Kate M Forrest’s Answers

Kate M Forrest

Seattle Family Law Attorney.

Contributor Level 15
  1. If there is currently no will in place, does my father's ex wife have any rights? I am executor and power of attorney.

    Answered about 1 year ago.

    1. Kate M Forrest
    2. Charles Adam Shultz
    3. Michael A Kirtland
    3 lawyer answers

    If the dissolution is final and your father has no remaining obligations, then the ex-wife would have no valid interest in his estate. If he is paying maintenance to her, he would need to look at the termination clause in the decree of dissolution (the default is that it terminates upon death, but that can be changed ). In planning his estate, he should be careful to name a new beneficiary for any life insurance policies, payable on death accounts, or other "non-probate" assets that are not...

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  2. How can I bring my parents to court?

    Answered over 1 year ago.

    1. Atousa Saei
    2. Kate M Forrest
    3. Gary A Kester
    4. Dave Hawkins
    5. Charles K. Kenyon Jr.
    5 lawyer answers

    Under the Affordable Care Act, you are ELIGIBLE to be covered by your parents' insurance until 26, not automatically covered. Insurance companies used to be able to drop dependent children from their parents' policies even if the parents wanted to continue the coverage, and the law now prevents insurance companies from denying parents that option. It does not require that parents continue to include adult children on their plans. To keep dependents on their insurance plan, parents generally...

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  3. In the state of Washington, how are Inheritances considered during a divorce?

    Answered over 1 year ago.

    1. Kate M Forrest
    2. Dave Hawkins
    3. Daniel Seth Williams
    3 lawyer answers

    Inheritance is one of the exceptions to the community property presumption in Washington. It is separate property, and he can do what he wants with it (unlike community property, for which spouses have a fiduciary duty to one another). At the time of divorce, it will still be characterized as separate, but in Washington all property separate and community is before the court for just and equitable distribution. Separate property tends to stay separate, but can be awarded to the other spouse...

    10 lawyers agreed with this answer

  4. Was servered papers for contempt of court and parenting plan modification but didn't respond.

    Answered over 1 year ago.

    1. Kate M Forrest
    2. Robert Bruce Kopelson
    3. Bruce Clement
    3 lawyer answers

    If you had a good reason for not responding on time, like late/improper service or a medical emergency, ask the other party's attorney for a continuance so you can respond properly. If you simply didn't do it, you can still ask them, and if they don't agree ask the commissioner at the hearing, but be prepared for the answer to be no and to have to go forward. Here's an informational packet about responding to a contempt motion, which is intended for full response but has information about...

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  5. When an attorney takes 45% of a claim is it legal even after I had a break down and scratched the 35% and made it 45%??

    Answered over 1 year ago.

    1. Kate M Forrest
    2. Michael Lynn Walker
    3. Robert Bruce Kopelson
    3 lawyer answers

    Attorney fees are governed by Rules of Professional Conduct rule 1.5, which requires that all fees must be reasonable--even if you agree to something else, it would be misconduct for an attorney to charge you an unreasonable fee. There is no set formula for determining what is reasonable, but the factors to be considered are: (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) the...

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  6. Can a legal separation protect a spouse from the other accruing additional debt?

    Answered over 1 year ago.

    1. Kate M Forrest
    2. Matthew Erik Johnson
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    In a legal separation the court can certainly order the parties to take responsibility for their individual debt after the date of separation, but that is not necessarily a guarantee that you couldn't end up being liable for it. Even a divorce decree assigning debts to one of the parties is not binding on creditors - a domestic court order does not have the power to change a civil contract. In addition to a legal separation, you would want to make sure to separate your finances completely,...

    9 lawyers agreed with this answer

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  7. If two parenting plans are different and motion made to establish what is process

    Answered over 1 year ago.

    1. Kate M Forrest
    2. Barbara Peyton
    3. Karen Christina Skantze
    3 lawyer answers

    The commissioner does not need to pick one or the other, and probably will not since they are so different, unless one clearly has better evidence. You can read about what types of evidence are admissible and how to prepare your case here: http://washingtonlawhelp.org/documents/1990013607EN.pdf?stateabbrev=/WA/ (that particular packet is for parentage cases, but the site has another one if this is a dissolution). You should also carefully read your local court rules to figure out how and...

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  8. I am a victim of domestic violence, I have a restraining order against my father but I am being harassed by family members.

    Answered over 1 year ago.

    1. Kate M Forrest
    2. Patrick Owen Earl
    3. James J White
    3 lawyer answers

    Why was your anti-harassment order denied? If there was a hearing and the court determined on the evidence presented that it wasn't harassment, you would need to make a motion for reconsideration or revision within 10 days of the ruling to challenge it. If the case was dismissed for other reasons, like failure to follow proper procedures, you can try again. I'm going to link to an informational guide, but since you have been unsuccessful already, your best chance is to get an attorney....

    8 lawyers agreed with this answer

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  9. If I inherited a house from my deceased mother , and only MY name is on the deed, if I divorce is my husband. in titled to it?

    Answered about 1 year ago.

    1. Kate M Forrest
    2. Justin Eric Elder
    3. Charles Adam Shultz
    3 lawyer answers

    Inheritances are exempt from the community property presumption--that would be your separate property. But keep in mind that the divorce court considers all property, community and separate, when making a determination about what outcome will be just and equitable. Talking with an attorney about the details of your case will give you a better idea of what sort of division you might be able to expect.

    8 lawyers agreed with this answer

  10. Does washington probate law favor paternal cousins over maternal cousins?

    Answered over 1 year ago.

    1. Kate M Forrest
    2. Thuong-Tri Nguyen
    3. Justin Eric Elder
    3 lawyer answers

    If the decedent and his property were in Washington, then our rules for intestate succession apply and the cousins in this case would take equally. See RCW 11.04.015(2)(e): "If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents or by any grandparent or grandparents, then to those issue of any grandparent or grandparents who survive the intestate; taken as a group, the issue of the maternal grandparent or grandparents shall share equally...

    8 lawyers agreed with this answer