Probate is not always necessary. If your deceased mother owned bank accounts or property with your sister, the surviving co-owner often will then own that property automatically. If your sister was named as the payable on death beneficiary of the bank account, probate probably is not be required.... View More

In General:

A common scenario arises when the injured person is a passenger who brings a negligence claim against the driver of the same vehicle. The driver and passenger may be insured against liability under the same policy, either because they are members of the same household or because... View More

The answer to your question is complicated, and more information is needed.

Generally, a person has 60 days after filing a Voluntary Acknowledgement of Paternity to request that the father’s name be removed from the birth certificate, or more than 60 days if the request is based on... View More

Oregon custody laws encourage parents to share in the rights and responsibilities of raising their children so long as it is in the best interests of the children. There is a distinct difference between a custody determination and parenting time. Custody decisions are about who will have... View More

The deceased wife's estate will have to go through probate. Probate is the legal process whereby a court oversees the distribution of assets left by a deceased person. The house is considered an asset of the surviving spouse if they held title as husband and wife. When the husband died, the... View More

Oregon and most other states follow the Uniform Child Custody Jurisdiction Enforcement Act. This law generally requires that custody disputes be resolved in the home state of the child. The home state of the child means the state in which the child resided for at least the six months immediately... View More

An inheritance is considered a gift. Gifts received by one spouse during the marriage are not subject to a presumption that the gift was acquired by the parties equally as long as the gift was held separately and not commingled into the joint financial affairs of the spouses. Although the... View More

A restraining order is a court order, and as is true with all court orders, it must be complied with by both parties.

The restraining order is effective for one year and can be renewed annually.

You may request a hearing within 30 days after you were served with the order. If... View More

The petition is the document that is filed with the court to begin the probate process. Probate is the legal process whereby a court oversees the distribution of assets left by a deceased person. Assets are anything a person owns with value, such as real and personal property and cash.

If you and the at-fault driver are residents of Oregon, then you have the option of filing suit in Oregon or Idaho. In Oregon, you would have to file suit in the county in which the at-fault driver resides or the insurer conducts business. If the insurer conducts business in ID and OR, which is... View More

When an unmarried couple separates, Oregon courts attempt to determine the parties’ intent when deciding whether and how to divide property acquired during the relationship. The key inquiry is whether the parties intended to “pool their resources for their common benefit.”

You... View More

Once you are divorced, the court's General Judgment of Dissolution of Marriage is the court order determines your and your former spouse's rights and responsibilities regarding ownership and occupancy of the home and payment of the mortgage. You will have to review your General Judgment... View More

A court has authority to modify a child support order when there has been a substantial change in economic circumstances that was not anticipated at the time of the original judgment. To determine one's income, the court considers both actual and potential income. “Actual income” means... View More

In Oregon, there is a legal presumption that the value of any asset, except inheritances or gifts, acquired during the marriage will be shared equally at the time of divorce. Typically in Oregon the court uses the value of assets at the time of divorce, not separation. There are some exceptions.... View More

Filing a lawsuit against your mother would certainly create awkward times during the holidays. There are other ways to get the information you seek. Get a certified copy of your birth certificate from the state in which you were born. If that doesn't have the information you seek, then... View More

There are many different types of protection orders under Washington law so it is difficult to answer your question. Generally, any order, including a protection order or no contact order, can be modified by the same court that issued the original order if there is good cause. For example, a court... View More

I am so sorry to hear of your dilemma. You will need to consult with an attorney in your area to determine whether you have unwittingly undermined your claim by trying to present your claim without legal representation. Generally, whenever there is a motion to modify custody, you as the moving... View More

As the owner of the vehicle, you are generally liable for the actions of persons you permit or allow to use the vehicle. You do not want your brother's legal and financial problems to become your legal and financial problems. Steve Dashiak's answer is spot on. There's an old... View More

It is now possible under Oregon's "harmless error" statute that a written document that is not signed in the presence of, and by two qualified witnesses may be a valid will.

The question is whether there is clear and convincing evidence that the testator intended the... View More

You may have a private nuisance claim against the owner of the adjacent property. A private nuisance is a substantial and unreasonable interference with the use and enjoyment of land.

To prevail on a claim of private nuisance, the plaintiff must prove it is more likely than not that:... View More