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Richard Paul Patrick

Richard Patrick’s Answers

342 total


  • WA State - UIM insurance - does it pay for pedestrian accident?

    I hit a pedestrian, my WA state insurance has bodily injury liability limit of 100K/300k, and my insurer has said the pedestrian's leg injury (surgery, hospital stay) might exceed the value of my policy. However they haven't said anything about...

    Richard’s Answer

    Your UIM does not factor into this. No, your UIM does not apply to this incident.

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  • Broke back while visiting aunt

    Fell off deck at aunts house and broke my back. I had a family member drive me to the hospital and was then transported by ambulance to the trauma unit at another hospital. I was admitted for three days and I'm looking at 12 weeks to recover. ...

    Richard’s Answer

    I agree with the previous attorney in that it depends on why you fell off. Generally, the homeowners insurance covers personal injury of guests. Please contact an experienced personal injury attorney as soon as you can. You have three years from teh date of injury to resolve the matter or file suit to protect your interests. Good Luck.

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  • Estate Plan: I hold a $5,000,000 life insurance policy on myself, and my will provides for 100% outright to my wife.

    I realize that the WA exemption is 2M and the Fed is 5.43. Because 100% of my estate is going to my wife, will my estate realize estate tax upon my death. ( I heard I need to get it out of my name, but if 100% goes to my wife, does it matter?)

    Richard’s Answer

    The insurance policy pays out to the named beneficiary outside of probate. The life insurance proceeds are not taxable to the named beneficiary including your wife. DO NOT name your estate, as the beneficiary of the life insurance policy or leave the beneficiary blank or else the proceeds of the policy will be attachable by creditors and susceptible to taxes. Please talk to an estate planning attorney quickly.

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  • DOES THE WIFE'S INHERITANCE AFFECT HER ELIGIBILITY TO RECEIVE HALF OF HER HUSBAND'S RETIREMENT IN A DIVORCE?

    NOTE: MARRIED FOR 15 YEARS, THE WIFE WAS A HOMEMAKER FOR THE ENTIRE DURATION, HER INHERITANCE WAS ALWAYS KEPT SEPARATE AND NEVER COMMINGLED AND THIS IS IN REFERENCE TO STATE EMPLOYEE'S RETIREMENT BENEFITS AND 401K.

    Richard’s Answer

    Generally speaking, inheritance is separate property and as long as it was kept separate, and not comingled with community funds, it remains separate property in a divorce. However, depending on the facts or circumstances, it may very well affect a court’s decision with respect to a division of other assets (like retirement) and debts of the marriage. A court is supposed to consider all of the assets, separate and community, in making an equitable division of assets and debts. Therefore, in theory, a person may in fact have a very large inheritance, that has remained separate, and that fact could cause a court to not award any of the community retirement to that person. Perhaps if you are in the process of a divorce, ask yourself how much is your share of the retirement and is it really worth it to argue over it. Also, don’t forget that if it is a pension, and your soon to be X continues to work, your share of the eventual monthly payment is only going to be a fraction of what that monthly payment is. Good luck.

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  • Can a Withdrawal of Joinder be stricken if not properly served

    I received in the mail the other day, a copy of Withdrawal of Joinder from the Respondent. It was not certified mail (did not have to sign for it). Does this invalidate the Withdrawal of Joinder if this method was not approved by the court?

    Richard’s Answer

    No. The withdrawal of joinder simply means that party changed their mind with respect to agreeing to what was asked for in the petition.

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  • What happens when one spouse files chapter 7 before a divorce finalized?

    Approximately 40 days after I filed for divorce, my soon to be ex wife filed for Chapter 7 individually. She listed assets owned in both of our names and is claiming full responsibility and support costs for our 2 eldest kids. I am currently pay...

    Richard’s Answer

    • Selected as best answer

    Either party can file for bankruptcy during a marriage. It’s a bit nicer when it is coordinated but she can move forward without you if she wishes. If she qualifies, her liability to community debts may be discharged in the bk court. This would leave only you liable for community debts. Obviously, you can file for bk also, and many divorcing parties do it together to save money and keep things a bit more organized. The up side of bk is that you get rid of all or most of your debts and that makes a division of debts and assets in the dissolution a lot easier to accomplish. Your case is mixing many issues and you are well advised to get an experienced family law attorney pronto.

    It isnt very nice but she can change the locks if she wants to. Don’t do anything rash like go over there and break a door or window to get in or you will only get in trouble with the law and put yourself in a bad light with the court.

    Good Luck

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  • Can a collection agency charge interest after giving me a no interest contract?

    I asked earlier, but let me be more specific. I have a contract, typed up and signed from the collection agency, that is for 0 % interest until the balance is paid in full. This contract is for aprox 40 yrs, Because the principle balance was so hi...

    Richard’s Answer

    With respect to the contract just keep records of your payments and when you have paid the principal off you can stop making payments and argue about it at that time. Meanwhile, write the company a letter telling them your position. Also, every time you make a payment send them an accounting showing the outstanding principal due. Breach of contract argument won’t get you out of the deal if that is what you are thinking. Its just math.

    Also, it sounds like a lot of debt. You really need to talk to a bankruptcy attorney if you haven’t already done so. You should think about having the debt discharged.

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  • I stupidly became involved in a short term affair. The man said he was in a loveless marriage, wanting to leave his wife

    and was ok. Apparently all lies. I ended it. He has kept on with emails and his wife believes his lies and I believe she wants to get a restraining order on me because of his lies.I think this is his way of trying to save his marriage pretending i...

    Richard’s Answer

    Stop ta liking to the man and his wife immediately and there won't be a need for anyone to get a protection order. You appear to be smart enough to recognize your error in getting involved with a married man but not smart enough to know when to say when. Enough. Stop being part of their lives and end the drama already so a protection order isn't necessary.

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  • My husband and I are studying a post-nuptial agreement to govern our properties and custody if divorce. Advices wanted to start.

    We'd like to draft an agreement that when a party is cheating with legal evidences, the cheating party will automatically give up the right to mutual savings, properties and custody of our child. Please kindly advise the feasibility and how to start.

    Richard’s Answer

    I agree with Mr. Morrill and Ms. Young and would add that perhaps instead of a post nup you might want to consider counseling or other inner self reflection on why you are worried about your partner cheating on you. I might consider focusing there instead. Good Luck

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  • I have power of attorney of my fiance, we want to get married soon. As POA how would i sign his name in front of a notary,

    My fiance is in jail and he signed complete POA, we wish to get married what is the proper way for me to sign his name on marriage license in front of a notary?

    Richard’s Answer

    It won't be valid for purposes of marriage. Take the docs to him in jail and have him sign

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