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Film Series: Positive Images of Aging: 10/5, 11/2, & 12/7 

9/26/2012

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At Phinney Estate Law much of our work focuses on the negative aspects of aging but we also work with many older clients who remind us all the time of how amazing life can be at any age. 

In that spirit we wanted to spread the word about an upcoming film series entitled Positive Images of Aging at the Greenwood Senior Center.

The series will be the first Friday of the month at 1 pm.

October: Harold and Maude
November: Enchanted April
December: All Passion Spent. 

All are comedies and each movie will be followed by a discussion and snacks.  For more information call 206. 297.0875.

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Support Ref. 74 like us? Deadline coming to Register to Vote

9/24/2012

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Phinney Estate Law works with many same sex couples and understands how important passage of this referendum is for those families. The deadline is coming up for registering to vote in November for Referendum 74.   The deadline for mail in registrations is October 6th and the deadline for online registrations is October 8th.  King County tends to have a lower voter turn out percentage than other counties in part because people move here often and don't always keep their registration up to date.  We encourage everyone to double check whether their registration is current and correct.  It takes 30 seconds. You can register to vote online in minutes.

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Join Us on 9/30/12 for Walk Together for Marriage Equality

9/24/2012

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We invite our friends and clients to join us for a neighborhood Walk Together for Equality scheduled for 9/30/12 at 12:30 pm. 

This walk has been organized by several Phinney-Greenwood faith communities.  We will be meeting at the Woodland Park United Methodist Church at 78th and Phinney and walking 1.2 miles to St. John's United Lutheran Church at 55th and Phinney. 

Organizers are hoping to show the wide range of support for the rights of same-sex partners to marry.  Participants are encouraged to bring sign and banners with rainbow themes and messages of inclusion and support for marriage equality. 

For more information contact us by email.

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Case Law Update: In re Parentage of GWF & AWF

9/19/2012

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On September 17, 2012, Division One of the Washington State Court of Appeals issued a new decision about the division of assets acquired in an intimate and committed relationship.  The case involved a couple together since the mid-1980s and parents of two children and the context of the property division was a parentage action about those two children.

Much of the court's decision wasn't new law.  The court affirmed it continued commitment to dividing property with an eye toward a rebuttable presumption that all property acquired by the parties in a committed intimate relationship is community property-like and should be divided in a similar way.  In past cases the court has struggled with its dislike of earlier precedents on this topic is Washington and other jurisdictions that referred to these as meretricious relationships (which is latin for having the nature of prostitution) and expressed a preference for the term intimate and committed but continued to use both expressions throughout in order to quote prior cases.  This time the court managed to make it through the whole decision without using "meretricious" once which is a testament to the wealth of current Washington law they can now draw on and a healthy reflection on the courts comfort with less traditional relationship agreements.

The court also upheld the idea that couples can rebut the presumption of community property if they have entered into a co-habitation agreement to have their property treated differently.  They also affirmed that these agreements can be in writing and or oral.  In this case the agreement was oral.  The court found that in such cases the agreement must be adhered to in addition to having been entered into be enforceable but found that substantial adherence was sufficient and that minor changes along the way would not render the agreement null and void.  Even though the court saved this agreement the decision is a thoughtful reminder of how hard it is to adhere carefully to oral agreements and should probably be seen as a recommendation to put any such agreement in writing so that it can be enforced without going to the Washington State Court of Appeals.  The court also upheld that any such agreement needs to be procedurally fair with both parties have full disclosure and time to consider the agreement and seek counsel. 

What was new law in this case was the question of first impression about what ends such a relationship.   The court found that while a marriage is only defunct when there is some conduct by both parties that demonstrates that the marriage is over, a committed relationship ends as soon as one person expresses their desire to end it even if the parties continue to reside together and the other party wishes the relationship to continue.

If you are currently living with a partner in Washington or considering taking that step and want to better understand your rights or explore entering into co-habitation agreement, please contact us to schedule a free 1/2 hour consultation to discuss your situation by calling us at (206) 459-1908

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Dumping Dad's Drugs

9/17/2012

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As our clients wrap up the estates of loved ones they often find themselves confronted with practical problems along with their grief and legal issues.  One common question we get is "what do I do with all my dad's drugs."  It isn't uncommon for powers of attorney and executors to be confronted with a a mass of over the counter and prescription drugs that need to be disposed of and some real questions about the law, safety and the environment.  Here is our advice:

(1) Don't try to use them or sell them.  Its illegal and dangerous.

(2) Don't dump them down the drain or flush them down the toilet.  It is also illegal in many jurisdictions and can contaminate the water supply.  Not a good legacy.

(3) Don't crush them or grind them up.  Some people do this thinking it will avoid misuse by others but many prescription drugs, especially those treating HIV and cancer can be dangerous to inhale in particulate form.  In fact, it is best to avoid touching medication you are unfamiliar with unless you are wearing plastic gloves.

(4) Don't think you are required to take them to a take-back center for incineration.  It isn't legally required and most research suggests it isn't worth the time, money, or emissions.

(5)  Do dump all medications out of their original containers and into zip lock bags containing used coffee grounds or used kitty litter.  This will help keep them out of the reach of kids, dumpster divers, and animals.  Seal the bag and dispose of them in the trash.  Use a sharpy to cross out all personal information on any prescription bottles and/or crush the bottles to avoid their being illegally refilled and/or being used for identity theft.  Toss the seal bags and containers in the trash.  This is consistent with the FDA recommendations and Seattle disposal advice.

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Jamie Clausen Elected Co-Facilitator of Phinney Neighborhood Association Business Advisory Board.

9/13/2012

3 Comments

 
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This summer the Phinney Neighborhood Association launched a new program for its business membership to provide more benefits for business members, create a tighter relationship between businesses and residents in the community, and fill the gap left by the recently mothballed Chamber of Commerce.  Phinney Estate Law Attorney, Jamie Clausen, was a member of the taskforce that brought about the new program and was elected this month and co-facilitator of the new group.  The group will be working help support and grow our vibrant local business community and help make it receptive to the needs of the greater community.

Jamie is also the head of the law subgroup and is co-chairing the planning of future PRIDE events.

If you want more information of the program or ideas of how we can improve the neighborhood business community, let us know and we will put Jamie to work!

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    PEL Blog

    This Blog is written by Seattle Attorneys Jamie Clausen & Michael Ballnik.
    It is made available for educational purposes only. Its purpose is to give you general information and a general understanding of the law, not to provide specific legal advice. Reading this blog does not create an attorney client relationship between you and Phinney Estate Law. Because each individual and family is unique, the Blog should not be used as a substitute for legal advice from a licensed professional attorney in your state.

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