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Mark Alan Morenz-Harbinger

Mark Morenz-Harbinger’s Answers

21 total


  • As P.R. of Estate, do I have to submit a STATEMENT OF CASE STATUS, if the Estate is not closed in a year?

    Mark’s Answer

    It depends on whether or not you have been granted nonintervention powers in the Order authorizing your Letters Testamentary. If you have, the estate is not under the Court's jurisdiction in the first place and there is no reporting requirement.

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  • Can an executor transfer property deed to inheritee before removing the deceased's 'residual' tangible goods?

    Mark’s Answer

    A big question is whether or not the Executor is doing this with Nonintervention Powers. If they are, then a Petition may not be needed. A simple demand letter from an attorney to the Executor and some negotiating might get the job done. That way you can keep it out of Court but still get the relief you want.

    Best,
    _Mark

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  • If my name's on my father's safety box do I have to share the contents with anyone?

    Mark’s Answer

    According to WA law (RCW 11.02.130), whatever provisions there may be in the safe deposit box lease/agreement regarding things like: your name being on the safe deposit box, or co-ownership of box with the deceased, does NOT allow transfer of possession of the box's contents directly to you outside of probate. The contents of the box are part of the deceased's estate.

    Best,
    _Mark

    --
    Mark A. Morenz-Harbinger, Attorney-at-Law
    HARBINGER LAW, PLLC // "See Success"
    Ph: (253) 234-1205 // Fx: 866-501-8913
    4040 Wheaton Way
    Suite 203
    Bremerton, WA 98310
    www.harbingerandassociates.com

    NOTICE: HARBINGER LAW, PLLC is a general civil law solo practitioner serving the Seattle South Sound, Kitsap Peninsula area. This electronic mail transmission is for the use of the named individual or entity to which it is directed and may contain information that is privileged or confidential. It is not to be transmitted to or received by anyone other than the named addressee (or a person authorized to deliver it to the named addressee). It is not to be copied or forwarded to any unauthorized persons. If you have received this electronic mail transmission in error, delete it from your system without copying or forwarding it, and without opening the attachment(s), if any, and notify the sender of the error by replying via email or by calling Mark Harbinger at (513) 364-0119 (collect), so that our address record can be corrected.

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  • What is difference between small estate affidavit and letter of testament?

    Mark’s Answer

    I'm very sorry for your loss.

    "Letters Testamentary" are what the Court gives you after you've successfully opened the estate for probate and the Court designates you as the Executor(trix) or Adminstrator(trix).

    A "Small Estate Affidavit" is a series of documents/waivers which enable you to essentially avoid probate altogether; but there are certain requirements and your father's estate may not qualify.

    From what you are describing, you need an attorney to walk you through which of the above your situation qualifies for, the possible steps to be taken, and assist youin order to get the bank to comply.

    Best,
    _Mark

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  • Am I required to delete social media photos of children from a previous relationship?

    Mark’s Answer

    Ex-stepparents are legal strangers to their children unless certain acts exist that prove that they are still acting as a parent. In other words, "De Facto Parentage" is a specific remedy that only applies in certain factual situations.

    One of the elements is that "the natural or legal parent consented to and fostered the parent-like relationship," Since you no longer seem to have that consent from the natural parent, de facto parentage would no longer seem to be an option for you at this point.

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  • What do I need in order to move from Washington to Texas with my 1 year old?

    Mark’s Answer

    The answer to your immediate question is: "nothing". Based just on what you have shared, he has no standing to ask a court to restrict your relocation.

    However, depending on the facts (How is TX a better life for your son? What is the biological father's life like, etc etc), it might be in your best long term interests for YOU to establish paternity/child support obligations. For one thing, you child has that money to them (for the next 17 years+). Second, you would not want the putative father showing up and causing trouble with a paternity / custody action later on as a surprise. Discuss it with an attorney to see how the timings of things can play out.

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  • What do I do when my ex husband violates our parenting plan?

    Mark’s Answer

    The specific wording of the Parenting Plan (PP) will determine whether or not your ex has the authority to stop counseling sessions for your daughter. An attorney can confirm that your interpretation is correct. And-- if your interpretation of the PP is correct-- that attorney can help you prepare and file the proper Motion, if your ex continues to not comply with the Court's orders.

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  • Do i need legal representation?

    Mark’s Answer

    Is this accusation an actual lawsuit, or just a threat of one? Either way, you should consult with an attorney and share the facts so they can advise you. If you've actually been sued, then you might have a deadline in which to reply.

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  • Where is the law or statute that allows prosectors to make me go to court every month for child support review hearing?

    Mark’s Answer

    RCW 2.28.010

    Courts have the power to summon anyone for whom they have subject-matter and personal jurisdiction over, any time they want.

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  • Should I send my son across state lines before his father's probation is approved?

    Mark’s Answer

    In the type of scenario you are describing, parenting plans can be modified by a Court when the Court decides that “substantial changes” in circumstances have occurred since the decree which make the current situation “detrimental to the child's physical, mental, or emotional health and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child” or if adjusting the parenting plan would be in the “best interests of the child”.

    Criminal charges against a parent often constitute a “substantial change” in circumstances. So, you should be able to ask the Court to modify the Parenting Plan. Consult with an attorney for specific suggestions after they gather all the facts about your situation.

    Best of luck to you and your family.

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