Elizabeth Rankin Powell’s Answers

Elizabeth Rankin Powell

Tacoma Family Law Attorney.

Contributor Level 20
  1. If an elderly parent wants to add their daughter/caregiver to the title of the house can they just call the county treasurer?

    Answered over 1 year ago.

    1. Elizabeth Rankin Powell
    2. James P. Frederick
    3. Joseph Michael Pankowski Jr
    3 lawyer answers

    Calling the tax person is not going to accomplish anything. Real property is conveyed by deed. There are plenty of good reasons *not* to add your name to the title of the property right now, but the person in the best position to advise your mother is your mother's lawyer. They may have a different take on this situation. Elizabeth Powell

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  2. What are the families rights, when a single family member dies and there are Squatters in there house?

    Answered about 1 year ago.

    1. Elizabeth Rankin Powell
    2. Michael Thomas Smith
    3. Shawn B Alexander
    4. Charles Adam Shultz
    5. Nathan D Sukhia
    6. ···
    6 lawyer answers

    I am so sorry to hear of your loss. Please locate and retain a nearby estate/probate attorney who can get the probate up and running, and get the persons in the house out of there. The Estate now owns the house, and it has to go through probate so that the title to the house can be formally transferred to the new owner (the heirs). It doesn't matter whether he left a will or not, this still has to happen, and the sooner your family gets started the sooner this will be over. If someone who...

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  3. I'am the personnel representative of a estate. We do not have a Attorney right now.

    Answered about 1 year ago.

    1. Elizabeth Rankin Powell
    2. Justin Eric Elder
    3. Celia R Reed
    3 lawyer answers

    You need an attorney, you know. Richard Wills has an excellent website at WashingtonProbateLitigation, and you could certainly call him. In WA, discovery demands are subject to CR45 and CR26. You have to be allowed 30 days to answer the questions, but unless you go to court and get a protective order, you are going to have to answer them. The fact that they came in the mail doesn't obviate your obligation to respond. If the response is demanded on some shortened timeline, that is incorrect....

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  4. What does "Motion and Order of Default and Default of Judgement" mean for me?

    Answered 5 months ago.

    1. Elizabeth Rankin Powell
    2. Latife Helen Neu
    3. Gordon Charles Webb
    4. Russell Louis Mikow
    5. Paula Brown Sinclair
    5 lawyer answers

    You cannot be arrested and jailed for failing to pay a debt - at least not directly. If the creditor gets a judgment entered against you, they can, after that, ask you to show up in court so they can conduct supplemental proceedings, which means they ask you questions about where your assets are so they can get to your assets to satisfy the debt. If you failed to show up for supplemental proceedings, the Court can issue a bench warrant. When there is a bench warrant, *IF* you are stopped by the...

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  5. Are my minor children the legal heirs or next-of-kin following their father's death in Washington state?

    Answered 6 months ago.

    1. Elizabeth Rankin Powell
    2. Justin Eric Elder
    3. Douglas N Kiger
    3 lawyer answers

    I am so sorry for your loss and your children's loss. His mother has absolutely no right whatsoever to touch anything of his. I would strongly recommend that you consider getting an anti-harassment order on behalf of yourself and your children to make her stay away if she will not listen to reason. You could have a temporary order by noon tomorrow, presented correctly. It requires that you tell her to knock it off or you will get an order, not simply surprise her with the order. Your ex's...

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  6. My landlord entered without notice 24 hours before i stated in notice to vacate and is now charging me for items I planned to do

    Answered 11 months ago.

    1. Elizabeth Rankin Powell
    2. Jacques Tushinsky-Fox
    2 lawyer answers

    It is not legal. I have two legal guides about taking your landlord to small claims. If you and your landlord agreed that you would be out on Sept 2 at 6, he had no right of entry before then and no right to exclude you. NONE. Return the doors. And be prepared to show that 1) no checklist and 2) no compliance with the other deposit rules. Your instincts are correct. But rather than writing demand letters, just let the Judge explain it to your landlord. I have two legal guides about taking your...

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  7. Verbal Abuse

    Answered over 2 years ago.

    1. Elizabeth Rankin Powell
    2. Derek Michael Smith
    3. Margaret H. Brost
    3 lawyer answers

    In Washington, audio recording of a conversation without the knowledge and consent of the other party is a crime. Voicemail, on the other hand, is fair game, because our courts have held that a voicemail has no expectation of privacy. You can always recount for a court what someone said to you. I advise my clients not to use really vulgar language, no matter how accurate it is, but instead to say, "and then he used really vulgar language about me and my mother" or something like that....

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  8. Improper service of summons in the state of Washington. Summons was served on my 17-year-old daughter while I was out of town.

    Answered 9 months ago.

    1. Elizabeth Rankin Powell
    2. Tim L Eblen
    3. Thuong-Tri Nguyen
    4. Edgar I Hall
    4 lawyer answers

    Whether or not service is proper is a legal conclusion. Service on a 17 year old who resides with you at the residence where she was handed the papers is likely good service. Service on a 12 year old has been found to be OK. But you cannot be sued for a debt that is ten years old, the SOL ran after six years. Please consider counterclaiming for FFDPA damages of $1,000 and CPA treble damages, for a total claim of $3,000.00 Also, you should let the attorney general's office know about this....

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  9. Sister who lives with elderly parents is mishandling their financial affairs.

    Answered about 1 year ago.

    1. Elizabeth Rankin Powell
    2. Chandra Melissa Lewnau
    3. Kelly Scott Davis
    4. James Marston Brown
    4 lawyer answers

    You might want to consider contacting Adult Protective Services to let them know what you have discovered. Financial abuse of vulnerable persons is never OK. Not paying the taxes is putting their home at risk, it is amazing that it has been five years. You might want to check for yourself to be sure the property is not being sold to pay the back taxes. Also, WA has an action a non-lawyer can file on behalf of a vulnerable person. This is similar to Domestic Violence, but you can allege...

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  10. How long does his family have to clear his belongings out of my rental?

    Answered over 1 year ago.

    1. Elizabeth Rankin Powell
    1 lawyer answer

    First, please accept my condolences on your recent loss. It is my opinion that a person does not "abandon" a tenancy when they pass away, especially if their family is working to gather up his personal property. In the absence of a will, the personal property belongs to his adult children based on WA's intestacy statute. If he did not own real property, it is possible that there is no need for a formal probate. WA has a "small estate probate" that can be used when the decedent's estate is <$...

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