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Mark Alan Morenz-Harbinger

Mark Morenz-Harbinger’s Answers

21 total


  • Who would inherit, my aunt's estate if she dies intestate in Washington State

    Mark’s Answer

    As I understand your question and WA's statute on intestate succession: As nieces and nephews, any of you who survive you aunt would be considered qualified "issue of the parent or parents" of the deceased (RCW 11.04.015(2)(c)), and you would take before any of the cousins, who are considered "issue of any grandparent or grandparents" (RCW 11.04.015(2)(e)).

    Also, since you and your sisters are equally remote in the line of succession, you would take equally.

    Best,
    _Mark

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  • What to do about our child when leaving my abusing boyfriend?

    Mark’s Answer

    I am sorry for your situation. You definitely should try to secure an attorney. An attorney can better explain your options after you have had a consultation with them and explained all of the specific facts of your case.

    An attorney will ask you, during your consultation, about the specific abuse, for example; and will help you clarify your goals. And that will help you with next steps. Good luck!

    _Mark

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  • Does a judge usually use the expertise from a title company to determine ownership on a piece of real estate?

    Mark’s Answer

    Well, the Judge *will* decide. But the Judge doesn't (that is, shouldn't) pull the numbers/percentages out of thin air or based on how the Judge feels about it. It is a question of law and fact, based on the drafting of the Deed (law) and the history of that parcel of property/previous deeds (fact/law).

    The judge can and should take into account what the various parties and their attorneys are saying. And title company's expert opinion, if that opinion is from an attorney on staff, will be highly considered. But, ultimately, it is a question of law and fact. Good luck.

    Best,
    _Mark

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  • I think a family member is hiding the original will and trying to run out the clock

    Mark’s Answer

    You say you were named 'administrator'. That implies that a probate proceeding has been initiated in the Courts, and that the presumption was that there was no will. A lot needs to be taken into consideration, but you, generally, cannot be held responsible for withholding a will that you wasn't aware existed. The question of what legal theory to proceed under (for example, you mention the 'lost will' doctrine) is a question that can only be answered in consultation with a probate attorney—and one that is experienced in adversarial probate litigation. That attorney will need to know the intimate facts of the estate, the procedural history of the case, and the documents in question.

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  • What is the Marshall Wall Law?

    Mark’s Answer

    I'm not aware of any such 'law', at either the state or the federal level.

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  • What are the the steps of starting the stepparent paperwork when you’re about to get a divorce from wife?

    Mark’s Answer

    In the facts you've described one possibility is to initiate a non-parent custody petition (this is separate from the divorce petition) to try and secure residential time with your step-child. I would not wait until after the divorce to do this. But most everything around both divorces and non-parent custody petitions are heavily fact-dependent and at the Court's discretion. The ideal is to achieve some kind of agreements on each through negotiation. I agree that you should have an experienced family law attorney to guide you through the process.

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  • Is my father entitled to get his property my brother took from him after my brother's death?

    Mark’s Answer

    I agree with everything Ms. Silva is saying. The Will/No Will question controls a lot. If there is a will then you will likely need to file a claim against the estate. If there isn't, I would just add that something it is better (more effective) to have at attorney draft a Demand Letter to request the tools. It's requires a lot less attorney time (and is, therefore, less expensive) and can just convince the other party that you're serious without engaging in all out litigation. Either way, it is better to do something relatively quickly rather than let a lot of time go by.

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  • Should co-executors have independent legal representation?

    Mark’s Answer

    Understanding the caveat that, until an attorney reads the will and investigates the facts, they cannot give you a specific answer to your specific question-- Generically speaking, the attorney is not representing the estate, they are representing the personal representative (who, in turn, has the fiduciary responsibility to the estate).

    In what you describe: Even IF the attorney was engaged by you and your stepsister JOINTLY, since you and she have a disagreement concerning the distribution, your interests are no longer aligned and you almost certainly need to have your own independent counsel to advise you moving forward.

    _Mark

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  • If a couple gets a legal separation Can the wife take the furniture that mother gave her son. Like an early inheritance ?

    Mark’s Answer

    An addendum to the previous answers: Your son would be the client, regardless of who pays. You would not need to fly out-- but your son should consult with an attorney (some offer free consultations) to find out the legal options based on the specific facts is his situation, just as the previous answers indicated.

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  • Can the other parent and i agree to visits not specified in our parenting plan and have it notorized to be legally bound?

    Mark’s Answer

    I completely agree with the excellent answer already given.

    ONE OTHER THING I would add: It might be worthwhile to hire an experienced Family Law attorney just to draft the agreed parenting plan addendum/Order. For just a couple of hours' work, that attorney can probably help the two of you anticipate contingencies in the future that you are still missing *and* the attorney can present it at the ex parte docket, so that neither of you need to show up at court.

    It is not a *must*, just a best case way to move forward, if you have the funds.

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