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Scott Kemble Wilson

Scott Wilson’s Answers

321 total


  • Is non-compete valid after 2 years in FY15 even if you signed it in June 2012?

    Hello Team, i have signed a non-compete with a Bellevue vendor company 2 years ago and that says i can not go and work for the same client thru another competitor in the next 12 months after the termination of my employment with them. It's been 2 ...

    Scott’s Answer

    The agreement's restrictions kick in at the end of employment - that is the measuring event. So the 12 month restriction starts when you quit. The date you signed doesn't matter.

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  • When using a 20-day notice to terminate, is it really 20 days from delivery or is it to the last day of the rental period?

    Our property is in Shoreline, WA so I understand we do not have to show just cause to terminate a month-to-month agreement. Rent is due on the 1st. If we deliver the 20-day notice on April 29th would their last day be on May 18th or should we in...

    Scott’s Answer

    You have to give written notice ,delivered in any manner you want, ( I would suggest regular and certified mail ) by/before the 10th day of the month. Month to month tenancies always terminate on the last day of the month regardless of when rent is due. So in your situation, give notice (received by tenant - not date mailed) no later than May 10 - to terminate on May 31. Or give notice after May 10, with the termination date being June 30.

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  • Requirements to remove deceased spouse from deed. WA state.Tiltle is listed in both names without right of surviorship listed

    There was no will. Both names are on original title listed as husband and wife but not listed was right of surviorship,

    Scott’s Answer

    Since if there is no will In WA, a surviving spouse inherits all the community property. Therefore all you have to do is record a "Affidavit of Community Property" which recites the legal description, the date the property was bought, that it is community property and that the spouse did without a will. Attach a copy of the death certificate to the affidavit and record it.

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  • Equitable distribution of primary home that was separate property (Washington State)?

    Here is the scenario: - Alice and Bob get married and move into Bob's house. - Bob's house is his separate property - acquired before the marriage. Bob owns it free and clear at the time of marriage. - Bob is unemployed for 2 years so Alice's ...

    Scott’s Answer

    Assuming the rental value was always clearly in excess of the taxes and insurance on the house, then any "community" contribution to the costs of ownership were exceeded by the separate property "use" value of the house - so the community is not entitled to any part of the house - at least that is the position Bob should take going into settlement discussions.

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  • IS WRITING "LOAN" ON CHECK MEMO LINE ENOUGH PROOF TO GET REIMBURSED FROM AN ESTATE?

    I had loaned my ex-boyfriend approximately $29k over the course of 10 years. All the checks had "loan" written in memo line. My claim was disallowed by personal rep. help.

    Scott’s Answer

    You have 30 days from the post mark on the rejection notice from the PR to file suit - get to it.

    § 11.40.100. Rejection of claim - Time limits - Notice - Compromise of claim

    (1) If the personal representative rejects a claim, in whole or in part, the claimant must bring suit against the personal representative within thirty days after notification of rejection or the claim is forever barred. The personal representative shall notify the claimant of the rejection and file an affidavit with the court showing the notification and the date of the notification. The personal representative shall notify the claimant of the rejection by personal service or certified mail addressed to the claimant or the claimant's agent, if applicable, at the address stated in the claim. The date of service or of the postmark is the date of notification. The notification must advise the claimant that the claimant must bring suit in the proper court against the personal representative within thirty days after notification of rejection or the claim will be forever barred.

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  • I own a home that I sold on contract. The woman who bought it from me gave her daughter a quit claim deed but she never filed it

    The mother gave me a quit claim and I am going to file to get the property back. The daughter was suppose to take over the contract but is always late with payments, taxes, ins. and neither the mother nor I want to deal with that anymore. The moth...

    Scott’s Answer

    The mother never got a deed from you since you sold on a contract for a deed - so she is not in the chain of title. So deeds to the daughter or to you ( from the mother) are worthless. Start a contract forfeiture process.

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  • Moved out of apartment after 10+years. They want payment for new appliances, floors, blinds, countertops.

    We paid to have carpets cleaned, we cleaned everything in apartment and left it in excellent shape. Now, five months later, with no written or oral communication in the interim, the apartment collection agency is dunning us for $2,000. They wan...

    Scott’s Answer

    It is a question of fact - whatever seems reasonable in terms of wear. A $2,000 fix up bill after 10 years and no other fix ups during that time, is reasonable wear and tear. No judge is going to make you pay anything. Send a letter to the collection agency saying you are not going to pay a dime because not excessive wear and tear and instruct the collection agency to not contact you again. All the people on the rental agreement should sign the letter, as in both husband and wife, etc. . Fed collection law says you can tell a collector not to contract you and if they continue to contact you, it is a violation of the Federal Debt Collection Procedures Act.

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  • Is a No Contest Clause enforceable in the state of Washington for Trusts?

    I am creating a Trust and a Pour Over Will for my Daughter in Law making her the trustee. House already in her name. My personal things (listed individually) to her and Grand Children ONLY. Can a No Contest clause be broken by my sons?

    Scott’s Answer

    A no contest clause is worthless unless you give some inheritance to your sons, so they have something to loose if they contest.. The better protection is to have a lawyer write up the trust/will who can be a potential witness that you were not unduly influenced by daughter in law or suffering from some mental disability.

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  • Can I ask for original documentation on a debt that is 9 years old? Can they file a suit against me?

    I defaulted on a payday loan from 2005. Briankmen Alliance Group called saying that a suit is going to be filed if I do not make payment arrangements with them to pay off the loan. They had the basic information on me. I made the arrangements b...

    Scott’s Answer

    The statute of limitations is 6 years from the last payment you made or if no payment, when the first payment was due. Don't pay anything otherwise you will have reaffirmed a debt you legall don't owe anymore.

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  • Ex-husband won't sign quit claim deed after the final divorce decree was entered by Judge.

    Divorce trial is over 2 months ago, the house was awarded to me. Ex-husband won't cooperate to sign the QCD and transfer title over to me. Meanwhile he filed for appeal. What is the best and quickest way to make him sign?

    Scott’s Answer

    • Selected as best answer

    Your remedy is available under the following court rule. An Appeal does not suspend the trial result unless he posts an appeal bond.

    WASHINGTON RULES
    WASHINGTON SUPERIOR COURT CIVIL RULES
    Part VIII. PROVISIONAL AND FINAL REMEDIES
    As amended through December 13, 2013
    Rule 70. JUDGMENT FOR SPECIFIC ACTS; VESTING TITLE

    If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done has like effect as if done by the party. On application of the party entitled to performance, the clerk shall issue a writ of attachment or sequestration against the property of the disobedient party to compel obedience to the judgment. The court may also in proper cases adjudge the party in contempt. If real or personal property is within the state, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution or assistance upon application to the clerk.

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