Timothy B. Fennessy’s Answers

Timothy B. Fennessy

Spokane Litigation Lawyer.

Contributor Level 4
  1. How do I take my sister to arbitration instead of suing her in civil court over my mother's life insurance?

    Answered 24 days ago.

    1. Ivette M Santaella
    2. Jami L Pannell
    3. Timothy B. Fennessy
    4. Steven M Zelinger
    5. Michael Leo Potter
    6. ···
    6 lawyer answers

    Washington has a statute that goes by the acronym TEDRA-Trust and Estate Dispute Resolution Act. I would recommend you contact counsel in California, to see if such a law has been enacted there. Although life insurance proceeds pass outside the estate, It sounds to me as though your claim is to $23,000 from your mother's estate--regardless of the source of those funds. Our TEDRA provides for mediation, with arbitration by an approved individual. If Mom had an estate in California, I would...

    4 lawyers agreed with this answer

  2. WA. state deadline for unemployment benefits appeals is 30 days unless there's "good cause. " What's the max time they'll allow?

    Answered about 2 years ago.

    1. Julie Anne Oberbillig
    2. Timothy B. Fennessy
    3. Nathan Kased
    3 lawyer answers

    I am quite confident that there is no "record" and agree that the 2 years referenced would be difficult to overcome as a general proposition. However, you mention an "ongoing medical condition" which might influence the outcome if there is an incompetence argument to be made as a result of that medical condition. Generally, the OAH follows the statutory procedure quite completely, but if not, this is one area of the law that is followed quite strictly. Thus, there might be technical...

  3. Seller refuse to return earnest money

    Answered almost 5 years ago.

    1. Timothy B. Fennessy
    2. Thuong-Tri Nguyen
    2 lawyer answers

    If you agreed that the "earnest money" would be used as a "damage deposit" while you rented the property, then you should ask for it to be returned under the Residential Landlord-Tenant Act. You can find the specific RCWs on line (look for RCW 59.18.010 and following), but generally the Landlord needs to designate any "non-refundable" money in writing. So, if there is no such writing, the "damage deposit" should be refundable upon written request. If they plan to keep the deposit, they must...

  4. Does my wife have to comply with a subpoena issued over 100 miles away, to testify in a civil suit against her former employer?

    Answered 8 months ago.

    1. Jeffrey Bruce Gold
    2. Effimia Soter
    3. David Michael Kasell
    4. Timothy B. Fennessy
    4 lawyer answers

    Your question does not specify whether this is in a state or a federal court--which could impact the answer. Generally, however, Rule 45 applies to the issuance of a subpoena. Further, the jurisdiction may have a law that applies even more specifically to trial attendance. In Washington State, a party that wants to issue a subpoena for trial testimony has the following additional obligation: PROVIDED FURTHER, That a party desiring the attendance of a witness residing outside of the...

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