Timothy H Esser Attorney

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(509) 332-7692Call Visit WebsiteVisit Website Map & DirectionsDirections520 E Main StPullman, WA 99163 Write a ReviewWrite Review

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Phone: (509) 334-1200

Phone: (509) 432-0862

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Esser, Timothy H, JD

Esser Timothy H

R Timothy

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https://agents.farmers.com/wa/pullman/timothy-paul

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Attorneys, Business Law Attorneys, Business Litigation Attorneys, Child Custody Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys, Divorce Attorneys, Domestic Violence Attorneys, Estate Planning, Probate, & Living Trusts, Family Law Attorneys, General Practice Attorneys, Insurance, Labor & Employment Law Attorneys, Personal Injury Law Attorneys, Tax Attorneys, Traffic Law Attorneys, Trust Companies, Wills, Trusts & Estate Planning Attorneys

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Phone: (509) 332-7692

Address: 520 E Main St, Pullman, WA 99163

Website: https://agents.farmers.com/wa/pullman/timothy-paul

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Timothy H Esser Attorney

Divorce
Child Support
A dissolution is initiated by filing a Petition in the Superior Court and serving a copy on one’s spouse. The issues (e.g., division of assets and liabilities, parenting plan, child support, etc.) do not have to be resolved before the Petition is filed, in fact they usually are not resolved at that point. A divorce cannot be finalized until 90 days after the Petition is served. Nothing automatically happens on the ninetieth day. If the parties are unable to reach agreement, either party may ask that a trial be scheduled – the trial may not take place for several months.
Child Custody and Visitation
The law no longer uses the words custody and visitation. Instead, the parties seek to reach an agreement, and if they can’t reach an agreement, the court will order a parenting plan after trial, determining where the children will live and when. The children normally reside primarily with one parent, although 50/50 parenting plans are not uncommon. The time spent with the non-primary parent is not at the whim of the primary residential parent. The non-primary residential parent has an absolute right to have residential time with the children as set forth in the parties’ parenting plan.
Guardianship
If a person becomes incompetent, a petition for guardianship may be filed with the county court and after a fairly expensive and lengthy process, a guardian may be appointed to manage the disabled person’s affairs. A durable power of attorney prepared at a time before the principal becomes disabled avoids the need for a guardianship.
Spousal Support
Maintenance (formerly termed alimony) may be available as a matter of discretion – not as a matter of right. It is usually considered of a temporary nature and is primarily dependent upon the need of one spouse, and the ability of the other spouse to pay. The factors to be considered by the Court in making a decision to award maintenance are set forth in RCW 26.09.090.

Criminal Defense
The right to advice and representation by an attorney is fundamental to exercising other rights guaranteed by the U.S. Constitution. A lawyer can use his or her knowledge of criminal law to protect the accused from unfair accusations, convictions and punishments. Some of the important services a lawyer can provide are...
DUI/DWI
DUI in Whitman County: $2,500 flat fee, which covers representation in the criminal matter and the Department of Licensing administrative hearing. Costs to be paid by client in addition to flat fee, which primarily consists of the DOL hearing request fee ($375). Additional fee due if the case proceeds to jury trial. Fee only applies to non-felony DUI cases, and only applies when DUI is the only charge that the client is facing.
Traffic Violations
If you were convicted of Negligent Driving in the first degree, Reckless Driving, or Reckless Endangerment, and the original charge was DUI, in addition to the above criteria, ten years must have passed since you completed the terms of the sentence;
Sex Crimes
RCW 9.96.060 provides the procedure for vacating misdemeanor and gross misdemeanor convictions. Certain convictions cannot be vacated, including convictions for DUI, convictions for a “violent offense” (as defined in RCW 9.94A.030 ), and convictions for sex offenses charged under RCW chapters 9.68, 9.68A, or 9A.44.
Misdemeanors
Sometimes the best time to plea bargain is before charges are filed. Only the prosecutor can charge a felony. For misdemeanors, unless the police issue a citation, the prosecuting attorney decides whether to file a charge. Sometimes the prosecuting attorney can be persuaded that a charge should not be filed or that a reduced charge should be filed.
Restraining Order
Not be currently subject to a restraining order, or within the five years prior to the vacation application have been found to commit a violation of a NCO;

Business and Corporate Law

Business Disputes
Limited Liability Companies
“C” Corporations, “S” Corporations, Limited Partnerships, Limited Liability Companies, Partnerships – What are they? What type of operating entity is best for your business? In selecting the operating entity to best fit your needs, a number of factors should be considered.

Employment Contract
For example, assume one’s net income the last three years has averaged $118,500 before taxes. If they operate as a sole proprietor or in a regular partnership, social security tax will be paid on the entire profit. On the other hand, if one operates as an “S” Corporation and has a written employment agreement, the employee could perhaps draw a $40,000 salary, pay out the remainder in dividends and save $12,010.50 per year in Social Security taxes. Here is the math...

Personal Injury
In evaluating a personal injury case in terms of whether it is worth pursuing, and if it is, what would be a fair fee arrangement between the client and the attorney, at least three factors should be considered: liability, damages, and solvency of the defendant.

Trusts and Estates

Estate Planning
A comprehensive estate plan should take into consideration the many estate planning instruments available to practitioners. Each person’s situation is unique, due to family dynamics, net worth, self-employed business succession goals, health care concerns, etc. A brief overview of common estate planning documents follows.
Wills
Trusts
Trusts. Property may be transferred in trust to a named trustee, who may be the grantor of the trust. The trust may include instructions for the transfer of the property upon the death of the grantor. These arrangements are sometimes referred to as living trusts. We often utilize trusts for older clients, particularly clients who own real estate in another state. If one transfers all of one’s property into a revocable trust, and diligently manages to take title to all future acquisitions in the name of the trust, the use of the trust may avoid the administrative expense involved in probating a will. This may well be a benefit for an older client who would not have to incur the expense in both time and money in managing such a trust for many years.
Power of Attorney
With a durable power of attorney one appoints a trusted person to manage his or her affairs, including the option to make health care decisions, should he or she become disabled. Usually, a durable power of attorney is effective at the time it is signed, but it is not used unless the principal in fact becomes disabled.
Probate

Tax Law

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