Washington Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Washington Questions & Answers
Q: Can I legally marry my girlfriend who's on a visitors visa and then file form I-130 and have the ceremony later?
Hector E. Quiroga's answer
Thank you for your question.
You can marry her in Australia. There is no issue with that. Many couples put off the ceremony for different reasons (i.e. finances, family, etc). and we have found this not to be objectionable. What you need to look for is for her entry. She may have issues with an entry with a tourist visa if she is married to a US. You may want to apply for a visa (spousal visa) after the marriage so you have the proper immigration documents for her entry.
I...
Thank you for your question.
You can marry her in Australia. There is no issue with that. Many couples put off the ceremony for different reasons (i.e. finances, family, etc). and we have found this not to be objectionable. What you need to look for is for her entry. She may have issues with an entry with a tourist visa if she is married to a US. You may want to apply for a visa (spousal visa) after the marriage so you have the proper immigration documents for her entry.
I...
Q: My husband & I have lived with my husband's grandparents for 4 years. The house is willed to their son.
Ben F Meek III's answer
Probably not. The only way I can think of would be if they conveyed some real property interest in the house to you during their lives. This could be a lease agreement (written) or a term of years or a life estate or several other types of interest. Other than a lease, these other arrangements are a little out of the ordinary. So you probably have no right or interest that would be enforceable against the other family. You should speak with an experienced probate or real estate lawyer in...
Probably not. The only way I can think of would be if they conveyed some real property interest in the house to you during their lives. This could be a lease agreement (written) or a term of years or a life estate or several other types of interest. Other than a lease, these other arrangements are a little out of the ordinary. So you probably have no right or interest that would be enforceable against the other family. You should speak with an experienced probate or real estate lawyer in...
Q: Mother arrested for 2nd offence DUI, she ran a red light and was struck by a vehicle, she denied her breathalyzer.
Jason Powers' answer
The cost to get her out (I assume you mean out of jail) is the bail amount. Check the website of the jail she is being held in and you should find the bail as it is set. If you do not have the full amount you can post 10% if you go through a bond company. Most bond companies are very efficient at getting a person out once they are hired. If money is an issue you may wait until the first appearance or arraignment and the attorney can request bail be lowered or for her to be release on her...
The cost to get her out (I assume you mean out of jail) is the bail amount. Check the website of the jail she is being held in and you should find the bail as it is set. If you do not have the full amount you can post 10% if you go through a bond company. Most bond companies are very efficient at getting a person out once they are hired. If money is an issue you may wait until the first appearance or arraignment and the attorney can request bail be lowered or for her to be release on her...
Q: A foreign company wants to purchase part of my LLC. Do I have to reform as a C-Corp?
1 Answer
| Asked
in
Business Formation, Business Law and Mergers & Acquisitions
for
Washington
on
Answered on Sep 15, 2017
Answered on Sep 15, 2017
Jonathan R. Roth's answer
You would have to elect to be taxed as a partnership or as a C-Corp. A foreign entity cannot own part of an S-Corporation. However depending upon the purpose of the investment and the nature of how you want to operate there may be an alternative set of structures to accomplish your goal.
You would have to elect to be taxed as a partnership or as a C-Corp. A foreign entity cannot own part of an S-Corporation. However depending upon the purpose of the investment and the nature of how you want to operate there may be an alternative set of structures to accomplish your goal.
Q: What to do if my spouse does not want to sign divorse papers?
Marc Andrew Moses' answer
When you say that your spouse will not sign divorce papers, I will assume that you have filed for dissolution, then tried to work out a settlement that you think is fair but he/she doesn't, so she won't "join" in the petition, which is what WA state calls it when the spouse agrees with the terms of the divorce you are asking for. Without your spouse's agreement, unfortunately you have to take further steps. Have you had a settlement conference? With a filed dissolution case, you can ask the...
When you say that your spouse will not sign divorce papers, I will assume that you have filed for dissolution, then tried to work out a settlement that you think is fair but he/she doesn't, so she won't "join" in the petition, which is what WA state calls it when the spouse agrees with the terms of the divorce you are asking for. Without your spouse's agreement, unfortunately you have to take further steps. Have you had a settlement conference? With a filed dissolution case, you can ask the...
Q: I loaned my friend my truck. She hit a car. No insurance on truck. Am I financially responsible?
Peter Munsing's answer
You can only have a bill of sale if you had in fact sold it to her on that date and that can be proven. Fooling around with dates makes you look shifty --or worse, and can cause other issues of a felony nature.
If she had insurance that should be next up. However, under most state laws if she has no insurance you should be paying for damage to the other vehicle. You can also get a suspension if you don't. Worth getting a consult from a local attorney who handles violations.
You can only have a bill of sale if you had in fact sold it to her on that date and that can be proven. Fooling around with dates makes you look shifty --or worse, and can cause other issues of a felony nature.
