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Questions Answered by Joanne Reisman

1 Answer | Asked in Child Custody and Family Law for Oregon on

Q: My dad was awarded custody of my son at 3. At 6 he moved back w/ me & has been living w/ me for 2 years, do I have right

When I was 19 my dad was awarded custody of my.son when he was 3. I got my life together and when my son turned 6 he moved back in with me. He has lived with me for over 2 years now can my dad still take him away from me whenever he wants do I have rights

Joanne Reisman answered on Jun 18, 2019

It sounds like you are in a good position to Petition the court to return your son to your custody. This would prevent your father from asserting his right to custody which he technically still has since the only court order at present gives him custody. But I want to caution you to speak to an... Read more »

1 Answer | Asked in Personal Injury for Oregon on

Q: can you more clearly define reckless endangerment?

Joanne Reisman answered on Jun 18, 2019

I don't see how this is a personal injury question. It sounds like you are asking about a criminal charge. Try re-posting this as a criminal law question. To be liable in a personal injury lawsuit the defendant only needs to be found to be negligent in their conduct which caused the injury.

1 Answer | Asked in Family Law and Child Support for Oregon on

Q: Can my ex get back child support when there has never been a support order. I just heard from her after 10 years.

She left 10 years ago with my 2 kids (one child Im not sure about paternity). I had no idea where she was until yesterday, Now she says she wants support, and that Im going to owe her for the past ten years unless we come to some agreement. We were never married. She is married and living in... Read more »

Joanne Reisman answered on Jun 17, 2019

Generally speaking she would only be able to get child support from the date that you are served with papers to establish child support and going forward. That's what normally happens although there may be some exception that I am not aware of. Since this would likely be handled by the child... Read more »

2 Answers | Asked in Estate Planning for Oregon on

Q: My uncle has property in Oregon it will be mine after his death but he hasn’t put it in the trust...he hates dealing

things about the trust he has just told me where the property is...he has no children will there be a problem when the time comes?

Joanne Reisman answered on Jun 14, 2019

There may well be a problem and no one can tell you if there is or isn't because only your uncle, I assume, has the estate planning documents he executed which should include a Will. He could have also put someone else's name on the property deed creating a situation where this other person... Read more »

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1 Answer | Asked in Family Law and Child Support for Oregon on

Q: I had to pay child support. My child lived with me from age 16 to 18 and I never modified the order. Child is now 21.

I owe arrears child support and I want a credit for the 2 years I had the child. Can I go back and have it changed so my ex has to pay me child support for the 2 years I had my child and was still being charged child support?

Joanne Reisman answered on Jun 13, 2019

You can ask Support Enforcement to give you credit for child support you were paying or would have paid during the time your child lived with you. (You might need to hire an Attorney to help you.) You can't go backward and ask your ex to pay for support for that time period. The best you can do... Read more »

2 Answers | Asked in Probate for Oregon on

Q: A Dad had a lawyer draw up a will and signed the house deed over to his only daughter before passing. Is probate needed

Daughter is only living relative and sole successor listed on will/deed. There is a mortgage on the home/land.

Joanne Reisman answered on Jun 13, 2019

The daughter will need to take the Will and the deed to a lawyer and discuss the situation before it can be determined if any further action is needed. Hopefully the deed was a transfer on death deed not just any type of deed because there is big different in tax consequences. Daughter will... Read more »

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1 Answer | Asked in Family Law and Child Custody for Oregon on

Q: Son does not want to go back to other parent

My son is refusing to go to the other parents. Other parent is custodial parent, as Oregon doesn't allow joint unless agreed upon.

Ask the other parent to do mediation with child, other parent refused. Ask for parent to come speak with child they the parent wont but is demanding their... Read more »

Joanne Reisman answered on Jun 12, 2019

If the other parent is the custodial parent you have a duty to return the child to them when your parenting time as stated in your parenting plan is done. You don't let the child decide, you put them in the car and drive them home. The other parent doesn't need to mediate with their own child,... Read more »

1 Answer | Asked in Civil Litigation and Probate for Oregon on

Q: If a deceased’s “estate” doesn’t require probate, how might a creditor file a claim against the “estate”?

The claim is approximately $50,000.

Joanne Reisman answered on Jun 11, 2019

A creditor has standing to file a probate or file a small estates affidavit. However you should definitely discuss this with a probate Attorney as there may be nothing in the probate estate to make filing such a proceeding cost effective. Certain property previously owned by the decedent can... Read more »

1 Answer | Asked in Family Law for Oregon on

Q: 12yr old son in OR doesn't want to come back home during my visitation. Dad not encouraging.

Can I take him to court even though he is not withholding our child, it's our child who does not want to return? What would be the route to take in court in Oregon?

Joanne Reisman answered on Jun 11, 2019

Seeing that a minor child participates in court ordered visitation is the responsibility of the parent not the child. Absolutely take the father back to court as it is obvious he is not disciplining your son in a way that insures that you get your visitation.

2 Answers | Asked in Probate for Oregon on

Q: In Oregon, when a person dies without a will and without real property but is married, is probate required?

The estate’s value is less than $50,000.

Joanne Reisman answered on Jun 8, 2019

Probate is not ever required by Oregon Law. Probate is a tool that you may or may not need to transfer property, real or personal, of a decedent to the heirs or devisees. So you need to evaluate if your situation is such that probate is necessary. You also need to be familiar with Oregon's... Read more »

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1 Answer | Asked in Divorce, Land Use & Zoning and Real Estate Law for Oregon on

Q: I live in Oregon in my divorce I got the house my ex still has not taken his name off the house .

