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... View More

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... View More

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... View More

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... View More

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... View 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.

If the trademark of the... View 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... View More

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.... View 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.

ORS... View More

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.... View More

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... View 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... View 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... View More

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... View More

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... View More

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... View 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... View 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... View 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... View 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... View More