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Washington Questions & Answers
1 Answer | Asked in Personal Injury for Washington on
Q: My truck was broken into at a dealership while it was awaiting repairs is the dealership liable?

They told me no because of the Third party clause in their documents but what constitutes a third party? they have security cameras but the manager is saying they probably don't have any footage because its something they've been working on it would this void that entirely? how can you... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

This is a personal injury/property damage case. Not possible to provide definitive answer without reading whatever documents you signed when taking the car in for service. Generally, it would seem that at the very least, the dealership has to obligation to protect your property while in their... Read more »

1 Answer | Asked in Social Security for Washington on
Q: Do disability lawyers have access to ny medical records
Susan Michele Schaefer
Susan Michele Schaefer
answered on May 24, 2023

No, disability lawyers do not have access to your medical records and neither does Social Security. You must sign a release for the medical provider to send the medical records to a third party, such as your lawyer or Social Security. For example, Social Security will ask you to sign form SSA-827... Read more »

1 Answer | Asked in Employment Law for Washington on
Q: If I am terminated from my employment for violating a work policy, am I allowed to request a copy of that policy?

My separation of employment states I violated a work policy that i have never seen of heard of or been trained on in the seven years I worked for the company.

Brad S Kane
Brad S Kane
answered on May 24, 2023

You can absolutely ask for a copy of the policy. You have a right to review the contents of your personnel file under RCW 49.12.240.

RCW 49.12.240 and 49.12.250 do not apply to the records of an employee relating to the investigation of a possible criminal offense. RCW 49.12.240 and...
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2 Answers | Asked in Employment Law for Washington on
Q: Am I allowed to request a copy of my verbal statement given to my HR rep if it was used as a reason for termination?

I gave a verbal statement to my HR rep of an incident that occurred over the course of 10 days at my place of employment, advised the notes the HR rep typed up would be sent to me for review and signature. I was then fired for not mentioning a part of the incident during my verbal recollection of... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Terribly sorry to hear about your experience and condolence on your friend's death. Many states have laws that provide an employee with a right to see anything in the employer's file about them, which would include these notes. Under these laws you don't have to file a lawsuit, you... Read more »

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2 Answers | Asked in Personal Injury for Washington on
Q: I’m almost 62 and am interested in suing my childhood sexual abuser. Is it possible?

At age 8 our next door neighbor sexually assaulted me in front of his sister. Is it possible to still hold him accountable? I think by his personality type he would want to settle out of court monetarily in order to keep it all hush hush. I would need contingency based. I am realizing this is... Read more »

Steve Dashiak
Steve Dashiak
answered on May 16, 2023

It is possible, but there might be some practical limitations in play here. It completely depends on the circumstances and the extent of the abuse. An abuse case doesn't have these limits if there was some sort of agency (school, church, DSHS) that knew or should have known about ongoing abuse... Read more »

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1 Answer | Asked in Criminal Law, DUI / DWI, Car Accidents and Employment Law for Washington on
Q: Will a vehicular assault charge always disqualify you from working with children/vulnerable adults? Other jobs?

I was convicted of vehicular assault 11 years ago, since it never leaves my record will it always show on a background check? I am looking into switching jobs but I am unsure of what restrictions this charge still has.

Stan Glisson
Stan Glisson
answered on May 9, 2023

Most times Vehicular Assault would be eligible to vacate after ten years. You might want to consult with an attorney to see if you are eligible.

It's not a "crime against persons" so in most contexts wouldn't be an automatic disqualification. But certainly would look...
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1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Washington on
Q: Is marijuana in a recreationally legal state considered illegal if probation states no illegal drugs allowed?