If she had insurance that should be next up. However, under most state laws if she has no insurance you should be paying for damage to the other vehicle. You can also get a suspension if you don't. Worth getting a consult from a local attorney who handles violations.
Q: Do we need to disclose asbestos for rental if under 0.01
Gregory Andrews Cade's answer
No. While landlords are required by law to disclose the presence of asbestos which implies a health hazard on the property, notifying tenants in this regard is no longer necessary if the problematic materials were adequately removed from the building. Therefore, since asbestos was thoroughly abated by a professional company and the air concentration is currently below the limit, you do not have to disclose this matter to future tenants.
No. While landlords are required by law to disclose the presence of asbestos which implies a health hazard on the property, notifying tenants in this regard is no longer necessary if the problematic materials were adequately removed from the building. Therefore, since asbestos was thoroughly abated by a professional company and the air concentration is currently below the limit, you do not have to disclose this matter to future tenants.
Q: A piece of medical equipment fell of the wall in a hospital I was in and hit me
Vincent J. Bernabei's answer
The hospital may be liable for your injuries if hospital personnel knew or should have known of the hazardous condition, or created the hazardous condition. You should consult with an attorney to determine the validity of your specific claim.
The hospital may be liable for your injuries if hospital personnel knew or should have known of the hazardous condition, or created the hazardous condition. You should consult with an attorney to determine the validity of your specific claim.
Q: What do I do if my trademark is in 606 - Abandoned - No Statement Of Use Filed
Benton R Patterson III's answer
It appears you missed a trademark prosecution requirement. This can happen when you file an intent to use application. You are required to submit proof that you used the mark in interstate commerce within six months of receiving a notice of allowance from the USPTO. It may be possible to revive the mark if it was recently abandoned. Otherwise you will have to start over with a new application.
It appears you missed a trademark prosecution requirement. This can happen when you file an intent to use application. You are required to submit proof that you used the mark in interstate commerce within six months of receiving a notice of allowance from the USPTO. It may be possible to revive the mark if it was recently abandoned. Otherwise you will have to start over with a new application.
Q: I was accused of pushing my disabled my disabled spouse what happens next
Jason Powers' answer
The next step is for a prosecutor to review the case for a charging decision. That can be quick or a lengthy period of time. If the decision is made to prosecute you will receive notice in the mail. This notice will tell you in which court to appear and what charges you face. If the prosecutor decides not to charge, they do not have to inform you. APS could also act and try to keep your spouse away if they believe she is at risk. I recommend you speak to an attorney who could inquire...
The next step is for a prosecutor to review the case for a charging decision. That can be quick or a lengthy period of time. If the decision is made to prosecute you will receive notice in the mail. This notice will tell you in which court to appear and what charges you face. If the prosecutor decides not to charge, they do not have to inform you. APS could also act and try to keep your spouse away if they believe she is at risk. I recommend you speak to an attorney who could inquire...
Q: My husband and I are getting a divore after 3 years of marriage because he is seeing someone else. I left the house
Jason Powers' answer
Are there any orders from the court preventing you from being in the home? If not, the likely answer is that you can go back to the house. If the house has been the family home for the three years of marriage and there is not a court order preventing you from going back you have as much right as your soon to be ex husband. Of course, I recommend you speak to a family law attorney so that your situation can be discussed in further detail.
Are there any orders from the court preventing you from being in the home? If not, the likely answer is that you can go back to the house. If the house has been the family home for the three years of marriage and there is not a court order preventing you from going back you have as much right as your soon to be ex husband. Of course, I recommend you speak to a family law attorney so that your situation can be discussed in further detail.
Q: Can my son's ex-wife get custody of his daughter, even thought she is not her mother,if something happens to him?
Vincent J. Bernabei's answer
If your son's ex-wife has had no contact with the child for more than three years, it is highly unlikely that the court would award her custody of the child. If your son dies, the child's mother, as the surviving biological parent, would have a preference in obtaining legal custody. If the bio mother is unfit or other circumstances exist that are highly detrimental to the welfare of the child, then the court would consider awarding custody to a third person. Your son should prepare an...
If your son's ex-wife has had no contact with the child for more than three years, it is highly unlikely that the court would award her custody of the child. If your son dies, the child's mother, as the surviving biological parent, would have a preference in obtaining legal custody. If the bio mother is unfit or other circumstances exist that are highly detrimental to the welfare of the child, then the court would consider awarding custody to a third person. Your son should prepare an...
Q: I bought some sticker logos legally on line. If I apply these logos to hats, can I then sell the logoed hats on ebay?
1 Answer
| Asked
in
Business Law, Contracts, Copyright and Internet Law
for
Washington
on
Answered on Sep 2, 2017
Answered on Sep 2, 2017
Barbara Berschler's answer
Do you intend to apply the actual logo stickers that you bought? In copyright, there is the First Sale Doctrine that provides that if a person buys an object having copyright protected material, the buyer can do what they want with the object. For example for a book, you could give it away or destroy it. But you may not duplicate/copy it. So while you may be able to sell the actual hats face-to-face with a customer, posting a picture of the hats showing the logo would result in you having...
