Merry A Kogut

Hello! I enjoy helping people across Washington with Small Claims Court, Homeowner Associations, some estate planning, & some guidance, advice, and writing demand letters. I also help with administrative agencies, residential contractors, frauds, scams, consumer protection, landlord/tenant and etc--but I no longer handle lawsuits. I've been a licensed Washington State attorney since October, 1986 - Read about me here: https://www.keypeninsulalaw.com/

I usually recommend practical approaches to resolving problems; legal means, in my opinion, should always be the last resort.

To make a phone appointment, please email me here: KeyPenLaw@gmail.com or use the form on my website. Please, do not "cold-call" my phone without a prior appointment. Please do not text my phone.

Thank you! I look forward to helping you soon.

• General
• General Civil

• FaceTime
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• Rates, Retainers and Additional Information
  My fees are either flat or hourly, depending on the nature of the work. I often provide a free twenty (20) minute phone consultation to see if your matter is something I want to handle, and to see if you think I'm the right attorney for you. I do not start work before we sign an engagement letter, and I will almost always requst a retainer in advance (the retainer will be put into my trust account and remain your money until my work is completed and you're satisfied with my work - however, I cannot guarantee any particular results or outcome.

Washington

Washington State Bar Association

ID Number: 16153

Since 1986

Washington State Bar  # 16153

Member

1986 - Current

Q. Am I experiencing verbal assault from my wife's threats during a heated argument?

June 23, 2025

A: I am so very sorry to hear about what has been going on with you and your wife.

Hip surgery aside, if your wife behaves to you on a regular basis in this manner, many people would consider you the victim of an abusive domestic relationship, including the threat of domestic violence, regardless of your gender, age, or other factor.

Threatening anyone with physical harm can sometimes be considered a crime, but a prosecutor would look at whether a person is in imminent. There is extra protection for "vulnerable adults," and while this term generally applies to a person 60 or older, or a person who lacks the ability to care for themselves, the term could potentially apply to you even with a temporary disability.

I am concerned for your welfare. No matter what your gender is, I encourage you to spend some time reading through this excellent website: https://www.womenslaw.org/laws/wa/restraining-orders This website will answer some of your questions and may get you thinking about some issues you haven't thought about before. Notice that the website includes "places that help" and also an "email hotline." If your wife may be monitoring your emails, texts, or phone calls, please ask a friend or family member to make the connections/contacts on your behalf, and be very careful.

Keep in mind that you can always call 911. The police or firefighters would rather come out to your home for a "false alarm" than risk having you be injured or killed. They can also help remove you from a dangerous situation and help transport you to a safe location.

I hope I have been of help to you today.

Please be aware that my answer constitutes educational information only, and no attorney/client relationship has been formed between the two of us. I do not handle this type of legal work, and am only responding because I'm concerned about you.

Best,

Merry ... Read More

Q. Is inherited trust property considered heirs property in Washington without a will?

June 19, 2025

A: I'm sorry to hear that your mother and aunt are at odds over the trust. And I don't mean to waffle in any way, but there is no way to answer your question without reviewing the entire trust. The trust itself should say who the beneficiaries are, which can be altogether different people (and sometimes charities) than who the trustees are.

If - and this is a big if - your mom and aunt are the co-trustees but also the only named beneficiaries, their problem is not that unusual - that is, that one person wants to keep the real estate, and the other wants to sell.

If that's the situation, they can try to figure out if your mother can buy out your aunt's share, and keep the property - one way to do this is to get a neutral appraisal of the value, and have your mom obtain a loan or pay your aunt on contract. They can try to work out the details using a mediator, if they're arguing.

If they're in a big argument, they may each need their own real estate attorney to work out a deal for your mom to buy out your aunt.

If your mom can't afford to buy out your aunt's share, your aunt could force a sale of the property through a "partition" action.

But, one step at a time - the first step is to have a trusts and estates attorney review the trust for your mother (the same attorney cannot represent both your mom and aunt, and your mom should probably consult her own attorney.) This can often be done for a flat fee, and a 30 minute session may be enough.

One way to find trusts and estates attorneys in Washington is through NAELA.org

Another is, of course, through Justia.com, the site you're currently visiting.

Best wishes to you and your family,

Merry ... Read More

Q. Can I get non parental visitation?

June 9, 2025

A: I'm so very sorry to hear about your family situation.

In Washington State, an aunt/family can sometimes succeed in having a court grant visitation rights with a nephew. But it's not easy, and there are strict rules.

You would need to file a petition with the Superior Court in the county where your nephew lives. To have a chance, you must show that you and your family had a strong, ongoing relationship with him—usually for at least two years.

You’ll also have to prove that visiting with you is in your nephew’s best interest, and that not seeing you would likely harm him in some way. Courts usually assume parents know what’s best for their kids, so you’d need strong evidence—like a psychologist’s opinion—to prove otherwise.

Keep in mind:

If the court denies your request, you might have to pay the parents' legal fees.

It’s a good idea to talk to a family law attorney first. The process is complicated and the legal standard is high.

Even though people often say aunts don’t have visitation rights, Washington law changed in 2018. Now, close relatives like aunts can ask the court for visits in certain situations.

I hope that is helpful to you. If you decide to consult with a Washington State family attorney, you can use any licensed in Washington, but it may be most convenient to consult with (and possibly hire) someone who practices in the county court in the county in which you live. You could get a consultation with an attorney prior to deciding whether or not to hire him or her. Be sure to check reviews/references for any attorney you consider hiring, as you will be hiring a very expensive "employee." Also, be sure you fully read and understand the representation agreement before signing - some attorneys charge a fortunate for what I'd consider small things, such as responding to an email or phone call (some attorneys charge a flat fee of as much as $50 just to respond to an email, so, please, be very careful).

Good luck to you, and I hope I've been of some help. I don't handle this kind of work myself, but just wanted to provide you with some entry-level information.

Best,

Merry ... Read More