I moved here on an interstate compact from Oklahoma to Washington. My stipulations on probation state no controlled substances without prescription or illegal drugs. Since marijuana is recreationally legal in this state and my stipulations aren't specific, only typical rules for anyone on... Read more »

Aaron A. Pelley
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Aaron A. Pelley
answered on May 7, 2023

Short answer, no. Unfortunately, the legislature has specifically decided that people who have committed crimes do not deserve one of the safest drugs that is available for treating a number of medical conditions. The provision for medical cannabis specifically calls it out by saying, "... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Washington on
Q: What are the chances of getting a domestic violence assault in the 2nd dropped to 4th if I complete a dv class w/o order

I have no previous record,girlfriend and I got into argument she started kicking me so I grabbed her by the back of the neck and pushed her aside so I could leave. I immediately called 911 and explained what happened and told them where I'd be since I was leaving home to avoid it escalating.... Read more »

Cristine Beckwith
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Cristine Beckwith
answered on May 6, 2023

Hello, unfortunately it’s not a simple process to reduce a felony to a misdemeanor or to convince the prosecutor to drop charges…even if the alleged victim doesn’t want the charges. Sometimes an effective self-defense argument can be made….but a criminal defense attorney should carefully... Read more »

1 Answer | Asked in Contracts, Business Law, International Law and Internet Law for Washington on
Q: Amazon closed my account, can reinstate it?

amazon kdp closed my account on 01-12-2023. With 22,000$ three pending months, I have been a publisher with Amazon KDP since 2019 and have worked hard over the past four years to establish myself as one of the best-sellers in the children category. Unfortunately, due to a mistake on my part, I have... Read more »

James L. Arrasmith
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answered on May 5, 2023

If your Amazon KDP account was closed due to policy violations or negligence on your part, it may be possible to reinstate your account by contacting Amazon KDP support and explaining your situation. You will need to provide evidence that you understand the policies and have taken steps to correct... Read more »

1 Answer | Asked in Landlord - Tenant for Washington on
Q: Can my landlord make me pay using a cashiers check after one returned rent payment?

My lease states after 2 returned bank items a cashiers check or money order will be required. Before I signed my lease I had 2 application fees fail because I used a credit card. I found out after that you couldn’t use a credit card on their system. I’ve had only 1 returned bank item since... Read more »

Brent Bowden
Brent Bowden
answered on May 4, 2023

RCW 59.18.063 requires that a landlord accept a personal check, cashier's check, or money order. Except that they do not have to accept a personal check if one has been returned NSF in the last 9 months.

https://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.063

So, under the...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Washington on
Q: What constitutes a insolvent estate? My father passed away leaving his property to with a attached mortgage.

He also left a life insurance to me that was to go to pay off mortgage. The Life insurance claim was denied. He has a large amount of money in bank acct he left to another family member. Can that money be used to help payoff mortgage?

Brent Bowden
Brent Bowden
answered on May 4, 2023

An insolvent estate is an estate where the debts exceed the assets. In other words, the estate is not going to have the ability to pay all of its creditors.

The question of whether money left to a specific beneficiary can be used to pay the debts of the estate (like the mortgage) is...
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1 Answer | Asked in Probate for Washington on
Q: The executor of an estate is stating that the beneficiary of an annuity is not who it states on the annuity what can Ido
Anthony M. Avery
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Anthony M. Avery
answered on May 4, 2023

The named beneficiary of the annuity death benefit needs to make a claim with the insurance co. directly. Usually annuities are not estate assets but an estate fiduciary will administer them as additional duties since they have letters. If no results quickly,then sue the ins. co. for the money... Read more »

2 Answers | Asked in International Law and Probate for Washington on
Q: My mother lives in Sydney, AU with my brother but is also a legal resident of WA state. We need to file a will. How?

She lives in Sydney, NSW, Australia.

Is a US citizen and has a home in Mill Creek, WA.

Need a will.

How to file? Foreign will and file in WA or have WA will and will a JP suffice as a notary?

Keith Armstrong
PREMIUM
Keith Armstrong
answered on May 1, 2023

Your mother can file her Last Will & Testament in Washington State under RCW CW 11.12.265 prior to her death. The cost is $20. Your mother or proper attorney-in-fact or guardian can withdraw that Will anytime with proper identification. Having it witnessed with two persons makes it legal,... Read more »

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2 Answers | Asked in International Law and Probate for Washington on
Q: My mother lives in Sydney, AU with my brother but is also a legal resident of WA state. We need to file a will. How?

She lives in Sydney, NSW, Australia.

Is a US citizen and has a home in Mill Creek, WA.

Need a will.

How to file? Foreign will and file in WA or have WA will and will a JP suffice as a notary?

James L. Arrasmith
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answered on May 5, 2023

To create a valid will for your mother, you will need to follow the laws of both Australia and the state of Washington.

