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Washington Questions & Answers
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...
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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,...
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1 Answer | Asked in Military Law for Washington on
Q: Currently getting admin separated from Navy with general under honorable will I be able to upgrade this

I was arrested in japan for trespassing detained and released with no charges and navy is separating me under misconduct of serious offense is there a chance to upgrade my discharge

Joshua Abraham Tolin
Joshua Abraham Tolin
answered on Feb 8, 2025

Yes, you have the ability to apply for upgrade through the Board for Corrections of Naval Records (https://www.secnav.navy.mil/mra/bcnr/Pages/default.aspx) and the Naval Discharge Review Board (https://www.secnav.navy.mil/mra/CORB/Pages/NDRB/default.aspx). More information available at those... View More

5 Answers | Asked in Bankruptcy, Personal Injury and Car Accidents for Washington on
Q: My car was totaled and there are claims in excess of my policy limit of 25,000 Should I file bankruptcy?

I do not have umbrella coverage and I am about to retire.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 3, 2025

Filing for bankruptcy relief is a major step, and you need to confer with an experienced lawyer. with full facts of your financial condition to your lawyer in advance of that conference.

Do that as soon as you can, as the best lawyer help is BEFORE any more happens.

On top of your...
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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...
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1 Answer | Asked in Civil Litigation for Washington on
Q: What do you mean when you say pluse cost advance

Cost 40%pluse the cost advance to hire attorney

Steve Dashiak
Steve Dashiak
answered on Jan 27, 2025

The 40% is the attorney's contingency fee - meaning if the case settles for $10k, the attorney gets $4k of it. Typically contingency fees in personal injury cases are 1/3 for pre litigation, and 40% for cases in which a lawsuit is filed. If suit is filed, costs can vary wildly. The attorney... 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...
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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...
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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?
Brad S Kane
Brad S Kane
answered on Jan 26, 2025

In Washington state, an employee is entitled to receive the highest city/count/state minimum wage based on the location of their work. This can get complicated, when remote work is involved. For example, if you work from home 2 days per week and where you live has a higher minimum wage than the... View More

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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...
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2 Answers | Asked in Immigration Law for Washington on
Q: change of Status

My mom arrived in the U.S. on August 4, 2024, with a six-month B2 visa that expires on February 2, 2025. We initiated her family-based adjustment of status process. Specifically, we submitted Form I-130 online on December 17, 2024, and received the receipt notice for it. Concurrently, we mailed her... View More

Agnes Jury
Agnes Jury
answered on Jan 23, 2025

Hopefully you referenced the I-130 receipt number in the I-485 application or included a copy of the receipt notice with the I-485 application because if you did not, then the application may be in the process of getting rejected.

I would inquire with the lockbox as to the status of the...
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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...
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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...
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1 Answer | Asked in Car Accidents and Personal Injury for Washington on
Q: I was a backseat passenger wearing a seat belt when the car I was in was involved in a collision with another vehicle.

No citations, no police, no insuance. The driver of the car has no valid DL nor insurance. The owner was in the passenger seat and was not carrying license. And, i dont think the car is presently insured, possibly no title and unknown about registration. This happened this past weekend. What court... View More

Tim Akpinar
Tim Akpinar
answered on Jan 17, 2025

A Washington attorney could advise best, but your question remains open for four weeks. I'm sorry about your accident. The questions you raise are valid ones, and they show good analysis. The last question you pose may be the most practical one, in terms of whether there are competent... 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...
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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 Employment Law and Workers' Compensation for Washington on
Q: I wasnt paid all my hours at my old job, they refused to pay me after I asked.

I had permission from my manager to skip lunch due to my i.b.s, and that it wouldn't be deducted from my hours, surprise surprise in my final paycheck every lunch was deducted and I never got paid for those hours I worked. it's a family owned business so once I reached out to h.r or... View More

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

I'm so sorry to hear about your employment issues and health problems.

You may want to try this first - you can file a complaint with a WA State agency for free: https://www.lni.wa.gov/workers-rights/workplace-complaints/worker-rights-complaints

Your former employer is...
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1 Answer | Asked in Personal Injury for Washington on
Q: I was a passenger in a vehicle that was hit head on by drunk driver and received the most injuries I need help?

On May 15th I was a passenger in my truck that was hit head on by a uninsured drunk driver, I sustained a fractured hip which needed surgery to replace and a metal plate inserted to hold it in since it broke the rim of my pelvis, I still have limited mobility 6 months later, I didn't know... View More

Robert Gregg
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Robert Gregg pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 9, 2025

Unfortunately with this scenario, it appears that what you are saying, is that the intoxicated driver was not insured, and that you did not have underinsured coverage either. Given that there is not an insurance policy to open a claim with, there is not recovery available. You could potentially,... View More

2 Answers | Asked in Employment Law for Washington on
Q: employment question: minimum salary washington state

I am a part time employee in washington state. i am currently below the salary threshold. i work at a nonprofit. i asked my employer and they disagreed with me. is there any reason i am in the wrong? this would also apply up to three years past as well.

Brad S Kane
Brad S Kane
answered on Jan 6, 2025

Your employer is incorrect. The salary threshold is based on a 40 hour week, not a part-time week.

The Department of Labor and Industries provides a chart showing the required minimum weekly earnings at:

https://www.lni.wa.gov/forms-publications/f700-207-000.pdf

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