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1 Answer | Asked in Probate for Washington on
Q: My mom made will in 2007 and left all to me. In 2011 she changed will and took me off and left all to my brother. She

She passed Mar 6 2021 and brother has not filed the will in probate court. It is 5 months passed now and somebody told me that will is not valid since he did not file it. Is that true and if so, would the first will be valid then or would it be as if she passed without a will at all? In either... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 10, 2021

If no will is filed for Probate, your Mother dies Intestate, with the heirs at all and next of kin owning her assets. Hire a competent WA to determine if an Administration is needed, or whether the present Intestate Succession is satisfactory.

1 Answer | Asked in Car Accidents and Criminal Law for Washington on
Q: Looking for a pro Bono/low cost lawyer to support a young black male who has been sentenced a heavy 9 years.

This individual was sentenced 9 years. He is adopted by a loving family and was charged standing up and protecting his special needs brother who was being assaulted. He is 24 now and was sentenced at 21. His father passed away while incarcerated and his adoptive mother has four kids and a grand... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 10, 2021

Only a Washington attorney should advise here, but your question remains open for a week and it looks like you are losing valuable time. Time is of the essence here - your friend could look into whether he qualifies, based on financial need, for defense through the Public Defender's Office.... Read more »

1 Answer | Asked in Traffic Tickets for Washington on
Q: Just received a ticket from an infraction that happened 8 months ago
Stan Glisson
Stan Glisson answered on Aug 9, 2021

Make sure you respond (or hire a lawyer) right away. The ticket probably tells you that you have 14 days to respond, and if you miss that deadline it will be found committed by default.

1 Answer | Asked in Immigration Law for Washington on
Q: I have a 5 year multiple-entry B2 visa. Can I travel to Mexico and get 6 months more on return to US.

I am an Australian citizen with a 5 year multiple-entry B1/B2 visa. I arrived in the US in early April, 2021 and the passport was stamped at the airport. The officer wrote a date on the stamp for early October.

If I travel to Mexico for a weeks holiday in September and return to the US,... Read more »

Agnes Jury
Agnes Jury answered on Aug 6, 2021

There is no way to predict how long you will be granted to stay upon re-admission and no guarantee that you would be allowed to re-enter in the first place. You have to convince the border patrol officer that you are entering the US for tourist purposes, have the financial means to do so, and... Read more »

1 Answer | Asked in Employment Law for Washington on
Q: How may I get a free affidavit form
Brad S Kane
Brad S Kane answered on Aug 3, 2021

Try Googling Washington State Free Affidavit Form

You can go to the link below and copy the information, which is for a free self-proving affidavit for a last will and testament

https://freeaffidavitform.com/2011/05/free-washington-affidavit-forms.html

There is no guarantee...
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1 Answer | Asked in Estate Planning, Elder Law and Probate for Washington on
Q: A will was drawn up by an attorney who allowed a felon to be an executor Is he liable ?
Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Aug 3, 2021

Probably not. An attorney that drafts a legal document for a client needs to put down what the clients wishes are in the document, but does not have a legal obligation to make sure the people listed by the client are appropriate choices.

On another note, many states have a statute that...
Read more »

1 Answer | Asked in Patents (Intellectual Property) for Washington on
Q: Patent: I want to patent a projectile based off the 9mm luger. Can I patent a projectile using the same dimensions?

The impact lead has on shooting ranges is devastating to the local environment. The goal would be to produce ammunition that could be used in common calibers. This ammunition would comprise of materials that could be broken down naturally and with low to no impact on the environment and ground... Read more »

Carl Massey Jr
Carl Massey Jr answered on Aug 2, 2021

Sounds like the composition of your projectile is what will be relevant. Dimensions would not seem to be the issue. If you're projectile composition is novel and nonobvious, then you may be able to obtain a utility patent. I'd be happy to discuss.

2 Answers | Asked in Criminal Law for Washington on
Q: what is the sentence for the crime assault in the 4th degree
Cristine Beckwith
Cristine Beckwith answered on Aug 1, 2021

0-364 days in jail. It is a good idea to contact a criminal defense attorney to fight the charge.

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2 Answers | Asked in Bankruptcy for Washington on
Q: Bankruptcy Ive a creditcard& a carpmt from same credit union. If I file can they sue me or can those be included in ch7

So I have my car and credit card from the same credit union. And I am not able to afford either payment. Hints trying to file chapter 7. If I file would I be able to get both of them written off? Or will they go after me and sue me for filling?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jul 31, 2021

No one can hope to prevail by claiming some sort of damage simply because you have filed for bankruptcy relief. If you meet the eligibility requirements for the bankruptcy chapter of your choice, you're bullet-proof from any such claims.

However, it may be that some creditor may seek...
Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Communications Law for Washington on
Q: Why did I receive a “Notice of Interception Of Oral Communications Inventory” from the prosecuting attorneys office ?

It looked like a court order signed by a judge and was sent to me certified from the prosecuting attorneys office. It listed a 5 day period this last November for when it was approved by the judge for intercepting my oral communications. I am so confused as to why I would receive this out of the... Read more »

Cristine Beckwith
Cristine Beckwith answered on Jul 21, 2021

If you have not done anything wrong, it is possible that you have unknowingly communicated with a person who is being investigated for a very serious crime.