First, your mother should consult with an attorney in Australia to create a will that complies with Australian laws. This will ensure that her assets in Australia are...
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1 Answer | Asked in Personal Injury, Health Care Law and Car Accidents for Washington on
Q: Does a Proof of Representation or a Consent to Release allow an insurance adjuster access to all of my medical records?

I am in the middle of negotiating a settlement amount with the at fault drivers insurance company and they have sent me a Proof Of Representation and a Consent to Release form saying I have to fill out both in order to receive my settlement check. I am a Medicare recipient but have kept my... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 27, 2023

A Washington attorney could advise best, as it's possible some claim forms might be state-specific. In terms of release of medical records, a HIPAA form is generally used. Such forms generally provide for selection of the scope of medical information to be released (range of dates of service,... Read more »

1 Answer | Asked in Landlord - Tenant for Washington on
Q: When are you required to renew your lease in Washington state?

Hello, we live in Washington state. We are currently leasing a home and our lease ends July 31 of this year. Our landlord is requesting that we renew or lease in two days otherwise he will begin looking for other tenants. We are trying to determine if purchasing a home would be a better option but... Read more »

Brent Bowden
Brent Bowden
answered on Apr 26, 2023

Unless your rental is in a jurisdiction with its own set of rental protections, RCW 59.18.650 is the statute that likely answers your question. The answer is going to depend on the type of lease you have and the language used in the lease.

If your initial lease is what expires on July 31,...
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1 Answer | Asked in Business Formation and Business Law for Washington on
Q: I have a sole proprietorship business but would be safer to have an LLC for liability reasons?

I have a sole proprietorship plumbing business but have been told by other business owners lately that I should have gone with an LLC. I am fully insured, bonded, and licensed but I want to make sure that will protect my personal assets if something does happen one day. I have been researching how... Read more »

Brent Bowden
Brent Bowden
answered on Apr 26, 2023

An LLC can certainly provide an additional level of protection for your personal assets, when properly set up and properly run. But, as you pointed out, you would likely need to open a new bank account and set up your license, insurance, bond, etc to reflect the LLC. Some of those things you might... Read more »

2 Answers | Asked in Bankruptcy for Washington on
Q: I am considering filing chapter 7 bankruptcy. Do I have to file with my wife, or can I file by myself?

We live in WA state. Debt is personal loans and credit cards. The personal loans are in my name alone. I am the owner of the credit cards, but my wife is a co-borrower. She has no income and has had no income for over 8 years. Would I have to file bankruptcy with her? If I file alone, could... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 26, 2023

You can file for bankruptcy relief singly (her income would be considered in a determination of "abuse of the bankruptcy system", but you appear to be exempt from that).

If you file a Ch. 7 case, there is no legal protection in a bankruptcy that covers her. In a Ch. 13 case, the...
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1 Answer | Asked in Personal Injury, Car Accidents and Health Care Law for Washington on
Q: Why is someone listed as working at one law firm and can't be found on the website of a firm who I originally spoke to??

Firm A had recently contacted me about representing me for my injury case. I have done research on both firm A itself as well as the named attorneys B, C, D, & E who make up Firm A. About a week or so ago, I was suddenly contacted by a new attorney, F, who was familiar with my specific case,... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2023

A Washington attorney could advise best, but your question remains open for three weeks. There are a couple of possibilities. Attorneys regularly join and leave law firms. Sometimes firm websites might not reflect staffing changes quickly. Also, some law firms have relationships with "of... Read more »

1 Answer | Asked in Elder Law, Estate Planning and Probate for Washington on
Q: Can my mom lose her home to medicaid if she gifts it to her minor grandchild before apply for assisted living or HH?

My mom doesn't want to lose her home but wants to avoid a trust. She needs to apply for home health or assisted living but they told her she will need to sign her home over to them. Her home is paid off. If she can how should this be done with her miner grandson being under 18?

Thank... Read more »

Keith Armstrong
PREMIUM
Keith Armstrong
answered on Apr 12, 2023

More than likely you mom's home will be vulnerable to Medicaid attachment. If she keeps the home, they can require her to turn it over to pay for her future care. If she transfers it, sells, quit claims it to her grandson, Medicaid will have a "lookback period" either 3 years or 5... Read more »

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