Do you intend to apply the actual logo stickers that you bought? In copyright, there is the First Sale Doctrine that provides that if a person buys an object having copyright protected material, the buyer can do what they want with the object. For example for a book, you could give it away or destroy it. But you may not duplicate/copy it. So while you may be able to sell the actual hats face-to-face with a customer, posting a picture of the hats showing the logo would result in you having...
Q: Can I refuse a breathalyzer test if I'm pulled over on suspicion of DUI?
Jason Powers' answer
Yes, you can but you may be punished more for it. In Washington, if you refuse your breath test the state will try and inflict harsher penalties on you than if you blew. For instance: if this is your first offense, the penalties double the jail time from at least one day to two if refuse. Also, the fines increase and you could lose your license for 2 years, rather than 90 days or a year if you provided a breath sample. Also, the Department of Licensing will try and suspend your license for...
Yes, you can but you may be punished more for it. In Washington, if you refuse your breath test the state will try and inflict harsher penalties on you than if you blew. For instance: if this is your first offense, the penalties double the jail time from at least one day to two if refuse. Also, the fines increase and you could lose your license for 2 years, rather than 90 days or a year if you provided a breath sample. Also, the Department of Licensing will try and suspend your license for...
Q: can i enter a police department or a local sheriff station and ask them if i was under a investigation
Stan Glisson's answer
Certainly. However, if there is a possibility that they might arrest you, it might be wiser to call. Or better yet, hire an attorney and let him or her make the inquiry for you. That would also save you the risk of being asked potentially incriminating questions.
Certainly. However, if there is a possibility that they might arrest you, it might be wiser to call. Or better yet, hire an attorney and let him or her make the inquiry for you. That would also save you the risk of being asked potentially incriminating questions.
Q: We live in WA and would like to add adult children to two mortgaged homes. We live in one home. Do we need a Life Estate
Inna Fershteyn's answer
You need to do Estate planning and set up Revocable living trust (feel free to read more info on how Revocable trust operates on my website below it has comprehensive tutorials).
The best thing to do is to do a Triest, transfer all your real estate and bank accounts into such trust and leave it to your children after your death. The trust will avoid probate.
Feel free to call with additional questions.
Sincerely,
Inna Fershteyn
Law Office of Inna...
You need to do Estate planning and set up Revocable living trust (feel free to read more info on how Revocable trust operates on my website below it has comprehensive tutorials).
The best thing to do is to do a Triest, transfer all your real estate and bank accounts into such trust and leave it to your children after your death. The trust will avoid probate.
Feel free to call with additional questions.
Sincerely,
Inna Fershteyn
Law Office of Inna...
Q: What's the statute of limitations that the cops have to charge me?
Stan Glisson's answer
Depends on what the charge is.
(j) No gross misdemeanor may be prosecuted more than two years after its commission.
(k) No misdemeanor may be prosecuted more than one year after its commission.
RCW 9A.04.080.
For felonies, the "statute of limitations" is anywhere from 3 years to, well, forever.
Depends on what the charge is.
(j) No gross misdemeanor may be prosecuted more than two years after its commission.
(k) No misdemeanor may be prosecuted more than one year after its commission.
RCW 9A.04.080.
For felonies, the "statute of limitations" is anywhere from 3 years to, well, forever.
Q: I was stalked and assaulted in Costco. How do I obtain video of the incident they may have.
Stan Glisson's answer
The only way is probably to hire a lawyer who can issue a subpoena.
Or contact the local police department, the store will probably cooperate with a law enforcement request.
The only way is probably to hire a lawyer who can issue a subpoena.
Or contact the local police department, the store will probably cooperate with a law enforcement request.
Q: I don't understand why a small claims court only awarded me part of my destroyed property's true cost. They said it had
William Head's answer
Yes. Depreciation is legitimate. You can appeal, but I doubt you will prevail.
Yes. Depreciation is legitimate. You can appeal, but I doubt you will prevail.
Q: How long after being arrested do they have to charge and arrange you?
Stan Glisson's answer
It depends on the crime. The "statute of limitations" is different based on the severity level of the crime.
The shortest SOL is two years, so for even the most minor crimes they can take up to two years. In this area, 1 - 2 months is a very common delay in charging.
It is a good idea to talk to a lawyer prior to being charged, there are often things that can be done prior to the charging to get yourself in a better position to be charged with a lesser crime, or not charged at...
It depends on the crime. The "statute of limitations" is different based on the severity level of the crime.
The shortest SOL is two years, so for even the most minor crimes they can take up to two years. In this area, 1 - 2 months is a very common delay in charging.
It is a good idea to talk to a lawyer prior to being charged, there are often things that can be done prior to the charging to get yourself in a better position to be charged with a lesser crime, or not charged at...
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.
