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Washington Family Law Questions & Answers
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 Family Law and International Law for Washington on
Q: How do you know if your under RCW26.26A.415? Is there a list? WA

Also how does relate to

Family Law for foreign nationals?

James L. Arrasmith
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answered on Mar 19, 2023

RCW 26.26A.415 is a section of the Washington State family law statutes that deals with parenting plans and child custody agreements. It provides guidelines for the court to consider when creating a parenting plan or child custody agreement, including factors such as the child's age, the... Read more »

1 Answer | Asked in Family Law and Personal Injury for Washington on
Q: Statute of limitations

Hello, If there's a statue of limitations, and it's expired, but there's a lawsuit which was filed in a timely manner BUT dismissed without a prejustice due to client's communication issues (couldn't reach the client), can it be reopened?

Steve Dashiak
Steve Dashiak
answered on Jan 27, 2023

Yikes. You should fight like hell to have the Court reconsider the dismissal. And get a hold of the dang client! Whatever it takes. Pretend discipline from the bar is on the line.

You can re-file after the statute of limitations, but the case would likely be dismissed upon a motion by the...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Washington on
Q: Mother-in-law died a year ago- left me $50,000 I'm having a hard time receiving and I need to know what I need

The executor which is her brother Everett lawyer says the house needs to sell before I receive my money I don't think this is correct it doesn't state that in the will -will currently in Probate

Keith Armstrong
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Keith Armstrong
answered on Sep 22, 2022

Hello estate heir. The probate attorney and executor may be correct. If the estate does not have liquid cash, may have to sell hard assets to fund the inheritance. But more important is the priority of distributions. First, creditors and claims, expenses, legal, accounting fees and bills.... Read more »

1 Answer | Asked in Family Law, Immigration Law, Child Custody and Child Support for Washington on
Q: Wife keeping son in Philippines against my will, didn't let him return with me, can I stop her from taking son again?

When my wife (with a US green card) eventually returns with my son (Who is a US citizen) to America, can I prevent her from taking him back to the Philippines and keeping him there against my will again?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 21, 2022

In some cases a custodial parent has a primary decision making ability with respect to the minor's whereabouts.

For instance, if the second parent lost or never obtained an ability for shared parental responsibilities then one may not prevent a legally custodial parent from traveling...
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1 Answer | Asked in Family Law and Arbitration / Mediation Law for Washington on
Q: appealing to the court in CA to remove my name on sued list that I reside in WA

someone sued me and 2 brothers (they reside same CA state) about the money matter in the family. I would request to remove my name since I live out of the state.

Tim Akpinar
Tim Akpinar
answered on Jun 17, 2022

A Washington attorney could advise best, but your question remains open for two weeks. You may want to consider discussing this with a Washington attorney. It isn't fully clear if this is an arbitration (which is your posted category) or a formal legal action, possibly based on a long-arm... Read more »

2 Answers | Asked in Family Law, Domestic Violence and Landlord - Tenant for Washington on
Q: Where can I find a pro bono lawyer for a power of attorney

I'm the power of attorney for my dad but my mom keeps putting protection orders against me so I'll stop me from seeing my dad and I need legal advice about me being a power of attorney and what can I do my mom's trying to sell his house and put him in a home and he wants to die in... Read more »

John Michael Frick
John Michael Frick
answered on Apr 7, 2023

The Washington State Bar Association provides the following resources for pro bono and low-cost legal assistance for its indigent population:

https://www.wsba.org/for-the-public/find-legal-help

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1 Answer | Asked in Family Law, Real Estate Law and Civil Rights for Washington on
Q: My daughter and I own home 50/50 it's paid off. She just moved back in, away for 15 yrs.Can she remove all my things?

No notice. I've lived here 30 yrs. She thinks that violating me is her rite. The house needs to be cleaned but we can do it together.What are the laws with sailing a home wear a mentally disabled person has lived their whole life. Does that person have any rights?

Anthony M. Avery
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answered on Mar 24, 2023

You may want to file an Action for a Sale For Partition.

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Washington on
Q: My case got picked up from CPS two days ago I signed the papers to the terminate my parental rights what can I do?

My kids were taken by CPS on July 19th 2019, I was required to do services and complete them and do random UA's cuz I had a drug problem. At that time it was hard for me to even get in to services due to the coronavirus recently started. When I was able to get in to Services I stayed doing... Read more »

Patrick Owen Earl
Patrick Owen Earl
answered on Mar 3, 2023

I am a criminal defense attorney. From what you are talking about you need a dependancy attorney. Good Luck

1 Answer | Asked in Estate Planning, Family Law and Probate for Washington on
Q: I am seeking information on how to handle a probate concerning an estate, wills for my family.

I am seeking information on how to handle a probate concerning an estate, wills for my family. This involves a brother who passed on 2/5/2023 leaving without a will, a partner of 20 years and two sisters.

All will need wills and one a will update.

Sincerely

Anthony M. Avery
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answered on Mar 2, 2023

Consult with a WA attorney. Determine whether Probate is necessary first, then proceed .

