Darol Tuttle's Answers

What are the chances that I will lose custody of children because unemployed, ex wife has filed to change the parenting plan

First, I have to say that this sounds like a very stressful time for you. A change in employment is stressful enough without having to worry about change in family. At times like this, it sometimes help to focus on what you can do. In Washington, child support can be modified when there is a change in the economic status of one of the parents. It is unlikely that a parenting plan will be modified just because of the economic change of the cusodial parent ABSENT a showing that the economic...

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If my husband is in the military and we file for divorce are both parties allowed to JAG services

For Army personnel, the spouse of the soldier is entitled to JAG services. However, I don't think JAG lawyers will actually file the divorce for you and appear in court. They will certainly help you with Army related issues such as pay, counselling, etc. Also, please note that the Soldier's and Sailor's Civil Relief Act may impact your pending divorce if your husband is deployed. Most notably, there may be a delay in the proceedings, i.e., the proceedings will be stayed until your...

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City plans to put a road through my home but in 3 to 7 years. I want to sell my home but no one will buy because of future road.

The area of law in your case is not actually "real estate". It is eminent domain law. So, you need an attorney who has experience litigating eminent domain cases. Eminent domain is the term used when the government takes property from a citizen. Eminent domain cases have two parts. First, the city will make an offer for the property. If you disagree or not able to negotiate a price that is suitable to you, then you may opt for a court hearing. You have a right to "due process" when the...

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Does the person I select as Trustee have to be a US Citizen? Does the Guardian? The Executor?

I had answered a question about the tax ramifications of a a Trustee who is not a US citizen in a separate post. The tax code does not prohibit per se a Non US Citizen from acting as a personal representative. However, the Revised Code of Washington has this to say: A nonresident may be appointed to act as personal representative if the nonresident appoints an agent who is a resident of the county where such estate is being probated or who is an attorney of record of the estate, upon whom...

If I die without a will, does it make a difference in how my estate is handled, if I am not a US Citizen?

I would only clarify the issue about estate tax in situations where the surviving spouse of a deceased US citizen was not a US citizen. I realize your situation asked about the decedent who was not a US citizen. This answer deals with the situation in which the first spouse to die was a US Citizen but left wealth to a Non-US citizen. Most people do not have to worry about estate tax. So, ignore this if not applicable. However, if a US Citizen had a large estate that he or she intended to...

If guardianship was established in WA state and parties moved to another state is the child a legal resident of that new state

RCW 11.92.010 states that the guardianship shall at all times be under the general direction and control of the court making the appointment. RCW 11.88.130 provides that the appointing court may transfer jurisdiction and venue to another county of Washington state. The statute does not specifically authorize transfer to a different state. It is clear, absent an order terminating the guardianship or transferring jurisdiction, that the guardianship of your nephew is still under the "general...