The county wont allow me to take his name off the homeowner tax stuff. My ex refuses to take his name off. Can I use him to get his name off or do I have to suffer until the house is paid off?

Joanne Reisman answered on Jun 8, 2019

You should have made sure that the divorce decree awarding you the house contained the legal description of the house you were awarded. Then you only need to take a certified copy of the divorce decree awarding you the house to who ever you need to make changes. So if your decree doesn't contain... Read more »

3 Answers | Asked in Car Accidents, Civil Rights, Real Estate Law and Small Claims for Oregon on

Q: A car drove into the side of my house what can I use the driver for? It scared my grandchildren my pets and my family

Joanne Reisman answered on Jun 8, 2019

You can sue the driver for the damage to your house. Emotional damages (pain and suffering) can only be requested by a person who was physically injured.

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4 Answers | Asked in Personal Injury and Car Accidents for Oregon on

Q: My uncle ,my two boys and I were in a accident last month I wasn't at fault I don't have LIC. Or insu. What can I do?

My uncle was hurt badly, it was Sprint carriers Corp. Semi truck with trailer hit head on

Joanne Reisman answered on Jun 7, 2019

Your uncles should get a personal injury Attorney. Since you say you weren't at fault your uncle's Attorney will likely look to the other driver and their insurance for damages. Similarly an Attorney can represent your two boys against the other driver and their insurance.

As for you,...
Read more »

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2 Answers | Asked in Divorce for Oregon on

Q: Can I evict my husband when my name is on all assets? He will not hold a job and does not help pay for our assets.

Joanne Reisman answered on Jun 6, 2019

Technically you can evict your husband from your home or another residence. Be sure to follow landlord tenant rules so you do it properly. However be warned, your husband could turn around and file for a divorce and seek remedies like getting spouse support from you to help him pay for his living... Read more »

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2 Answers | Asked in Estate Planning for Oregon on

Q: I was given property damage check from home owner insurance and it’s wrote to the estate of my father,

I have filed Small estate affidavit and am personal rep. in lane county,Oregon , and I can’t get banks to deposit the check for me. I know that court will not provide letter of appointment or Administration or executorship or Authority or Domiciliary or an order Probating will and Appointing... Read more »

Joanne Reisman answered on Jun 6, 2019

You should have requested a court certified copy of the small estate affidavit that you filed. Get at least two court certified copies. This serves the same purpose as a letter of administration. You take this with you and show it to whoever you are dealing with.

Read ORS 114.545...
Read more »

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1 Answer | Asked in Child Custody for Oregon on

Q: if my child gets out of school early on the day i pick her up from school do i pick her up from school or from my ex?

my ex says that because she has a half day i am supposed to get her from her after the time that school would let out. i thought that once she dropped her off at school i would pick her up at school regardless of what time school got out

Joanne Reisman answered on Jun 4, 2019

The current terms of your parenting plan control if you and your ex can't agree. If it says "Friday after school" then you get to pick her up after school, whatever time that is. If it states a particular time, then maybe it isn't clear. If this is going to be an issue just go back to court and... Read more »

2 Answers | Asked in Estate Planning for Oregon on

Q: My grandpa just died in Oregon on May 22, 2019. He has no will, no estate, and no assets. What steps need to be taken?

Is probate still required to finalize his death and get the Social security death benefit? Even though he has no estate, and no assets? What exactly are the steps that have to be taken besides paying for his cremation, which is already done.

Joanne Reisman answered on Jun 3, 2019

No, there is no requirement to file a probate in Oregon. There is a website where you can apply for the small social security death benefit and it tells you who qualifies to apply. If it turns out that you find assets that need to be dealt with, you may have to consult with an Attorney about how... Read more »

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1 Answer | Asked in Family Law for Oregon on

Q: My ex husband keeps txt me that hes waiving his rights to our 2 daughters. Is there anything I can do?

I have sole custody of our 2 daughters 9 & 10 yrs old. My ex was only granted every other weekend. He picks them up for his scheduled visits but is always txt me that hes waiving his right to them. Can he do that? And if he doesnt file paperwork is there anything I can do.? Its not the 1st or 2nd... Read more »

Joanne Reisman answered on May 30, 2019

Your ex isn't legally required to exercise his parenting time with his daughters. So if that is the issue and his flakiness is interfering with your ability to plan I would go back to court and get a modification that makes your life easier. For example you can modify the parenting time plan so... Read more »

1 Answer | Asked in Divorce and Family Law for Oregon on

Q: I’m getting a divorce and I have to give my spouse the financials but he keeps giving them back. What do I do?

Joanne Reisman answered on May 27, 2019

I assume you are referring to the Oregon Statute that lists financial information both spouses in a divorce are required to share. ORS 107.089 https://www.oregonlaws.org/ors/107.089 Once you serve this form on your spouse he is required to give you the documents listed under this statute. You... Read more »

3 Answers | Asked in Personal Injury for Oregon on

Q: I was electrocuted In Goodwill

I was testing an electric blower and the employee from the store handed me a bad extension cord that was missing the ground yea and I was electrocuted.

Joanne Reisman answered on May 26, 2019

Electrocuted? Then you are dead now if that's what you mean. Probably you got an electric shock. Unless this caused a medical problem where you ended up needing medical treatment this isn't going to be the type of case that most Attorneys could find a way to take economically. So if you did get... Read more »

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