2 Answers | Asked in Criminal Law and Family Law for Washington on
Q: I have a detective and adult services checking on my mom because she took out 50,000 out of her bank America account

My m moved in about 6 months ago and got a settlement and I went to the bank with her about 2 months ago and she withdrawn 50 thousand and now I have a detective and adult services at my door what should I do I haven’t done anything wrong my moms old doctor ordered her to get tests done for some... Read more »

Jason Powers
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answered on Apr 14, 2022

You need to call a lawyer. APS thinks you had her get the money for your benefit. They might try and remove her from your care and send charges to a prosecutor. I suggest you call a local criminal law attorney and meet with them. This need to be done before you and or mom meet with them. Also,... Read more »

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1 Answer | Asked in Family Law and Tax Law for Washington on
Q: What can you do if your divorce papers say you can claim your child odd years and your ex disregards this and claims her

His ex is saying it’s whoever filed first gets to claim her but the divorce papers state she gets even years and he gets odd years

Laura Helen Fitzgibbon
Laura Helen Fitzgibbon
answered on Mar 6, 2022

You can bring them in for a contempt hearing for violating the child support order. In your declaration, I’d attach the email or text messages where your ex made these statements. Please reach out if you need representation!

1 Answer | Asked in Family Law and Probate for Washington on
Q: How do I start the process to be the person to make my mother's decisions? She is not mentally able to make decisions.

I am not able to care for her, and she is needing care daily whether it have to be 24/7 or just a person during the day. She has nothing, no home, and did receive SSI until she mentally couldn't remember to do her reviews, paperwork etc they won't allow me to speak for her. She need... Read more »

Renee Louise Roman
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answered on Feb 26, 2022

In order to make decisions for your mother, you will need to be appointed as her guardian, unless she has an existing power of attorney naming you as her attorney in fact. If she previously executed a power of attorney, you should have this reviewed to see what decisions you are able to make on her... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Washington on
Q: Case on UCCJEA and UIFSA. California is the home state of the children and mother. Washington is the home of father.

Need help with our case. The children live in california. They were born in Mexico. They moved to California in 2015 with their mother who chose not to allow contact with my husband as soon as she arrived in the US. My husband moved here to Washington from Mexico in 2010 so has have never lived in... Read more »

Zachary C Ashby
Zachary C Ashby
answered on Feb 10, 2022

For child support, the state where the children live is where jurisdiction is proper. If the children live in California, California has full power to establish a child support obligation and require your husband to pay.

UIFSA and UCCJEA are what are known as uniform law. They are created...
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1 Answer | Asked in Family Law and Tax Law for Washington on
Q: Can non custiodial claim child on taxes if he didn't pay childcare or medical expenses court ordered too throughout year

In previous order if child support was in arrears he couldn't claim. That was forgotten in new orders. It does state he claims oldest. I have paid all childcare and medical expenses while he refused to follow orders. Support enforcement is garnishing but I have to wait until next year to file... Read more »

Zachary C Ashby
Zachary C Ashby
answered on Feb 10, 2022

This all depends on what your child support order states. If the child support order places conditions on claiming the tax benefit, he must meet those conditions.

If there are no conditions, he can claim because the order says he can.

Now, if he owes money, all you need to do is...
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1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Criminal Law and Family Law for Washington on
Q: Constitutionality of No-contact Order barring Pro Se access to Superior Courthouse? Hypothetical situation/timeline.

-Dist.Court signs a no-contact Order restraining "R"espondent from entering "P"etitioner's workplace.

-P. works as a custodian at the Superior Courthouse where P.vs.R.'s Divorcew/child matter is heard.

-Both P.&R. are ProSe litigants.

-P.... Read more »

Zachary C Ashby
Zachary C Ashby
answered on Feb 10, 2022

Publicly posting information about your case--such as a confession or description of action--can be used against you in Court. No one should post this level of detail online.

As with all protective orders, the terms of the order must be strictly followed. There were other options such as...
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1 Answer | Asked in Family Law for Washington on
Q: Can a child be taken by mother back home to California if the temporary custody has ended in Washington

But my hearing is tomorrow

Zachary C Ashby
Zachary C Ashby
answered on Feb 10, 2022

That is possible if there are no other court orders conflicting with the child going to California.

1 Answer | Asked in Family Law for Washington on
Q: If dad is not listed on the birth cert does he need to be notified a of guardianship petition by maternal grandparents

Children were placed with maternal grandparents and we need to file to keep them until they are 18 or she is able to take them. None of the fathers are named on the birth certificates

Zachary C Ashby
Zachary C Ashby
answered on Feb 10, 2022

Yes. You can look at the requirements in RCW 11.130 states all the requirements for a minor guardianship. It makes no difference if the birth certificate is complete or not. You must give notice to both parents.

Now, if you are named the guardian for the minor child, you may also want to...
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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Washington on
Q: Wrongly served parenting plan

I live in Washington state and my daughters dad tried to serve me a parenting plan but he had it served at an address when I was not a resident. He served it to my friends apartment. When she was informed that it was for me she told the server I did not live there and she would not except so the... Read more »

Zachary C Ashby
Zachary C Ashby
answered on Feb 10, 2022

You are right that person service requires service at your place of residence or to you directly. So if someone attempted to serve you at a place you do not live, service was not proper. This is true even if your friend later delivers the documents to you.

But that doesn't mean you...
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