Skip to main content
Zeshan Q. Khan

Zeshan Khan’s Answers

32 total


  • What can I file to get rid of an emotionally abusive ex who doesn't pose a physical threat to my safety?

    Zeshan’s Answer

    Piggybacking off Ms. Beckwith's answer, she's right that you could pursue an anti-harassment order. But domestic violence often doesn't mean what folks frequently think it means.

    Although physical violence or sexual assault surely qualify, the domestic violence statute also includes in its definition "the infliction of fear of imminent physical harm". That can include things like threats, punching/kicking a wall, throwing objects, or even blocking you from leaving a room.

    But these forms of abuse differ from verbal abuse people can suffer (name-calling, insults, disparagement, etc.). While both are relevant, verbal/emotional abuse might not be "legally relevant". Still, if the kind of behavior goes above and beyond an acceptable form of behavior (like your ex is calling your employer and spreading lies to get you fired), then I think an anti-harassment order is perfectly appropriate.

    Hope this helps.

    See question 
  • Is my wife entitled to a portion of my restricted stock units that have not vested yet in Washinton State?

    Zeshan’s Answer

    I'm not exactly sure what "restricted stock units" are, but generally speaking, part of your unvested stocks (and the like) can be your wife's property. The legal theory is called the "time rule". Basically, if the stocks vest for your work to be performed *after* your separation, your wife would be entitled to the amount of those stocks for your work performed *up to* the the date of separation. If you have multiple vest dates (again for stocks earned for work performed during the marriage), end that calculation with the first vest date.

    One thing to also keep in mind is the distinction between separating and legally separating. There may be a difference that's meaningful in your case.

    I also think that consulting with an attorney for a more thorough analysis would be in your best interests.

    In any event, good luck.

    See question 
  • Do I have to wait till Im 65 to get any portion of my husbands 401?

    Zeshan’s Answer

    First, I'm sorry you're divorcing.

    It sounds like you may be asking one of two questions. The first (which I'm extrapolating) is whether you'd be entitled to part or all of your husband's 401k in the divorce. And I can't answer that question without a lot more information. The quick and generic answer is "you might".

    But your second question seems to be that, assuming you do get part or all of your husband's 401k, would you have to wait until yo're 65 to get it. And the answer to that question is likely "no." At the time of divorce, there would be an order entered called a "Qualified Domestic Relations Order" (a "QDRO"). It would say that some portion of your husband's 401k should be transferred into your name. From there, it's as if that amount is now your 401k. You can cash it out (understanding that if you do so before you're 65, you may incur a penalty and have to pay taxes on it).

    Anyway, I hope that helps. And again, I'm sorry about your divorce. Good luck.

    See question 
  • Can my ex-wife put in her will that her new husband gets custody of our daughter if she dies

    Zeshan’s Answer

    There are a lot of variables that would go into properly answering your question, but the short (and likely) answer is "no", your ex cannot do that. But that would depend on factors such as whether you still retain parental rights over your daughter (and/or whether your ex's husband has adopted your daughter), whether you posed a danger to your daughter, or that it would otherwise be in the best interest of your daughter to not be with you. If we assume that you're a fit parent and still have parental rights over your daughter, then my thoughts are that no, your wife cannot will your daughter's custody to her husband.

    Hope that helps.

    See question 
  • Looking for a consumer law attorney knowledgeable in the Fair Debt Collection Practices Act .

    Zeshan’s Answer

    At the risk of sounding (sort of) self-serving, I'd highly recommend my law partner, Antoinette Davis. She has an Avvo profile, where you can gather more information about her. But there are several qualified attorneys in the area that should be able to offer some guidance. Good luck, regardless.

    See question 
  • Can I be sued for deficiency on Home Equity loan? My home foreclosed 2 weeks ago. Both are Wells Fargo & taken at purchase time

    Zeshan’s Answer

    Ms. Powell provides sage advice - please talk to an attorney before paying off the second.

    And while the answer to your questions will depend on more facts, the short answer to one of your questions is that yes, the second mortgage lender can sue (even though both loans are with Wells Fargo). In fact, if your house is foreclosed, Wells Fargo could still pursue you for the loan amount of the second (and/or Home Equity).

    Good luck.

    See question 
  • What can legally be done when slander is spoken to a child about a parent?

    Zeshan’s Answer

    Mr. Pascale's suggestion is sound. Have your fiance speak to a family law attorney. I routinely include provisions in parenting plans that prevent either parent speaking disparagingly about the other (and this can be done after the fact too). Parental alienation is a real thing and your husband should take steps to prevent his ex from attacking the relationship he's trying to foster with his children.

    Hope that helps. Good luck.

    See question 
  • Restraining order

    Zeshan’s Answer

    Absolutely. But what you can get (or want) depends on the circumstances. Washington recognizes several things people commonly refer to as a "restraining order", and even among them, there are degrees to the restrictions. You can go here: http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=16 to see if the given forms and instructions apply to your circumstance (and address your wants).

    You can also get temporary restraining orders that will be in effect for 2 weeks until you can set a hearing for a longer restraining order (or anti-harassment order).

    The bottom line is you shouldn't tolerate anyone trying to hurt you, and there are remedies available.

    Good luck.

    See question 
  • Confused about what happens if have 2nd mortgage in a foreclosure.

    Zeshan’s Answer

    Mr. Foster's response is generally thoughtful and right, but I recall that Congress recently passed a law whereby debt forgiveness for a primary residence may not be a taxable event. I believe it was The Mortgage Forgiveness Debt Relief Act of 2007. Not being a tax attorney, I'm afraid I can't provide more substantive advice, but I'd recommend looking at the IRS website, looking up the statute I named on Google, or best yet, talk to a tax attorney to assess the consequences.

    In any event, good luck.

    See question 
  • I will most certainly be filing for chap 7 in april. I am not keeping my house and am moving out at the end of february.

    Zeshan’s Answer

    Historically, Sears and Dell, through their credit cards, have provisions in their credit agreements indicating that they have liens on whatever items you buy at their stores with their card. What this means is that much like a car payment or mortgage, they may have a "secured interest" to these items. If that's not the case, there's no need to notify these potential creditors at all before you file.

    If it is the case (and I imagine it is), and you're OK with letting these items go, you may want to wait until after you file, particularly since these debts would be listed as "secured debts". If there's a dispute about whether these are secured debts, you don't want the mortgage company coming in and saying that you lowered the value of the house by giving away items that should have stayed there. That fight might not directly affect you, but if you're looking for a fresh start in a chapter 7, why not make it quick and easy.

    If these companies want their items back, they can easily do so in the bankruptcy. And if you choose to hold on to these items, you'll want to know if you can before just letting them go.

    Do talk to your bankruptcy lawyer about this (so that s/he can plan the schedules accordingly).

    Hope that helps. Good luck.

    See question