The Washington state legislature has passed, and Governor Inslee is expected to soon sign into law, legislation that will significantly limit noncompete clauses in contracts between businesses, their employees and independent contractors.

Effective January 1, 2020, this new law will prohibit all noncompetition agreements for employees whose W-2 earnings are less than $100,000 annually, and for independent contractors paid less than $250,000 per year. The legislation states that those amounts will be adjusted annually for inflation, just one aspect of this law which could pose a headache for employers. Another headache might be created if an employee’s...Read More

If you are in a divorce process, you have to think outside the box when you consider division of your estate—your estate may be more than just homes, cars, investments, and retirement accounts. Think about the activities, vacations, and other benefits you’ve enjoyed together, and you may find there are additional items up for discussion. Some of the more uncommon assets requiring division include:

• Airline miles and Reward Points
• Cryptocurrency
• Venmo or Paypal accounts
• Pets (as they are considered property and, therefore, an asset)
• Gold/Silver/Other precious metals...Read More

In a marriage dissolution, individuals frequently ask what assets and debts are subject to the Court’s orders in a divorce.  All separate and community property is subject to division and distribution in a divorce.  As such, it is important to understand what is a spouse’s separate property versus what is the marital community property.  Courts must identify the marriage’s community property and each partner’s separate property in order to understand how to divide the assets upon divorce.  Below we discuss how courts define community and separate property, as well as the complexities involved with defining community...Read More

What is a Committed Intimate Relationship?

In Washington State, common-law marriage—legal recognition of marriage without having formally registered their relationship—is not lawful.  However, Washington courts have adopted a definition for a long-term, unmarried relationship known as a committed intimidate relationship (“CIR”). The existence of a CIR creates a presumption that all property acquired during the relationship is owned by both parties.

A court must examine several factors to determine whether a relationship qualifies as a CIR:

• How long has the couple been together/lived together?
• Was the cohabitation continuous?
• Did the parties present themselves as a...Read More

“I am involved in an estate dispute as an heir/beneficiary of the disputed estate… what do I do?”

Throughout my years counseling individuals through the resolution of their estate disputes, this question has occurred frequently.  As an heir or beneficiary in a disputed estate, it is always recommended to hire an attorney, even if only for an initial analysis of your position in the dispute.  This step is not required but given the complex nature of the procedures associated with estate litigation and administration, I urge you to consider obtaining the counsel of an experienced estate...Read More

For various reasons, testators frequently distribute portions of their estate to their kids, heirs, and loved ones before they die.  Reasons can vary from reducing or avoiding taxes to simply recognizing an heir’s greater need for financial help in the moment.  Questions often arise later concerning how the distribution should be characterized, such as: Were the distributions gifts, loans, or advances to be deducted later from an inheritance?  Naturally, the recipient of the distribution would usually prefer for the distribution to be characterized as a gift, whereas the other heirs of the testator would prefer that...Read More

Washington law allows a person to dispose of certain kinds of tangible personal property at their death in a writing separate from their last will and testament.  For purposes of the law, “tangible personal property” is defined as “articles of personal or household use or ornament,” such as furniture, furnishings, cars, boats, jewelry, art, and precious metals.  It can also include articles held for investment purposes.  It does not include property used primarily in trade or business; mobile homes; real estate; or intangible property such as money that is normal currency, bank accounts or other monetary deposits, securities, or...Read More

In Washington, disputes in construction projects often involve complex issues between numerous parties.  Parties to a construction project may include prime contractors, subcontractors, suppliers, and laborers, all of whom work with the expectation of compensation for their services.  When these parties are not paid for their work they may file and attempt to enforce liens to ensure their rightful payment.  RCW 60.04 governs the filing and enforcement of mechanics’ and materialmen’s liens, which are a crucial tool for collection efforts pertaining to unpaid construction work.  However, legal representation is often necessary to navigate through the...Read More

Individuals entering divorce proceedings often hold many questions about the process. When counseling people through divorce we consistently encounter one question: how will the marital assets be divided by the Court?

Factors Affecting Asset Division

RCW 26.09.080 provides us with an answer in that “the court shall…make such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable after considering all relevant factors”. The statute goes on to discuss the four relevant factors:

• The marriage’s community property.
• Each partner’s separate property.
• The duration of the...Read More

Elizabeth (Beth) L. Van Moppes recently wrote an article for the April 2019 Washington State Bar Bulletin on the impact that unconscious bias can have on a workplace investigator's determinations and how to best fight those innate human biases. She states that implicit prejudice can have the greatest influence in an investigator's decisions about credibility. However, it also plays out in less obvious ways that the more readily identifiable immutable characteristics of traditionally disadvantaged groups like color, race, age, gender, ethnicity, and religion. Among the effects and influences that investigators can have upon their investigators, studies...Read More