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Thuong-Tri Nguyen

Thuong-Tri Nguyen’s Answers

11,329 total

  • I need to ask a probate lawyer few questions ,,,in a list i don't see this topic

    i have a deposition on July 15 in Seattle for a labor wages case my and my wife.My wife pass away on December 31 2014,I have a will to represent my wife in court and all mater's.We don't have any property assets or cash, my labor lawyer insist to ...

    Thuong-Tri’s Answer

    Your wife is not the WA Supreme Court. Only the WA Supreme Court can license a person to practice law in WA. Representing your (deceased) wife in court is practicing law.

    While you may have been appointed to handle your wife's estate, unless you are a licensed attorney, you need to hire an attorney to appear in court for you.

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  • My ex husband refuses to return the kids passports to me after a vacation. Is this illegal?

    I am the primary custodian and have always held the passports. He refuses to return them because he is upset that I am moving. he has not objected to the move but instead said he won't return them until the PP is settled by court. He is an inter...

    Thuong-Tri’s Answer

    Is there a provision in your many court orders that provide that you are to keep the children's passport? Who paid the application fees for the children's passport?

    If there is no court order that you keep the children's passport if the children are not traveling, there is no violation of any court order if the father keeps the passports.

    If you paid for the passport application fees, you can argue that the right to hold onto the passports is yours. The passports themselves belong to the US government. However, as the children custodian parent, you can argue that the passports should be kept by you.

    "He is an international and I am concerned that they will take the girls out of the country and not return them." Has he ever done or said anything to suggest that he would run off with the children? If not, then basing your concerns merely on the fact that "He is an international" is probably unwarranted.

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

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  • Does community property continue after death of spouse and disposition of her separate property to her children?

    My father and his wife lived in Washington State. She died and her personal property was distributed to her children, with the remainder going to my father. My father just died, and his late wife's son is now claiming that all of his assets are ...

    Thuong-Tri’s Answer

    "his late wife's son is now claiming that all of his assets are community property, to which he is entitled." Getting things for free is a strong motive for many persons to make up facts and laws. If we want to be charitable in not accusing him of being greedy, perhaps we can said that the son is just confused.

    The marital community ended when the wife died. Once the wife's estate is taken care of, what was distributed to the husband belongs to the husband to dispose of as the husband sees fit unless they had an agreement or the wife's will provide that the husband has only a life estate on the properties. That is, the husband can just the properties but that the properties would go back to the wife's estate when the husband dies.

    While is it legally possible to have life estates on properties besides real properties, it is rather unusual to have life estates on tangible personal properties. If the husband's estate is small, they likely did not go through the expenses and hassles of creating life estates on properties that have little value.

    What you should do is have the wills of both your late father and his late wife review to see what they intended to happen to the properties.

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  • Is this legal?

    I am 17 and currently live in Washington and I am romantically interested in a 19 year old who lives in California is me having a sexual relationship with him legal?

    Thuong-Tri’s Answer

    With you in WA and him in CA, there likely communication that is done through the phone or internet. If there are sexually explicit pictures or words, one or both of you likely are subject to criminal law violations under both federal, CA, and WA laws.

    In particular, sexually explicit pictures of a person under 18 is child pornography. If you take the pictures, some prosecutors will also charge you.

    The age of sexual consent in WA is 16. So, if you and he were to have sex in WA, he would not be subject to being convicted in WA of crimes that are commonly referred to as statutory rape.

    My understanding is that the age of sexual consent in CA is 18. There may be an exception when the ages of the persons are within a certain number of months of each other. You need to check on what CA laws are.

    A person taking a minor across state lines for sexual purposes is aggressively prosecuted by the federal prosecutors.

    If your parents object, they can get court orders restricting the boyfriend from having any contact with you. While you are under 18, you as a minor is subject to the legal control of your parents.

    "Is this legal?" is not easy to answer in your case. If you are almost 18, waiting a few months or weeks will solve practically all the potential legal problems regarding having sex with each other.

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  • Banned from Canada for driving on a suspended license in US until 2017. How can I reverse this?

    I've been banned, yes banned from Canada for quite a few years. Why? Driving on a suspended license around 2006. Now, you might be thinking to yourself that you or someone you know has this on their record and has gone to Canada. But, did they try...

    Thuong-Tri’s Answer

    You likely should review the specific facts with attorneys licensed in Canada as you are asking questions about Canadian laws.

    If Canadian laws are similar to those of the US, you do not have any right to be in Canada unless you are a Canadian citizen (or a member of certain Native American tribes).

    US border inspectors do not need any reason to not allow an alien to enter the US. Unless the inspector is doing something that is clearly wrong (such as admitting only women but denying admission for men), the inspector's supervisors are likely not going to override the inspector's judgment.

    Canadian border inspectors likely enjoy similar discretion in deciding who to let into Canada.

    Canada also has more stringent entry requirements than the US. Persons with certain criminal law history (such as driving while impaired) are prohibited from entering Canada unless they go through some special procedures.

    You can check with Canadian attorneys whether your criminal law convictions are in any category that are grounds for inadmission in Canada.

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  • Do i need to pay this settlement?

    I got caught switching a tag from $7 to $3 at the goodwill and they sent me a settlement offer of $303. Will they really press charges over a $4 "theft"? I paid for the item that they got for free, I just paid a lower price. Obviously I don't have...

    Thuong-Tri’s Answer

    "Will they really press charges over a $4 "theft"?" There are plenty of third degree theft charges filed everyday around Seattle. The prosecutors around Bellingham likely are not all that much different from those around Seattle.