2 Answers | Asked in Personal Injury and Tax Law for Washington on
Q: As the title holder am I held liable for what the registered drives does? Accidents? Death?

My brother wants to transfer multiple vehicle titles into my name to avoid them being seized for child support payments.

Steve Dashiak
Steve Dashiak answered on Jul 21, 2021

A better question would be "am I committing fraud if assets are transferred in my name solely for avoiding creditor payments". The answer would be YES.

There's something called the Uniform Fraudulent Transfer Act. It's called the Uniform Voidable Transfer Act in...
Read more »

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2 Answers | Asked in Personal Injury and Tax Law for Washington on
Q: As the title holder am I held liable for what the registered drives does? Accidents? Death?

My brother wants to transfer multiple vehicle titles into my name to avoid them being seized for child support payments.

Vincent J. Bernabei
Vincent J. Bernabei answered on Jul 21, 2021

As the owner of the vehicle, you are generally liable for the actions of persons you permit or allow to use the vehicle. You do not want your brother's legal and financial problems to become your legal and financial problems. Steve Dashiak's answer is spot on. There's an old... Read more »

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4 Answers | Asked in Car Accidents and Personal Injury for Washington on
Q: I need advice on starting negotiations for my pain and suffering settlement because of a car accident.

Arbitration determined the other party was 100% at fault. dash cam footage shows the driver turned sideways on the freeway right in front of us. My husband was driving, I was in the front passenger seat and our 13 month old daughter was in the back in her carseat. We all went to the ER, but not via... Read more »

Justin Mishkin
Justin Mishkin answered on Jul 21, 2021

Good morning. My answer will be general in nature. The demand amount would typically depend on the specific facts surrounding your case. It appears you , your husband and your child may all have claims. Since the child is a minor, there may be additional consideration in making the demand.... Read more »

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2 Answers | Asked in Bankruptcy and Divorce for Washington on
Q: Can I go bankrupt post divorce to avoid paying a property settlement while still keeping my home? Chapter 13?

basically my wife has taken everything and I want to keep our home. I will have to buy her out, but will need to file chapter 13 after. Can I include this settlement to avoid having to pay her. I have already paid over $50K in alimony and $80K in attorney fees,

Timothy Denison
Timothy Denison answered on Jul 20, 2021

No. You cannot bankrupt a divorce settlement.

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1 Answer | Asked in Criminal Law and Domestic Violence for Washington on
Q: if cops are called for dv is the accused part going to jail
Cristine Beckwith
Cristine Beckwith answered on Jul 18, 2021

The accused person will often go to jail. However, it is not uncommon for the alleged DV victim who called 911 to end up going to jail. When the police investigate, people often unknowingly admit to crimes when telling their side of the story.

2 Answers | Asked in Criminal Law for Washington on
Q: Where do I go to get my possession of controlled substance charges dropped off my record
Stan Glisson
Stan Glisson answered on Jul 15, 2021

Easy answer is to call the lawyer who represented you. If that isn't possible, the public defender's office in the county where the conviction occurred can help you. In many counties, you can just call the prosecutor's office. Most of them have an assigned person or team who is... Read more »

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2 Answers | Asked in Business Formation and Trademark for Washington on
Q: Can I "do business as" the same name as a trademarked name in a completely different industry?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 7, 2021

Maybe

You need to consult with an attorney to review your options and risks

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1 Answer | Asked in Employment Law for Washington on
Q: I was fired for refusing to work off the clock. I have proof of my employer asking me to work off the clock in a text.

When I said I would not do the work off the clock but would on the clock he didn’t reply to my text. I came in to my workplace the next day and he fired me.

Carrie Dyer
Carrie Dyer answered on Jun 30, 2021

You should contact an employment law attorney in your area to discuss the details of your situation. It sounds like you may have a claim for retaliation under the Fair Labor Standards Act and/or state law.

1 Answer | Asked in Criminal Law for Washington on
Q: How can I get this 4 degree assault charge dropped?

For 3 months she has harassed me,Things built up Her & 7 yr old chanting 30+ TIMES MAKE HER MOVE,OVER & OVER I was having a hard day with my illness and talk to "other" people & myself,I found her standing at my door recording me and taking pictures,which the phone was shoved... Read more »

Patrick Owen Earl
Patrick Owen Earl answered on Jun 27, 2021

This sounds like a very frustrating situation. The prosecutor is the only person that has the authority to dismiss a criminal offense. You need to hire an experienced criminal defense attorney to represent you and see whether he could persuade the prosecutor to dismiss. This isn’t easy! This is... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: I’ve requested a raise from my employee but have not heard back, even though they said all raises would start June 1.

I requested a raise from my employer 2 months ago as part of my annual performance review, after 4 years of working for them and receiving no merit increases for the past 3 years. In a company-wide email in April, HR said all performance reviews and merit increases would take effect by June 1,... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 23, 2021

Based on what you've described, there is no legal violation. Your employer is not legally obligated to give you a performance review or merit increase. If they chose to do so, they can implement the raise at any time of their choosing.

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