of help - one is...
View More

View More Answers

1 Answer | Asked in Estate Planning for Washington on
Q: should I get a power of attorney or an estate executor to my daughter so when I die she can sale my house.
Merry A Kogut
Merry A Kogut
answered on Jan 22, 2025

Hello - I'm Merry, and I've been a WA State attorney for over 38 years.

A Power of Attorney is a type of power you give to a trusted family member or friend to take care of things for you while you are alive (such as to make medical decisions for you, or to handle financial...
View More

1 Answer | Asked in Animal / Dog Law and Divorce for Washington on
Q: Do I need to keep the dog until the divorce is final or can I start looking for another home for her?

My husband and I are renting a house but we do not have a current lease. When we moved in 8 years ago, he paid a pet deposit but it was not for the dogs we have now. I recently filed for divorce and he moved out (he was living in his travel trailer and drove away with this in the middle of the... View More

Merry A Kogut
Merry A Kogut
answered on Jan 16, 2025

It's hard to think of pets this way, but under Washington State law, they are considered "personal property" (as opposed to real property, such as a house).

If I understand correctly, your husband inherited the dog in question. If so, the dog is separate property - the dog...
View More

1 Answer | Asked in Family Law for Washington on
Q: Can I obtain POA on my 22 year old non-verbal autistic son? I had guardianship of him but it expired 3 months ago.
Merry A Kogut
Merry A Kogut
answered on Jan 10, 2025

Thank you for submitting your question to Justia - I've been an attorney since 1986, and have a long history of working on guardianships (which are now divided into guardianships and conservatorships).

Your son can sign a POA only if he fully understands what he is signing, agrees...
View More

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.