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Thuong-Tri Nguyen

Thuong-Tri Nguyen’s Answers

12,479 total

  • Need an Attorny to help me to get off the title of a house.

    Been divorced for 5 years. Need to get off of the title on my house that I have not lived in for over 10 years. House was awarded to wife. Please let me know how to proceed. Thank you. Chris

    Thuong-Tri’s Answer

    Getting off the title of a piece of real property in WA is relatively easy. The simplest method likely is via a quit claim deed.

    However, unless there is no mortgage on the property with your name on the mortgage as a borrower, you would still be liable for paying the mortgage even if your name is off the title.

    If the lender goes through a judicial foreclosure, a judgment can be granted against you even if the property had been awarded to the wife in the dissolution case.

    If the lender goes through a nonjudicial foreclosure, the lender usually forfeits any right to pursue deficiencies for the loan whose deed is used to foreclosed.

    You should review the specific facts with your attorney to find out your legal options.

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  • Is this legal in Washington state??

    Landlord withholding usps mail of recently evicted tenant in Washington state. Tenant left property within the deadline (completely vacated 2 days ago). Vehicle license plates arrived at address but landlords refuse to hand over tenants mail.

    Thuong-Tri’s Answer

    Mail through USPS is a federal issue.

    What you should do is contact the post office with the zip code the same as that of the rental. Interfering with the operations of the USPS can be charged as federal crimes.

    You do not have any right to go to the rental to pick up mail. You no longer live there. You no longer have any legal right to be there.

    You should file a change of address with the post office.

    Once contacted by you, the post office likely will contact the landlord to ask about the tenant's mail. The process likely will take weeks.

    Theoretically, the landlord can claim to be holding onto abandoned property. Under the WA Residential Landlord-Tenant Act, the landlord is authorized to charge the tenant fees before releasing the abandoned property to the tenant. I have no idea how the court would decide that claim.

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  • H1B transfer rejected. Can I leave the US and re-enter with a Tourist visa (ESTA)?

    H1B transfer rejected. Can I leave the US and re-enter with a Tourist visa (ESTA)?

    Thuong-Tri’s Answer

    "Can I leave the US and re-enter with a Tourist visa (ESTA)?" Not only can you leave, you must leave or you will accrue unlawful presence in the US.

    Whether you can re-enter the US depends on the border inspector you encounter as you are coming into the US.

    The border inspector likely will be thinking "why should I let this person in when the person has just left the US?"

    Unless you can convince the border inspector that you have really good reasons to be in the US and that you will leave on or before your authorized stay, the border inspector is not going to let you in.

    You should review the specific facts with your attorney to find out your legal options.

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  • Can I get that money back. I have divorce papers ready for him to sign saying I don't pay his debts .

    I filed my taxes with my soon to be ex husband, even though we haven't been together in 18 months and he wasn't employed for 2015. The married filing joint provided a better refund , so I could pay for the divorce he refused to pay for. The chil...

    Thuong-Tri’s Answer

    WA (and TX) is a community property state. I do not know the specifics of TX laws. However, in WA, wages earned during marriage belongs to both spouses even if only one is working.

    The child support appears to be for his own children who are not also your children. So, the arrears likely are his separate debts.

    Your mistake likely was not realizing that any tax refund for a return with his name attached is subject to being intercepted for back child support.

    You should review the specific facts with your attorney to find out your legal options.

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  • Can i sue her to get the house that is rightfully mine?

    me and my gf wanted to move and get are own place, but my mom made a deal with us and said if we stay and pay rent untell the house was paid off about another 4 years. that we would own that house in the duplex and she would own the other one. but...

    Thuong-Tri’s Answer

    Why would paying rent turns you into the owner of the rental property? Unless what you were paying was way over the fair market value for rent, all you were doing was paying rent. Wherever else you would have lived, you would still have to pay rent.

    Moreover, you likely do not have a written contract for whatever deal you are alleging you have with your mother. In WA, a deal for real estate has to be in writing for the deal to be enforceable.

    You should review the specific facts with your attorney to find out your legal options.

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  • Failed Divorce Mediation

    After spending 6 months in mediation my spouse has decided the agreement is not in her best interests. We now seem to be miles apart from the agreement we came at the end of November, and at this stage I don’t see any point in continuing with the...

