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Charity Anastasio's Answers
- 46 Legal Answers
- 3 Legal Guides
2
Attorney answers:
Am I Liable for Deceased Spouse's Credit card Debt in WA?-even though the company tells me I'm not.
I'm sorry for your loss. You are able to probate your husband's will yourself, if you wish. Washington law is user friendly, inexpensive, and relatively quick. See RCW Title 11. This would resolve your debt issues, by putting the onus on the creditors to make their claims against his estate, once you properly notified them of his death. Then you, as personal representative (PR) (also called executor in some states) would only pay those claims that were valid. You likely are liable for...
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2
Attorney answers:
Child support and visitation
I'm sorry to hear you are in this distressing situation. Your ex-girlfriend cannot deny you visitation as retaliation for your failure to pay. She is in contempt of court. You should file with the court to find her in contempt and also to modify your child support order, if your circumstances have changed and you are unable to pay the child support. Go to http://www.washingtonlawhelp.org/WA/index.cfm and click on Family Law for a list of subjects. There is contempt and child custody and these...
1 person marked this answer as helpful
2
Attorney answers:
Can i get a parenting plan even if my daughters father and i were never married? if i can are there low cost plans?
You can devise a Parenting Plan and file for Child Support even though you were never married. Has paternity been established? If not, it will need to be. The court orders a DNA test. Realistically it is true that the court can't require your ex-boyfriend to pay more than he makes. The old can't-get-blood-from-a-turnip story. The court assesses how much each parent makes and divides the financial responsability based on % of ability to support. Pro se clients (those representing themselves...
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1
Attorney answers:
I would like to know if it's possible to gain custody of my 13 yr old granddaughter. Both of her parents are in and out of jail
Yes, you can gain custody of your granddaughter through a number of avenues with different levels of formality and committment. You can: 1) Have an informal agreement with her parents where they grant custody to you; but they can always change their mind in this circumstance 2) File a nonparentaly custody petition to gain custody through the court. Her parents stay her parents, but if you win, they will not be able to gain custody back unless they petition the court and can prove that what...
1 person marked this answer as helpful
1
Attorney answers:
I need a letter of guardianship
I believe we need more information to answer your question. Is your mother deceased? Guardianship of whom? Is the trust testamentary (in a will)? Who is the trustee? If it is testamentary, has the will been probated? How did you conclude you needed a "letter of guardianship"? Answers to these questions should help.
1 person marked this answer as helpful
3
Attorney answers:
Effect of my son's divorce on my Will
Did you have an attorney draft your will? If so, an attorney should be able to draft a codicil (a will revision without doing a whole new will) to make any necessary changes. I concur with the second attorney that your ex-daughter in law would still be a beneficiary, if there is no provision in the will requiring that son and daughter in law still be married. However, even if there is a provision, I think this opens your will up to expensive court challenges that should be avoided....
1 person marked this answer as helpful
3
Attorney answers:
WA real estate laws on adverse possession
I would only add that you can't claim adverse possession her because the HOA gave you permission. This eliminates the hostility element and you must fulfill all the elements of adverse possession to be successful under that doctrine. However, contract law has a plethora of remedies for cases such as yours. Consider alternative dispute resolutions like arbitration and mediation too, as they are less costly and adversarial than bringing suit. And they get resolved sooner.
1 person marked this answer as helpful
1
Attorney answers:
Storage and sale of tenants property
Washington Superior Courts are courts of general jurisdiction, so you can file there and they are able to hear your case. You sound like you have the RCWs under control, but are struggling with the proceedural rules. Look at the Washington Rules of Civil Procedure and the Local Rules for your area. Many legal aid organizations help tenants with landlord tenant issues, because so many of them are filing pro se (like you) and they often do not have diposable income. For example, I know King...
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2
Attorney answers:
Medicaid entitlement
Columbia Legal Services has a list of very experienced attorneys who do Medicare/Medicaide planning. You can get it by calling them. Special Needs Trusts need to be established before you are 65, if you are entitled to the funds (i.e. funds will come from you, an inheritance, investments, etc.). I am in Kirkland, but may be able to help. Feel free to email.
1 person marked this answer as helpful
1
Attorney answers:
4th degree assaul domestic violence
Fourth degree assault is a gross misdemeanor. Generally gross misdemeanors have a statute of limiations of two years. However, a prosecutor can consolidate different charges over a longer period of time and the statute of limiations of the last incident will apply to them all, if they are connected is some way. Further, a prosecutor is not limited to bringing a 4th degree assault, if he or she believes there are grounds for 1st, 2nd, and/or 3rd degree assault also. These degrees are...
1 person marked this answer as helpful