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Washington Family Law Questions & Answers
0 Answers | Asked in Family Law and Gov & Administrative Law for Washington on
Q: Must all relatives attend a guardianship show cause hearing in WA?

In a show cause hearing regarding guardianship, does every member related to the parties need to attend court? My mom is the current guardian of my 21-year-old disabled brother. She received documents notifying her of a court hearing because someone filed a motion to remove her guardianship, citing... View More

1 Answer | Asked in Probate and Family Law for Washington on
Q: Does a grandson qualify as heir in WA probate case without a will?

My mother's estate in Washington is being handled through probate without a will. She had seven children, two of whom, including my brother, passed away before her. My brother has a child, who is my mother's grandson. Does he qualify as an heir and receive my deceased brother's share... View More

Janta Steele
Janta Steele
answered on Mar 11, 2025

Yes, if your mother's estate is being probated without a will and any of her children passed away before her but leaving their own children (i.e. if your brother died before your mother but had kids), then any grandchild by a pre-deceased child inherits under RCW 11.04.015(2)(a).

A...
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0 Answers | Asked in Family Law, Civil Litigation and Civil Rights for Washington on
Q: How do we change the guardian for a vulnerable adult facing mistreatment under current guardianship in WA?

I am the uncle of a vulnerable adult whose mother recently passed away. His brother established guardianship and conservatorship and has placed protection orders on anyone trying to assist my nephew. There have been patterns of mistreatment, documented by my temporary guardianship and a protection... View More

0 Answers | Asked in Business Law, Contracts, Civil Litigation and Family Law for Washington on
Q: Can I sue for bad faith in family law settlement in WA?

I want to know if I can file a lawsuit for bad faith in settlement negotiations related to my family law case. During the negotiation, I agreed to settle for $30,000 more than I initially intended because the other party falsely claimed they needed this additional amount to refinance my name off... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Washington on
Q: Do I need my mother's consent to live with my father in a different state?

I am a 16-year-old minor living in Washington with a family friend for about six months after being removed from my mother's household due to domestic violence concerns. There were no legal or custody agreements made regarding my current living situation. I want to move to a different state to... View More

David Lutz
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David Lutz
answered on Feb 26, 2025

As a minor whose mother has legal rights over you, you are not free to live wherever you choose. Understanding you have been living with a friend for six-months, either your mother agrees or is not objecting to your living situation. It is possible that, if you were to move to live with your father... View More

1 Answer | Asked in Immigration Law and Family Law for Washington on
Q: Can I apply for a waiver to joint I-751 filing or other options after USCIS mistake?

I have been married to my husband for 10 years, and we have a 7-year-old daughter together. Despite our rocky times, we live together and can demonstrate the legitimacy of our marriage through photos, joint leases, and other documentation. We married abroad while my husband had a green card, and I... View More

James L. Arrasmith
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answered on Feb 19, 2025

You have a complex situation that deserves careful consideration, given USCIS's administrative error and your husband's unwillingness to cooperate with the I-751 filing.

Based on your circumstances, you may be eligible for an I-751 waiver since you've been married for 10...
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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...
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0 Answers | Asked in Family Law for Washington on
Q: Signed AOP but not biological parent; Bio parent's rights?

In Washington State, I signed an Acknowledgment of Paternity (AOP) 7 months ago, fully understanding its implications, and have been providing for the child full-time. However, I am not the biological parent. The child's biological father is not involved, and there have been no legal actions... 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...
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1 Answer | Asked in Legal Malpractice, Divorce and Family Law for Washington on
Q: How do I get courts in Louisiana state corrected when I live in Washington state

My name address and information was incorrect on divorce paperwork. How do I fix who do I call what kind of lawyer to sue the attorney who obviously didn’t represent me there in Louisiana. I have been in Washington state when they took everything from me including the home we had been buying in... View More

James L. Arrasmith
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answered on Jan 9, 2025

Your situation sounds incredibly frustrating, and dealing with incorrect divorce paperwork across state lines can be overwhelming. You'll want to start by contacting a family law attorney in Louisiana who can review your case and help correct the errors in your divorce documentation.... View More

1 Answer | Asked in Family Law, Domestic Violence, Elder Law and Probate for Washington on
Q: my mother was placed in a behavioral health hospital against her will and her house was sold while she was being financa
Tim Akpinar
Tim Akpinar
answered on Jan 21, 2025

A Washington attorney could advise best, but your question remains open for two weeks. This is not my area of practice, but at this point, you could reach out to elder law attorneys to discuss. Your matter appears too complex for quick instruction on a public forum. I'm sorry this happened to... View More

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Washington on
Q: My sister is probating are father estate and she said she was only child how do I or what form do I use to petition thI'

I wasn't raised by my biological father I didn't know about him till I was a adult he looked me up. I just found out he passed without a will and my half sister is handling probate and said she was only child. What do I need to do to get my inheritance?