    Thuong-Tri’s Answer

    "95% of the outcome is going to be pretty formulaic, in that one judge isn’t going to be radically different to another." That likely is a mistatement of reality as can be made.

    The judges are different. They have the legal ability to make decisions in which the legal choices may be opposites of each other.

    If the parties are not going to settle, mediation may turn out to be pointless. Mediation works only if the parties are open to settling.

    Presumably, you have an attorney representing you already. You should review the specific facts with your attorney.

    You always have the right to took with other professionals to get different perspectives.

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  • My mother's capable, what's the process to change Principal attorney or do we need to change based on the condition of current

    Hello, My mother currently has my older sister designated as the Principal power of attorney and I am first successor (RCW 11.94.010). My sister has fallen sick with cancer followed by a minor stroke leaving her with mental deficiency and physi...

    Thuong-Tri’s Answer

    If your mother is competent, she can re-do the power of attorney to reflect her current wishes.

    She should review the specific facts with her attorney to find out her legal options.

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  • What should I do with the money saved with my previous employer's 401K vendor?

    I just recently moved companies. My new employer works with a different 401K vendor than my previous one. What should I do with the money I have already saved with my previous employer? Should I keep the two accounts? Cash out the existing funds? ...

    Thuong-Tri’s Answer

    Trustee companies often charge maintenance fees if the funds in the account is below some amount. If you are or will be charged maintenance fees, you may have to factor in those fees to in your decisions.

    Usually, there is no requirement that you withdraw your money when you change employers. You should check with the trustee of your old employer's plan to see if you are required to withdraw.

    If you take out the money from a 401k before you are at least 59.5 year old, you will be charged a 10% early withdrawal penalty. You will also have to pay income tax on the funds. How much income tax depends on the rest of your tax information.

    Different trustees offer different investment options. If the options are not available with the new trustee and you like the options available with the old trustee, you may want to keep the money with the old trustee.

    You can rollover the 401k funds from the old employer into an IRA with a broker of your choosing.

    You can also check with the trustee of the new 401k whether it would allow you to rollover the funds from the old 401k.

    There are many factors to consider. You may want to review the specific facts with professionals.

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  • Is there anything he can possibly do to get put on the lease?

    A friend of mine is currently going through a divorce, and his current wife moved out of there place about 2 months ago. She told the people who they are renting the house from that she doesn't live there anymore and he was told that he is being e...

    Thuong-Tri’s Answer

    Is the full rent being paid on time? If your friend is not paying the full rent on time, why would he think he can stay in the house?

    Even if your friend is paying the full rent on time, he cannot move his girlfriend into the house without the landlord's permission. The landlord always has the right to know and approve who is living on the landlord's property.

    Your friend can live by himself in the house as long as he is paying the full rent on time until the lease is over and he has not divorced his wife. As the named tenant's spouse, he has the right to occupy the house.

    If "He has no job and is collecting SSI", he is probably not paying the rent or paying it in full on time.

    Your friend should review the specific facts with his attorney to see what his legal options are.

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  • Is there anything i can do about this and if so how?

    I have a 6 year old son whose mom i was never married to. Every tax year we switch off and on who claims him. This year is my year to claim him but his mom was making a fuss about it so we typed up a contract saying i would give her half of the ch...

    Thuong-Tri’s Answer

    Is there an order of child support for the son? If there is no order of child support for the son, you likely have no legal right to be claiming the child as a tax dependent.

    The IRS is a federal agency. It is not subject to the decisions of a state court. Under the IRS regulations, the custodial parent is the parent with whom the child spends most of the time.

    You wrote that you "had him 6 months out of the year". If every night of the year is counted, with which parent did the child spent more nights? Given that there were 365 nights in 2015, one parent must have had the child more.

    While the state judge cannot order the federal IRS to do anything, the judge can order the parents who are residents of the state to release a parent's claim to tax exemption for the child.

    If there is an order of child support stating that this is your year to claim the child, you file an motion with the court asking the court to find the mother to be in contempt for not following the court order.

    You should review the specific facts with your attorney to find out your legal options.

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