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William D. Edelblute

William Edelblute’s Answers

153 total


  • How to appeal husband keeping tax return while jointly filing? I have not signed 2012 papers yet.

    Husband had note put in decree that he would keep the 2012 tax return but we would file jointly. The decree was filed in Jan 2013. This seems unfair and a mistake my attorney overlooked. My ex has forged my signature in the past 18 years on tax...

    William’s Answer

    The time for an "appeal" passed thirty days from entry of the decree. A decree can be vacated by a different procedure, with a longer time period allowed, if someone committed fraud, but you say it was a "mistake my attorney overlooked." Generally a mistake by your attorney is not grounds to vacate a decree. It is highly unusual for an attorney to sign off on a decree without going over it verbatim with their client. You should discuss with the attorney how such a provision was made without your consent, if that is what happened.

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  • The company I work for in Seattle was recently purchased by a larger company from Utah. Can they legally fire me for pot use?

    I'm 23 years old and was diagnosed with cancer back in April. I've since had two very major surgeries to remove the cancerous tumors. After recovering from the most recent surgery, I began working for a new company at the end of August. That compa...

    William’s Answer

    This could be complicated. For one thing, marijuana use in private is now legal, so even though you use it for medical purposes, the company will have to decide whether they are going to terminate people for legal drug use, off the job, as a general policy.
    Arguably, you have a disability that requires accommodation, but that ordinarily involves requesting accommodation of your job duties, which isn't quite the case here.
    So if you went to the company first, your request to be allowed to continue to use medical marijuana would not appear to fall under any specific legal protection.
    However, if you were terminated, it would arguably be against public policy, as an activity protected by law, medical use of marijuana, so you may have a wrongful termination suit. It may be case of first impression in the courts.
    Presumably the new owner will notify you of any new policies via a new employee handbook.

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  • Our renters are in a lease, fire broke out because of their doing..are they still liable for the lease plus our deductible?

    Our renters had to move out in order to fix the house so they can move back in . Are they still liable for their lease, our deductable..they do take full responsibility for the fire. The day after the fire the fire department went back to finish i...

    William’s Answer

    They are responsible for all damages directly caused by their negligence. They could be liable for the rent under two theories, under the lease and on the theory their negligence is what made the property un-rentable.
    As stated by another attorney you cannot settle a claim with the renters without letting your insurance company know, as the insurance company has a claim for reimbursement for what they have paid out, if another party is held liable. They may or may not be willing to waive their claim for reimbursement to allow you to settle.

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  • How do I make a title change for my house?

    My mother and I own a duplex in Richland, WA which we both occupy at this time, she in one side and me in the other. She is 85 and totally bedridden and unable to make decisions, and I want to get the title changed into my name only. I do have P...

    William’s Answer

    As already indicated by another attorney, first the POA has to authorized that type of transaction. Since you have a trust relationship with her as her attorney in fact, the transfer has to benefit her. So an attorney would need to know why this is clearly for her benefit, or in accordance with her stated wishes while she was competent, to prepare the deed for you to sign.

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  • Not enough space, please see below.

    Hello, I have a 2013 driving while suspended; 2013 medical deferred dui, marijuana paraphernalia, resisting arrest; 2011 reckless endangerment; 2003 deferred DUI; these have impaired me from getting a teaching job. now I'm just looking at receptio...

    William’s Answer

    Some convictions, not DUI, can be vacated from your record if it has been three years since your completed all requirements of your sentence. However, you can not get a conviction vacated if you had a subsequent criminal conviction, so as a practical matter, only the last non-DUI conviction could be vacated.

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  • In WA. does an employer at least have to tell you that you are terminated?

    I know "at will" means they can fire for any reason or none at all but they DO actually have to tell you that you are fired, right? Can they just simply not call you into work anymore? What if you are a long term employee who has worked them for ...

    William’s Answer

    In general there is no requirement that the employer tell you that you have been terminated, where you were only called when there was work for you. It may depend on the context, in other words, how is the lack of being formally told you are terminated harming you, as opposed to if you had been told.
    It does not sound like there would be any remedy for this.

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  • Want to appeal a district court Judges ruling on an anti harassment order.

    If I decide to appeal I'm I going to appeal to the Superior Court or the District III appeals court?

    William’s Answer

    • Selected as best answer

    Ordinarily an appeal from a District Court ruling is to the Superior Court.

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  • If I want to appeal anti harassment order!

    Can you bring up new matter?

    William’s Answer

    An appeal is based on the record made in the lower court, and ordinarily no new factual evidence is considered on appeal.
    You can file a motion for reconsideration, within 10 days of the judgment, based upon new evidence that could not have been discovered in time for the original hearing.

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  • Can we sue an employer for pain and suffering from a wrongful termination if our union is arbitration to get our jobs & backpay?

    4 union employees were recently terminated as a disciplinary action pertaining to a guilty plea agreement with authorities between 6 months to 13 months earlier. The offenses were committed at work with a former employer over 5 years ago. The cu...

    William’s Answer

    Arbitration is not suing, arbitration is a binding remedy that does not result in further suit.
    Certain types of wrongful termination fall outside a Collective Bargaining agreement, because of violation of statutory rights that can't be limited by a CBA, and suit can be brought, and emotional distress is a damage that can be sought in a wrongful termination suit.
    I don't see anything described here that falls under a statutory right falling outside a CBA. So it appears likely they are limited to their grievance/arbitration procedure and it is doubtful anything for "pain and suffering" or emotional distress would be recovered that way.

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  • Does cps have a time limit on appeals , 18 months since appeal with the regional director for childrens admin, no response

    my son when 6 was struck by moms boyfriend, cps notified by school 1/13/12, case opened and cps worker became friends with mom declining to forward case to police, My wife and i became pro-active for my son, giving police documents from E.R and ph...

    William’s Answer

    CPS has only 30 days from receipt of your request for review by the agency to make a decision and send it to you by certified mail. This requirement is contained in RCW 26.44.125 (4). Either CPS has dropped the ball, or they may claim you did not properly request review, which had to be requested by you in writing within thirty days of the notice of founded finding to you.

    If you properly requested review and no decision was ever made, then this needs to be straightened out, especially to preserve your right to appeal further to an administrative law judge and to Superior Court.

    They need to be sent a letter asking whatever became of your review.

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