Oregon is an equitable division state, which means that a judge can order whatever is fair under the circumstances of the marital relationship. Generally speaking, it's best to think of everything starting at a 50/50 point of view, before the marital assets are split.
Dad was living 7-8 yrs in a care home outside of OH. House in OH, he never sold it. "Original will" was not found only a copy which I am not named. I am informed by family, to get a probate lawyer. I live across the country. What do I do?
The question is a bit fragmented. My reorganization of the facts may be wrong, but I will try.
Husband ("H") and Wife ("W") got a divorce in Hawaii. H moved to California. H changed the beneficiaries on his life insurance policy. Then H died. W survived and believes she has a right to...Read more »
Yes, a trademark would be denied if it is used in the same industry segment. How wide one defines segment is a bit of an art itself, but the trademarked phrase (that's a pun) is "likelihood of confusion." To me, massage and spa are just too close.
I signed documents almost a year ago, under a great deal of jetlag, medical issues, stress, and emotional strain. I wasn't given copies of the documents and in my emotional state forgot to ask for copies. I can't remember what I signed. I have recently requested from the trustee, copies of the... Read more »
If the attorney was acting as your attorney, you can ask for the entire file. By entire file, I referring to all documents, whether the documents span multiple folders or what have you. That's just a duty an attorney has. Normally, it comes with a request to transfer the files to a different...Read more »
I met with a lawyer after being referred though the Oregon Bar Association referral line and after we were done talking I asked that what I shared be kept confidential. He told me that he was under no obligation whatsoever to keep my information confidential. He said that a consultation even if I... Read more »
I can't speak reliably for the actual Oregon Bar Association referral line (that communication is probably not a confidential communication subject to the attorney/client privilege), but the communication with an attorney is subject to the confidential communication privilege.
Here is a likely scenario of events. You were served, somehow, with the Summons and Complaint. How you got served can vary. You can find out how the bank's attorneys said you got served by looking at the court paperwork, found at the court in the county where the property resides.
deceased uncle left niece house with handwritten letter and his signature and witnesses; niece cared for him and kept up with house and property taxes; one brother of deceased uncle failed to sign over house before his death but has siblings which also refuse to sign; can niece probate estate and... Read more »
Your question didn't get posted under a state. Your answer may vary by state. What's interesting about your description of the "letter" is that it is handwritten. I don't believe there is anything wrong with handwriting a will in the states in which I am licensed to practice law (CA, OR, WA)....Read more »
Im barely thinking about this stuff now. I wonder why the bank stuff never was mentioned among other things? The probate case only included houses but she owned other things of value too that were not mentioned and I don't know why I wasn't thinking about it then until now that few years have past.... Read more »
You may be referring to what attorneys often call a Small Estate Affidavit ("SEA"). If an SEA is made fraudulently, there can be consequences as set out in Cal. Prob. Code § 13110. But you need to hurry to a local attorney because you may have already "blown" the statute of limitations....Read more »
My husband and I live in a relatively rural area and county with few estate attorneys. However, we are 30 miles away from our state capital (which is also in a different county) where there are more estate attorneys. Does it matter where an attorney's practice is located when filing our will at... Read more »
Wow. You question remained unanswered for a couple of months. This is now answered on your more recent post. The short answer remains, something like, if you want to leave your small town to go somewhere else, that will work. But, it will also work just fine with a local attorney. The choice...Read more »
We live in a rural town and county. A recent search on your site identified 2 estate attorneys in our local area. Our state capital is 30 miles away (and in another county). A search in that city produced a significantly longer list of estate attorneys. When it comes to filing our will and... Read more »
Let's start with the "filing" part of your question. Your will gets filed with the court doing the probate. Washington is a little funny, as compared to say Oregon. In Oregon, you have to have some kind of connection with the county, such as living there, dying there, owning property there, etc....Read more »
I was able to start it up just enough to pull into the dealership since I was close by. They said they fixed it after one day. A week later the same issue happened again, three more times it did not turn on. The last time nothing on it came on at all. I called the dealership and they've now had... Read more »
The Washington statute covering the "lemon law" is RCW 19.118 et. seq. The "et. seq." means "and what follows." Basically, you can start reading at RCW 119.118.005 about the "intent" of the legislation put into law, and when the 19.118 series of statutes ends.
My relative has dementia and the Trustee of their estate is selling properties of the estate at below market value and in private to a beneficiary of the trust. They sold a property of the estate without putting it on the market or telling the other beneficiaries. It was sold under market value.... Read more »
The (new) trustee needs to follow the rules about being a trustee. You probably need to get an attorney to protect your future interests. The trust is not likely in payout mode, triggered by some dementia clause. But, you have to read the trust, just to make sure that it doesn't include...Read more »
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