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Peter Pajitnov

Peter Pajitnov’s Answers

44 total


  • What is the legality in Washington of a Last Will and Testament executed by a lawyer and filed in Oregon?

    We have a legal Will that was drawn up and filed in Oregon. We have now moved to Washington. Do we need to get a new Will?

    Peter’s Answer

    While the validity of the will may be judged/challenger according to the the laws of the state it was executed, the terms of the Will can, for the most part, override any default intestecy (no will) provisions for distribution of property that Washington law provides for.

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  • Can I rent out one of my rooms in condo?

    My condo rules are: All Owners are reminded that under our Covenants, Conditions, and Restrictions (CCRs) we have rental regulations regarding the leasing of a unit. Here are some related reminders and for more information you can see all the Fo...

    Peter’s Answer

    No, unless you rent it out to your child, spouse, mom, dad or sibling.

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  • Will Uscis believe me that I was coerced into marriage or will they think that nobody can be that stupid?

    I was coerced into marriage by an immigrant who set me up. He set me up to lie about something immigration related to help him and then he said if I don't marry him like I promised he is gonna report me and he has evidence. So I did it out of fear...

    Peter’s Answer

    In what context are you asking this question? Are you worried about whether your ex-husband can still get you in trouble?

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  • How do I get out of my lease

    I have a cheer gym for youth ages 3-17 my landlord had moved in a 502 processor in my building our doors are only 90 feet away. Marijuana smell is so overwhelming my students smell like pot when they leave. I need to relocate immediately but I'm i...

    Peter’s Answer

    The result of your negotiations with your landlord should not only result in you moving - but also having him cover your relocation and marketing expenses.

    Show your lease to an attorney ASAP and document everything.

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  • How do I find out if a lawyer is licensed to collect debt in Washington State.

    I have a bogus account with a collection agency and I herd the guy who filed a law suit against me is a licensed lawyer but isn't licensed to collect according to the new law in Washington a few years ago. As I understand it both the agency and th...

    Peter’s Answer

    Just to clarify - a licensed Washington attorney does not need any additional license to engage in collection practices in our state. See RCW19.16.100(5)(c). Him not having a collection agency license will not be a successful defense.

    If you have a lawsuit filed against you to collect a debt, I would strongly advise promptly collecting all the information you have regarding the debt and the suit and making an appointment with an attorney who can advise you of your rights.

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  • Is an attorney signature required to make a prenup or cohab agreement legal in WA state? I'm confused. See below. Thx, Craig

    Hello; My lady friend and I wish to get an nontraditional marriage (no WA state marriage license). So we will be cohabitating by WA state law. I hired an Avvo attorney to review the cohabitation agreement for me, which he did. I could no...

    Peter’s Answer

    Craig,
    I agree with my colleagues' answers but want to give you a more explicit hypothetical to show you the importance and the relevance of an attorney's role in a co-habitation (or a prenuptual) agreement. For this, I will make the assumption that YOU are the more well-off party with some assets that you brought into the relationship:

    The co-habitation agreement will be YOUR shield if you and your lady friend break up in a few years and she asserts an interest to a part of your property. Washington courts have held invalid agreements when a less-well-off spouse signed an prenuptual agreement very shortly before a marriage without an attorney. The fact that she has HER OWN attorney review and explain what potential rights she is giving up by signing the agreement today will help you enforce this agreement against her attack on it based on undue pressure/duress. (See sections F. and G. of LawDepot's agreement, where you both attest to having representation and that undue pressure/duress is absent).

    I hope this helps!

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  • What's the difference between domestic partnership vs. marriage?

    In 2016, why might someone choose domestic partnership over marriage? What benefits does one have over the other?

    Peter’s Answer

    (Registered) domestic partnerships are currently only available to Washington couples over 62 years of age, whereas a marriage is open to any two non-related people.

    If you have a specific situation that you have a question about - hit "Comment" under this answer.

    Good luck!

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  • Can I locate a possible bank account of my deceased father in Spokane, Washington having named me as his beneficiary?

    My father died last 2012 and since he suffered dementia long before he died, I was not informed by him of this money, a possible payable-on-death bank account. I already have his death certificate and his social security number. Please help me fin...

    Peter’s Answer

    If you don't know the bank branch where your father had an account, I would start your search with Washington's Unclaimed Property website at http://ClaimYourCash.org . They have a Heir Finder / Asset Locator for specifically your situation.

    Good luck!

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  • What can go wrong legally with running an online giveaway?

    I want to run a simple giveaway where people can upload photos of things that they bought from me to their social media pages, then one winner each month, chosen at random will receive a small prize, a t-shirt, or similar. So how does a company...

    Peter’s Answer

    • Selected as best answer

    This is a good blog post on this subject:
    http://sarafhawkins.com/blog-law-is-your-giveaway-legal/

    The takeaway is:
    - You will be probably violating SOME laws no matter what you do as long as you have entries from lots of jurisdictions
    - Keep prize value low (under $5000 for sure, under $600 to avoid requirement to report to the IRS)
    - Clearly identify the prize, who can enter, duration, mechanics of entry, how the winner is chosen
    - Make the act required to entry as easy as possible to stay out "lottery" territory
    - Consider limiting entries to those 18+ and non-Canadians
    - Consider judging entries' merits to determine winner - in order to turn giveaway into "contest" where element of skill is present

    Good luck!

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  • Can I give a magic jack to my business partner, and register the device under my name, because pay the bills?

    Can I give a magic jack to my business partner, and register the device under my name, because pay the bills?

    Peter’s Answer

    Practically speaking - the person who is responsible in your business for paying the bills should have his name on the account if only to resolve billing issues in the future when you have to update a credit card or upgrade/downgrade service.

    Whether the device can be used by someone other than the registered user is determined by the contract/license with the vendor. Realistically for a VOIP phone service - this is unlikely to be monitored/enforced. However, remember to register for 911 service at the address where the device will physically be located.

    Lastly - Magic Jack has a business product (Magic Jack for Business) which is probably a better, more reliable fit for your business use, albeit more expensive.

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