    "I paid for the item that they got for free, I just paid a lower price." To be blunt, if you go to court with that attitude, the prosecutor and judge likely will give you a stiffer sentence. According to you, you committed a crime. If you are not remorseful, there is no reason why the prosecutor or judge should go easy on you.

    The settlement offer is to settle only the civil aspect of the case. In WA, the statutes allow a shopkeeper to sue an alleged shoplifter. The statutes provide several thousand dollars in fines, attorney's fees, and court costs against the shoplifter. Settling a potential case of several thousand dollars for $303 may be a very good deal.

    On another hand, most stores and their attorneys do not actually sue shoplifters if the civil demands are not paid.

    So, if you do not pay the civil demand, the store is probably going to send you a few more letters and then do nothing.

    On another hand, the store likely has already forwarded the information to the local police who will forward the information to the prosecutor. The prosecutor almost definitely will file a criminal law case against you.

    You likely will be charged with theft in the third degree which is a gross misdemeanor in WA. A gross misdemeanor in WA has maximum penalties of 364 days in jail, $5000 in fines, and probation.

    WA allows a compromise of misdemeanor in which the alleged victim of the crime can ask the court to dismiss the criminal law charges against the defendant. The victim does that usually because the defendant had paid or done something for the victim. That is, you can ask the store to ask the court to dismiss the criminal law charge against you in exchange for you paying the civil demand.

    You do not want to contact the store directly. You want an attorney to handle the compromise of misdemeanor for you.

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  • Can I file stolen property charges against my old landlord

    I left my washer and dryer with my ex wife that I was paying for from rent-a-center, she moved from the location and left them behind at the house we were renting. I have been paying, but she recently informed me that she no longer had them, I ret...

    Thuong-Tri’s Answer

    How is it the landlord's fault that your former wife left the washer and dryer at the rental when she moved out?

    "I returned to the property to retrieve them and they were gone." You apparently have not lived at the place for at least 7 months, why would you think that you are free to come onto the property?

    From your post, it sounds as if your former wife abandoned the washer and dryer. If the landlord gave the former wife proper notice to come pick up the things and she did not, the things belong to the landlord now, except for the wrinkle that the things actually belongs to the rent-a-center.

    Is there anything on the washer and dryer to indicate that they are rental things? If yes, the rent-a-center likely can retrieve the washer and dryer from the landlord.

    On another hand, the rent-a-center is probably not going to go through the hassles of getting the things from the landlord since getting money from you is probably easier for the rent-a-center.

    Have you contacted the landlord to see whether the things can be retrieved?

    Yo can try calling the police. The police likely will tell you to take the landlord to court.

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  • Do I have to pay for supervised visitations?

    I havent seen my son in two years. If I ever get visitaion I'm assuming it'd be supervised for a while. Is it true that I'd have to pay each visit?

    Thuong-Tri’s Answer

    "Is it true that I'd have to pay each visit?" Visitation supervisors usually do not work for free. Visitation is supposed to be for the benefit of the child. In theory, if the other parent has the financial ability to pay and you do not, the court can order that the other parent pay the supervisor. Unless the other parent is fabulously rich, the court is not going to order anyone but you to be paying the visitation supervisor.

    You need to have a very good explanation why you have seen the son in two years. If, for example, you were busy partying, the court is not going to look favorably on you. On another hand, if, for example, you have been deployed overseas the last two years, the court would not hold the lack of contact against you.

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

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  • Still legally married?

    Me and my husband are not currently living together and he says that under Washington law we are no longer married. How is that possible if a divorce hasn't been granted?

    Thuong-Tri’s Answer

    "he says that under Washington law we are no longer married." Where did your husband go to law school and when did he obtain a license to practice law? That is, what would be the reason why you would trust that your husband can authoritatively say what the law is?

    I can say definitively that your husband is 100% wrong.

    Nowhere in the US are two legally married spouses stop being legal spouses of each other merely because they no longer live together. While some states still allow the formation of common law marriages when two persons live together as spouses without going through the statutory procedures, no state allows common law "divorces". Throughout the US, two persons legally married to each other are no married with each other when one of them dies or there is a court order dissolving their marriage.

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

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  • Do I need an attorney to sue greyhound

    I booked a ticket with greyhound to Portland from Seattle this evening. The bus had to leave at 6:30 PM left at 7:15 PM and stopped for more than scheduled time at the first stop. I had to catch a flight from Portland International Airport to Dall...

    Thuong-Tri’s Answer

    If you look at the documents from any carrier, you likely will find provisions that the carriers do not promise to get you to anywhere at any particular time.

    Last Thursday, returning from Tacoma to my office, it took me about 1.25 hours to move about 4 miles. There was a bad accident near the exit to highway 18. Traffic was backup up for miles and hours.

    If you live in the Seattle area, you should know that traffic is unpredictable with hours long backup that can occur at any time. 6:30 PM likely is right in the period when traffic is likely backed up everyday.

    Even in good traffic, it likely takes at least 2.5 hours to drive between Seattle and Portland.

    Leaving yourself less than 5.5 hours to drive from Seattle to Portland and checking in to and board your flight is risking problems.

    Few attorneys will take your $298 case on a contingency fee basis. If you pay an attorney by the hour, the fees will be several thousand dollars.

    You can sue in small claims where the limits are $5000 in damages. However, unless the carrier promised to deliver you to somewhere by a certain time, your case likely will be dismissed.

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