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Timothy B. Fennessy

Timothy Fennessy’s Answers

4 total

  • How do I take my sister to arbitration instead of suing her in civil court over my mother's life insurance?

    Mother instructed sister to give me $23,000 upon mothr's death. Sister is refusing to talk or communicate in anyway at all with me. She refused a certified letter. How do I take sistr to arbritration instead of civil court. Sistr lives in Nava...

    Timothy’s Answer

    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 start looking there.

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

    My wife worked for a franchisee of a large hotel chain. A woman was hurt in her hotel, and subsequently sued the franchisee and the national company. While working for them, she voluntarily gave deposition in NYC for the trial, flying from Buf...

    Timothy’s Answer

    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 county in which such action or proceeding is pending, or more than twenty miles of the place where such court is located, shall apply ex parte to such court, or to the judge, commissioner, referee, or clerk thereof, who, if such application be granted and a subpoena issued, shall fix without notice an allowance for meals and lodging, if any to be allowed, together with necessary travel expenses, and the amounts so fixed shall be endorsed upon the subpoena and tendered to such witness at the time of the service of the subpoena:

    I do not have the New York Civil Rules--either for Federal or State Court--and have not looked at the State statutes. My first reaction is that you need to double check the subpoena to be sure that it complies with local law; that it is unlikely that a Court will believe it is reasonable for your wife to be compelled to travel as you have set forth and is therefore not likely to hold her in contempt; and, that the Judge and opposing counsel (the lawyer for the party that is NOT demanding your wife's appearance) would prefer that she give them notice of the subpoena and of her inability to comply. It is always easier for them in planning to know and better to avoid contempt charges, however unlikely or minimal the penalty, for your wife. As others have said, your wife's deposition testimony is available and that can be read instead of her having to give live testimony.

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

    A lawyer relative (cousin) of mine listened to a recording of my OAH (Office of Administrative Hearing) hearing in Washington state, which I'd initiated to appeal an earlier decision which denied me unemployment benefits. They rejected my claim....

    Timothy’s Answer

    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 reasons that the denial of your appeal is still viable.

    It might also be wise to ask why your "relative lawyer" is not interested in taking the case or finding you someone in the area who would.

    Best of Luck--

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  • Seller refuse to return earnest money

    my transaction was fail to close on time because bank denied my loan at the last minute. seller sign extension so I can tried a different bank. I was denied again. I inform the seller agent. they offer me to continue to rent the property on a ...

    Timothy’s Answer

    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 give timely written response to your demand and have a list showing the property's condition when you moved in with something to show the "damage" or extra cleaning required after you left. Your question does not indicate how much is at issue, but it may be a "small claims" matter where you can represent yourself.

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