Mei  Shih
Mei Shih
answered on Jan 8, 2025

You may need to take action to come forward and prove your relationship to the deceased, potentially by filing a petition with the court to open the probate case back up or to contest the distribution of assets that has already occurred.

1 Answer | Asked in Family Law, Elder Law and Probate for Washington on
Q: How do I let courts know I'm a heir in a probate case. My father passed away and I wasn't mentioned as his child
Anthony M. Avery
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answered on Jan 7, 2025

Hire a WA attorney to intervene as an heir in the Probate Case. If there is a will, you still might get an intestate share. Time is of the essence.

1 Answer | Asked in Family Law for Washington on
Q: Non-custodial parents wants to voluntarily terminate rights. What are the next steps in Washington?
Mei  Shih
Mei Shih
answered on Jan 8, 2025

If there is another adult (i.e, step-parent) to stand in their place, adoption may be a viable option. Otherwise, the courts generally will not terminate a non-custodial parent's parental rights.

1 Answer | Asked in Child Custody, Child Support and Family Law for Washington on
Q: Seperated spouse not following parenting plan
Mei  Shih
Mei Shih
answered on Jan 8, 2025

Possible court actions including filing an enforcement action, contempt action, or a modification action depending on what your goal is.

2 Answers | Asked in Child Custody, Child Support and Family Law for Washington on
Q: Set a parenting plan with separated spouse, but spouse is not following the plan. What are my options?
Merry A Kogut
Merry A Kogut
answered on Jan 1, 2025

First, document what's going on with a timeline of each violationg of the parenting plan. Start with those you remember, and then keep an accurate log going forward.

Next, write a certified, return receipt letter to your ex (so you get a receipt that your ex received your letter)...
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1 Answer | Asked in Family Law, Probate and Legal Malpractice for Washington on
Q: Can my lawyer Bill me for working with the opposing counsel to retrieve things that I didn't have to return?

I am the beneficiary as well as the administrator of a will the daughter of the deceased was disinherited because she had nothing to do with her father ever until the house was up for sale her lawyers asked my lawyers for the ashes of the deceased because I had mentioned that she hadn't even... View More

Merry A Kogut
Merry A Kogut
answered on Dec 25, 2024

I'm so sorry you're having concerns with your attorney's billing practices. First, read through the agreement you signed with your attorney - most likely, you agreed to pay the attorney for all his or her time, and that would include responding to another party's requests or... View More

2 Answers | Asked in Divorce and Family Law for Washington on
Q: If our agreement contains nothing about my possible income, does my Ex has the right to lower the support payment?

I divorced 6 months ago. After 24 years of marriage. I was a housewife all those years. Ex husband and I signed an agreement that he would pay me spouse support before my death or until I remarry. Also, I raise our 9-year-old daughter. Spouse support does not cover all needs and I started work. My... View More

Merry A Kogut
Merry A Kogut
answered on Dec 27, 2024

If the judge in your divorce case approved the agreement in which your ex-husband is to pay you a certain amount per month, your ex cannot on his own just decide to start paying you less - if he tries to do that, I suggest you file a motion and set up a hearing in front of the judge to consider... View More

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1 Answer | Asked in Family Law for Washington on
Q: Do both parents pay for school expenses. I have a son that is starting pre-school but need extra help from his father.

The father is not wanting to help. I'm in a single income home and he's in a double income

Mei  Shih
Mei Shih
answered on Jan 8, 2025

It depends. Courts generally only consider incomes of the two parents. Review your Child Support Orders, monthly transfer payment, and proportionate share of child-related expenses to see what it says about education/school/daycare expenses.

1 Answer | Asked in Family Law and Social Security for Washington on
Q: I'm 74. On SSI AND SSA Since 2012. Disabled Bi Polar 1 Receiving $ 918 SSA And SSI 45.00 Monthly.

Can I get more ?

James L. Arrasmith
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answered on Nov 24, 2024

You may be eligible for additional benefits beyond your current SSI and Social Security payments. Given your disability status and income level, exploring other assistance programs could help supplement your monthly income.

Looking into programs like SNAP (food stamps), Medicare Savings...
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