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Questions Answered by Greg Freeze
1 Answer | Asked in Divorce for Oregon on
Q: I am living in our RV which is registered in wife's name. do I have legal right to keep as my residence?
Greg Freeze
Greg Freeze answered on Mar 10, 2019

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.

People often only get...
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1 Answer | Asked in Probate for Washington on
Q: Dad passed living out of state. Assets in OH, I'm the only child & live out of state, what do I do? Will not found.

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?

Greg Freeze
Greg Freeze answered on Mar 10, 2019

The probate is best started in the county in Ohio where your father resided. The Ohio courts will have "jurisdiction" over the house.

If the original will cannot be found, courts presume that the will was destroyed intentionally by the testator. You can proceed with an probate using...
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2 Answers | Asked in Criminal Law for California on
Q: Is it a scam if you are contacted by either police or lawyer and are told to pay back something or you go to jail?

Money was entered into bank account. I was told it was stolen money. Was also told to pay back a percentage. Then an additional amount or I go to jail if I dont

Greg Freeze
Greg Freeze answered on Mar 10, 2019

Scam, scam, scam. This particular one takes many forms, but rest assured, if you have really done something wrong the police will be talking to you in person.

A variation on this theme of scam involves the IRS. The IRS won't call--there is always a letter.

Disclaimer: The response...
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2 Answers | Asked in Estate Planning for California on
Q: does revocable trust need to be witness in California

and yes i'm aware it needs to be notarized but does it have to be also witnessed, what is the best way to transfer real estate ( house) into trust, via quick claim or is there simpler solution

Greg Freeze
Greg Freeze answered on Mar 10, 2019

A trust does not need to be witnessed to be official. The witness requirement applies to wills and healthcare powers.

A quitclaim deed is fine. There is nothing easier. More problematic is the Preliminary Change in Ownership Report (PCOR). This document is required to file the deed in...
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1 Answer | Asked in Insurance Bad Faith for California on
Q: Policy holdivorcedd in Hawaii, resided in CA. Changed his beneficiary of Life Ins. We have counter claims

Deceased ex-wife married and divorced in Hawaii. Wife believes she had right to policy??

Greg Freeze
Greg Freeze answered on Mar 5, 2019

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...
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2 Answers | Asked in Trademark for Oregon on
Q: If I want to sell a massager online and the name I want to trademark for it is already registered for a spa service,

would I probably get denied even though one is a good and one is a service?

Greg Freeze
Greg Freeze answered on Mar 5, 2019

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.

If the trademark of the "competitor" is...
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1 Answer | Asked in Estate Planning, Family Law and Elder Law for California on
Q: Can a trustee/attorney refuse to send copies of documents that I signed? Have requested copies and they keep asking why.

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 »

Greg Freeze
Greg Freeze answered on Mar 5, 2019

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 »

2 Answers | Asked in Business Law and Civil Litigation on
Q: I am a lawyer in Pakistan and i wanted to know that, can anyone sue a parent as well as subsidiary company at the same
Greg Freeze
Greg Freeze answered on Mar 5, 2019

Yes. Depending on the jurisdiction, you'll want the Complaint to have the right kind of details. Some jurisdictions use fact-based pleadings while others use notice-based pleadings.

You'll want to bone up on "piercing the corporate veil" in order to be successful.

Disclaimer: The...
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1 Answer | Asked in Civil Rights, Employment Discrimination, Health Care Law and Medical Malpractice for Oregon on
Q: How can I get privacy when relating my case to a prospective lawyer? So they can't share with anyone after I leave?

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 »

Greg Freeze
Greg Freeze answered on Mar 5, 2019

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.

ORS 40.225...
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1 Answer | Asked in Foreclosure for Washington on
Q: My husband and I divorced 7 yrs ago. I moved out while he stayed in our house that was near foreclosure.

I signed the house over to him in the divorce paper(s). I say paper, bcuz it was just 1 signature on said topic.

However my question is wouldnt I need to sign on the actual foreclosure documents also??? Since purchasing the house required a phone books worth of signatures.

I felt... Read more »

Greg Freeze
Greg Freeze answered on Mar 5, 2019

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.

You...
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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Washington on
Q: What are the consequences for telling a judge that a DV report they called in didn’t really happen?

The state is trying to prosecute a DV4 case, what are the possible consequences if the reporter recants and tells the judge it didn’t really happen?

Greg Freeze
Greg Freeze answered on Mar 5, 2019

Let's start with, this isn't the judge's first rodeo. Credibility of the recantation will be at issue.

Next, you're question needs to be put in the context of where you are with regard to trial and sentencing.

If you are pretrial, the goal would seem to be to cause the...
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1 Answer | Asked in Real Estate Law and Probate on
Q: is handwritten letter with signature from deceased enough to probate an estate despite deceased brother's siblings?

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 »

Greg Freeze
Greg Freeze answered on Mar 5, 2019

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 »

1 Answer | Asked in Banking, Estate Planning and Elder Law for California on
Q: Caretaker had affidavit. Does that give her rights to my moms bank accounts and safe deposit box and jewels etc?

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 »

Greg Freeze
Greg Freeze answered on Mar 5, 2019

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 »

1 Answer | Asked in Criminal Law for Oregon on
Q: Do you go to court to challenge a search warrant (call witnesses, etc) or submit the challenge in writing?
Greg Freeze
Greg Freeze answered on Mar 5, 2019

Challenging a search warrant begins with a motion to suppress. The classic case that is nearing 30,000 citations from other cases in the country is Franks v. Delaware. Here is quote from that case.

"... where the defendant makes a substantial preliminary showing that a false statement...
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2 Answers | Asked in Tax Law for Florida on
Q: Do I have to pay taxes if I invest the money earned in a rental property into my primary residence?
Greg Freeze
Greg Freeze answered on Mar 5, 2019

Federal taxes are a funny thing, done in two steps. Step one, money earned is income.

Step two, putting that money earned into your primary residence is not an exemption.

For those planning in advance, the 1031 Exchange is the magic ticket to avoid a taxable event when selling...
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1 Answer | Asked in Probate for Washington on
Q: If a holographic will was created and notarized in Alaska. The person dies in Colorado. Where is probate to be filed?

The executer lives in Washington state. Can the will be filled as a simple probate in Washington state?

Greg Freeze
Greg Freeze answered on Mar 1, 2019

Your question is registered on Justia in Washington, so you're likely to get Washington lawyers answering it. To start with, we have to back up to Alaska and find out if a holographic will is valid.

I see Alaska Stat. § 13.12.502 as allowing holographic wills, a will can be "...valid as...
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1 Answer | Asked in Estate Planning for Washington on
Q: When drafting a will and power of attorney, can we work with an attorney outside the county in which we reside?

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 »

Greg Freeze
Greg Freeze answered on Mar 1, 2019

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 »

1 Answer | Asked in Estate Planning for Washington on
Q: When drafting a will and power of attorney, is it best to work with an attorney in our county of residence?

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 »

Greg Freeze
Greg Freeze answered on Mar 1, 2019

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 »

1 Answer | Asked in Consumer Law and Lemon Law for Washington on
Q: I recently bought a used car from a dealership. Within 3 days it had electrical problems and turned off while driving

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 »

Greg Freeze
Greg Freeze answered on Mar 1, 2019

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.

A big case for lemon law...
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2 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for California on
Q: Can a trustee sell property of the estate to a beneficiary privately at under market value?

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 »

Greg Freeze
Greg Freeze answered on Mar 5, 2019

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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