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

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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. Can I regain custody of my son if his father refuses to return him and has a pending felony charge in Grant County, WA?

February 18, 2025

A: I am so sorry that you have been going through this, but at the stage I'd strongly urge you to file a legal action for custody in whatever Family Court (through Superior Court) is closest to you in Washington.

If you are low-income, you may be able to get free legal assistance in this matter.

In any event, this is a great starting place to find information to help you: https://www.womenslaw.org/laws/wa

Read through the sections on custody and parental kidnapping before you contact this organization for an appointment.

In Grant County, you may be able to go to the courthouse and get some help specific to Grant County, too. Here is the starting place for information about that: https://www.grantcountywa.gov/307/Court-Facilitator-Information

Good luck to you!

Merry ... Read More

Q. As a legally heir in a WA St trust do I have the right to request the trustee be transparent with the monetary amounts?

February 18, 2025

A: I'm so sorry you're going through this.

Yes, as a beneficiary of the trust, you have the right to request more transparency under Washington law. Trustees have a legal duty to keep beneficiaries informed about the trust’s assets, which includes providing an accounting if requested.

In Washington, RCW 11.98.072 and RCW 11.106.020 say that a trustee must give beneficiaries information about the trust, including a breakdown of assets, income, and expenses. So if the trustee is just giving you a dollar amount without any proof, you can formally request a more detailed accounting—including bank statements—to verify what’s actually in the trust account.

If the trustee refuses or is being evasive, that’s a red flag. They’re required to act in the best interests of the beneficiaries, and withholding financial details could suggest mismanagement.

Your next step would be to send a written request for a full trust accounting. I recommend you send a certified, return receipt letter or some similar way of writing that will guarantee you receive a receipt showing the the Trustee received your letter (Fedex or UPS may also offer this type of service - USPS is the traditional way of sending this type of letter to get a receipt, but in my recent experience, they took weeks).

If the Trustee still won’t comply, you may need to consult a trust litigation attorney to push for more transparency—or even take legal action if something shady is going on. ... Read More

Q. My wife and I just bought a home, but due to distance, we were unable to physically see the house.

February 9, 2025

A: I am so sorry to hear about this. Unfortunately, your recourse may be a bit limited, unless the Realtor and/or Seller were deceptive in some way - for example, if the sellors lied or omitted information in their "form 17" disclosure statement.

Most inspection contracts include language in which the person(s) ordering the inspection agrees that in case of a dispute, the most money they can get from a negligent inspector is the amount of money that they paid the inspector. However, once in a while, an inspector doesn't use a contract, or doesn't use a contract with this language, in which case, you could go after the inspector.

I suggest that you schedule a one hour consultation with a real estate attorney and go over the paperwork and what happened - and perhaps from a larger city, such as Spokane, Seattle, Tacoma, or Olympia.

Most counties in Washington in county attorney referral offices, but many such attorneys are "green" and trying to get clients - so be sure that you question the attorney about their knowledge, experience, and success.

Another way to find real estate attorneys is through the directory and/or lawyer referral at the state bar association, at WSBA.org.

Another way to find attorneys for a consultation is through ContractsCounsel.com - be aware that although you'll find an attorney to consult with you through any of these websites, you are responsible for your own vetting.

If you know anyone in Whitman or Spokane County, you may want to ask people to recommend someone - but make sure you find someone experienced in buying and selling residential real estate. Many people pick the wrong kind of attorney with whom to consult - a family law or criminal law attorney is not going to be your best bet.

You may want to consider a kinder/gentler approach. This would include putting together a list of bids to fix each issue in the home (eg, three bids for the deck, three for the kitchen, or whatever the problems are) and attempt to negotiate with the seller - sometimes, one can be successful on one's own, or through mediation with a certified, third-party mediator who may be able to help you work out a settlement (mediators have no authority to issue orders, but they can help parties enter a win win settlement vey often).

Good luck to you!

Merry

KeyPeninsulaLaw.com ... Read More