Washington Questions & Answers

Q: What is the definition of Income for bankruptcy?

1 Answer | Asked in Bankruptcy for Washington on
Answered on Dec 15, 2018
Timothy Denison's answer
Both definitions you cite qualify as income.

Q: Can an individual file suit against a company or organization if the government is actively pursuing

1 Answer | Asked in Environmental for Washington on
Answered on Dec 12, 2018
Timur Akpinar's answer
It could depend on what the government is pursuing the person for/or what the government has taken action against the person in the past for, and whether those things are relevant to, or directly/indirectly connected to the suit. A consultation with a Washington attorney who had additional facts and details could help answer the question more meaningfully.

Tim Akpinar

Q: So if I refuse a BAC test, I lose my license. But is that it? What are the other penalties in WA?

1 Answer | Asked in DUI / DWI for Washington on
Answered on Dec 11, 2018
Stan Glisson's answer
Complex question, I'll try to make it short.

Administratively you MAY lose your license. If you have no priors, the DOL will revoke for a year unless you successfully appeal. You may be able to drive during the revocation if you install an interlock and apply for a restricted license. The DOL will also require high risk insurance for three years.

If you are charged with DUI and a refusal, the penalties (compared to blowing over the limit) all increase. No matter how high the...

Q: i was stopped for dui but blew a 0- i dont drink but i do take medications which caution about driving/operating equipme

2 Answers | Asked in DUI / DWI for Washington on
Answered on Nov 29, 2018
Jason Powers' answer
There is a backlog of blood tests at the Washington State Patrol. It seems to take at least four months for the blood to be tested. When it is tested, the lab will check for substances that could affect driving and/or illegal.

Q: I incurred old tax debts before Marriage and tried to resolve for a fresh start. I want to know

1 Answer | Asked in Bankruptcy for Washington on
Answered on Nov 27, 2018
Timothy Denison's answer
Not enough information to answer your question. In any event, you should consult an experienced bankruptcy attorney regarding your financial situation before you do anything.

Q: Is it legal to fine local companies who don't recycle?

1 Answer | Asked in Environmental for Washington on
Answered on Nov 25, 2018
Timur Akpinar's answer
It depends on applicable regulations.

Tim Akpinar

Q: My wife is waiting for her adjustment of status and she has an advance parole document. Is she able to travel to canada

2 Answers | Asked in Immigration Law for Washington on
Answered on Nov 23, 2018
Lana V. Elliott's answer
Yes, she is able to travel abroad as long as she not only filed her I-131 (Document for advance parole), but also received it. If she just filed and is waiting for it while her AOS is pending, if she travels, her adjustment of status application is considered to be abandoned, and unfortunately, she will need to re-file it (and other negative immigration consequences might apply).

Q: Can I make a secret will that my husband will not know about until my death?

1 Answer | Asked in Estate Planning for Washington on
Answered on Nov 22, 2018
Brent Bowden's answer
There is no requirement that your husband be aware of your will. But there are risks to a secret or surprise will. In the event you died and your husband survived you, he would be likely to open a probate assuming your old will or as if you didn't have one. If nobody brings the secret will to court, it would be like you never had it. Wills that are surprises are also potentially more likely to result in challenges to their validity. And, lastly, Washington is a community property state, so that...

Q: Can my current wife and I gift my townhome to my son and his mother, my first wife without paying a gift tax?

1 Answer | Asked in Tax Law for Washington on
Answered on Nov 16, 2018
Chad Silver's answer
This depends on how much the value of the townhome is. There are tax free gifts available but it depends on the amount to be gifted. Please give my office a call so we can discuss the proper gift tax returns and amounts you can gift tax free. Call Silver Tax Group at 855-900-1040

Best,

Chad

Q: Ive got a question on child US immigration (citizenship) that has been bothering me for a long time

1 Answer | Asked in Immigration Law for Washington on
Answered on Nov 11, 2018
Lana V. Elliott's answer
I am not aware of the process that would allow a minor to renounce their citizenship. Parents are not allowed to make this decision on behalf of their children. A child must be at least 16 years of age to present himself at the US consulate abroad and request renunciation of h their citizenship. Even then a consulate officer might still find that a child lacks maturity and recommend them to wait util the age of 18.

Q: I am international student who is issued social security card Can I apply for green card ?

1 Answer | Asked in Immigration Law and Social Security for Washington on
Answered on Nov 8, 2018
Lana V. Elliott's answer
Unfortunately,being an international student and having a social security card are not sufficient, on their own, grounds to apply for Green Card. There should be family, business, investment, or other relationship that would be a basis for a legal permanent residence (Green Card). I would recommend you to consult with an immigration attorney in your area to discuss your options and potential venues for obtaining Green Card.

Q: I just learned that I inadvertently committed a federal financial crime. Should I write a letter of explanation to IRS?

1 Answer | Asked in Banking, Federal Crimes, Immigration Law and International Law for Washington on
Answered on Nov 8, 2018
Hector E. Quiroga's answer
You need to speak with an attorney familiar with federal law around international financial transactions.

Q: What is the punishment if you can prove a company has diverted the natural course of water on your property?

1 Answer | Asked in Environmental for Washington on
Answered on Nov 5, 2018
Timur Akpinar's answer
I do not practice in Washington but your question went unanswered for five weeks. An attorney who is familiar with riparian rights might be able to provide guidance.

Tim Akpinar

Q: How soon will my court date be after getting pulled over for drunk driving?

1 Answer | Asked in DUI / DWI for Washington on
Answered on Nov 2, 2018
Stan Glisson's answer
In Washington the hearing is supposed to held the "next judicial day". Not all jurisdictions follow that rule though.

It is almost always within two weeks, unless the investigation involved a blood draw. The toxicology lab may take months to test a blood sample.

You should make sure that DOL has your current address, as that is the one the courts commonly use to tell you the court date.

Q: My mom passed away without a will. Her and my dad were married for 49 years. They lived in a house on land that she

1 Answer | Asked in Estate Planning and Probate for Washington on
Answered on Nov 1, 2018
Brent Bowden's answer
When somebody passes away without a will, their heirs are determined by what are called the laws of intestacy. Washington's can be found at RCW 11.04.015 (http://app.leg.wa.gov/rcw/default.aspx?cite=11.04.015).

There will be a question about whether the home is separate or community property or some mix of both. Generally, an inheritance is separate property. But community funds were possibly used to pay the mortgage, taxes, upkeep, etc, which can complicate things.

I am not...

Q: What should I do in this complicated case?

1 Answer | Asked in Immigration Law for Washington on
Answered on Oct 31, 2018
Lana V. Elliott's answer
Unfortunately, it is true that since you became a US citizen, a separate I-130 is needed to be filed for your daughter. You should:

1. Contact the National Visa Center and request to re-schedule your wife's interview.

2. File I-130 for your daughter ASAP.

3. After CIS accepts your daughter's I-130, call 800 number, CIS customer service, and request an expedited process of your daughter's I-130. However, I have doubts CIS will process is expeditiously because your...

Q: Can I apply for my daughter under 18 years old a US passport from US embassy if she was born before I got US citizenship

1 Answer | Asked in Immigration Law for Washington on
Answered on Oct 30, 2018
Hector E. Quiroga's answer
1. Do I have to upgrade their petition? and if I upgraded, will I have to apply a separate I-130 for our daughter Sarah?

You need to inform the Department of State that you are a citizen now. You have to file a separate petition for your daughter now that you are a citizen.

2. Is there any way our daughter can travel with my wife?

You can apply for a tourist visa for your daughter, and she can travel with you wife on that, if approved.

3. Does (N600K) applies...

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