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Questions Answered by Joanne Reisman
2 Answers | Asked in Probate for Oregon on
Q: in a reverse mortgage and the person passes Does the house need to go thru probate.?

The will appoints me as personal representative and states I shall have the power and authority to sell and dispose of any property that i might own at the time of my death. So then could I sell the house to pay off reverse mortgage and split the extra money with my brother?

Joanne Reisman
Joanne Reisman answered on Dec 12, 2019

Probate isn't required in Oregon. Probate is an option if you need the assistance of the court to order tasks needed to resolve a deceased person's estate to get done. In the case of a reverse mortgage you may or may not need probate.

The first thing you will want to do is figure out if...
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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My daughter died in a car accident, and I'm the executor. She had two child sisters one is mine and one is not

What share of the estate is the half sister entitled to

Joanne Reisman
Joanne Reisman answered on Dec 12, 2019

Assuming your daughter died without a Will, her estate will pass through Oregon's intestate laws. If your daughter had no spouse and no children of her own, the next in line to inherit is her parents. Her siblings only inherit if both her parents are dead. You can read the laws that dictate how... Read more »

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1 Answer | Asked in Family Law for Oregon on
Q: This is an initial custody case, I have filed for 50/50 custody/parenting time, etc.

My sons father's lawyer is requesting bank and credit card statements, I'm confused how the is relevant evidence, since that information is not calculated in regards to child support, so how is that information needed or going to be used? How do I object to that request? His lawyer said he will... Read more »

Joanne Reisman
Joanne Reisman answered on Dec 11, 2019

This information might be relevant to prove what the correct amount of Child Support should be. The type of information they're asking will show your spending power and could lead to them asking about other sources of money that you have other than the income you are declaring. So yeah they can ask... Read more »

1 Answer | Asked in Divorce for Oregon on
Q: How do I go about posting in Sonoma CA for divorce? I am from Or and I've already taken care of posting here but no CA

I am getting a divorce in Or. No one in Ca seems to know the steps to posting which the judge had orderd it. Please help. No children ot assets

Joanne Reisman
Joanne Reisman answered on Dec 11, 2019

First you need to clarify what you mean by posting? I don't really know what you're talking about but I would guess that it's something like posting a notice because you couldn't find the person to serve him or her. I would never use posting as a form of substituted service. The primary form of... Read more »

3 Answers | Asked in Probate for Oregon on
Q: My mother passed away. I am both her only heir and executor of her estate can I borrow against her home to pay off debts

I was living in the home for 6 years and have been paying the mortgage since her death. The house is her only asset and is in probate. Have been told I have to sell it to pay off her debts. Have a lender who will give me a home equity line of credit if my name is on the deed.

Joanne Reisman
Joanne Reisman answered on Dec 11, 2019

Have you already filed probate? This sounds like a situation where you could have taken out a loan against the house without filing probate and done what you propose to do. (But only if there weren't other issues that required a probate to solve.) But if you have already filed probate you need... Read more »

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1 Answer | Asked in Personal Injury and Employment Discrimination for Oregon on
Q: Retiring early due to a traumatic experience

Between 2008-9 I was involved in a head-on collision with a drunk driver his fault I drive professionally as a truck driver the although it's a left me a little bit dramatic Lee confused and at the age of 50 I don't have any other options other than early retirement if that's an option or if... Read more »

Joanne Reisman
Joanne Reisman answered on Dec 10, 2019

This isn't a personal injury question as the statute of limitations to sue the other driver has long since past. However because your brain injury continues to limit your ability to work you could investigate whether you can get Social Security Disability. I would look for Attorneys near where... Read more »

1 Answer | Asked in Divorce for Oregon on
Q: We bought a house 3 mo ago its in both our names loan in his. Does length of marriage matter in judge decision on what

Happens with the house? We’ve only been married almost 3 yrs Jan . What will the outcome be

Joanne Reisman
Joanne Reisman answered on Nov 24, 2019

Before you get all worked up over how the house will be treated in a divorce I suggest you check on what the current value is and compare it to the balance left on the mortgage. Unless you made a very large down payment there is probably little or no equity to fight over and you are very lucky... Read more »

2 Answers | Asked in Divorce for Oregon on
Q: We bought a house 3 months ago loan is in his name house in both Jan will be 3 yrs married . How is this handled
Joanne Reisman
Joanne Reisman answered on Nov 24, 2019

How is what handled? You haven't asked a question about something specific.

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4 Answers | Asked in Probate for Oregon on
Q: Mother passed away in California but I live un Oregon, do Oregon probate laws apply and if so what is the process?

Im trying to close her credit union account in california, the credit union does not have any branches in oregon and operates solely in california

Joanne Reisman
Joanne Reisman answered on Nov 22, 2019

You just need to contact an Attorney in California who handles probate. However every state has short cuts that may apply to this type of situation so you may not actually need to probate this estate to deal with a single bank account. But a California probate Attorney should also be able to tell... Read more »

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1 Answer | Asked in Divorce for Oregon on
Q: Will my wife still get half the house?

My wife and I are not legally separated but have been living apart now for 5 years. I got a USDA loan in my name and built the house. She lived with me a few months after it was built then told me she wanted a divorce. My girlfriend and I of 4 years are still living in the house and she has... Read more »

Joanne Reisman
Joanne Reisman answered on Nov 19, 2019

The law will first presume that the house is marital property that gets split equally but because you have been separated and your wife has not contributed to the marriage for years (I presume), it sounds like you have grounds to argue that Oregon's presumption of equal contribution should not be... Read more »

2 Answers | Asked in Elder Law and Consumer Law for Oregon on
Q: Elderly manipulation

My father has an elderly friend that we believe is being manipulated by foreigners for money in a promise for a relationship. He might have spent tens of thousands if not hundreds to help a female make it to America for a relationship. This female seems to have multiple medical or other problems... Read more »

Joanne Reisman
Joanne Reisman answered on Nov 18, 2019

The best thing you can do is cut this off now by alerting authorities. I agree with Mr. Bernabei as to his excellent suggestions concerning alerting authorities and notifying this man's bank. Someone in this man's family needs to be alerted so they can take steps to open a conservatorship.... Read more »

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2 Answers | Asked in Divorce for Oregon on
Q: Divorcing in Oregon after 10 year marriage. My wife purchased home 5 years before we married. Am I entitled to equity?

I equally invested in payments and improvements over the 10 years. We refinanced about 3 years ago in both our names.

Joanne Reisman
Joanne Reisman answered on Nov 11, 2019

Generally speaking the marital portion of the equity would be the increase in value from the date of the marriage to the date of the divorce. That portion would be divisible under Oregon's presumption of equal contribution. The equity from the date that your wife bought the house until the date... Read more »

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3 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Oregon on
Q: Is probate required in Oregon to take ownership of my deceased mother's house before it is foreclosed on?

When my mother passed away without a will, she was in bankruptcy and trying to avoid foreclosure. The bankruptcy has just been discharged, but the house wasn't in it so it is still subject to foreclosure. I want to keep the house & assume the loan, and have submitted documents establishing my... Read more »

Joanne Reisman
Joanne Reisman answered on Nov 10, 2019

Once a mortgage is delinquent all sorts of additional charges get added on including Attorney's Fees and usually the only way to save the property is to pay all the past due amounts in one sum. If you don't have money to hire an attorney you probably don't have money to catch up the mortgage. You... Read more »

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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Does my wife’s family owe lot rent

My wives father passed recently. Her father owned a mobile home and was the only person on the title after he died with no will. He did not own the land it was on and had a rental contract with the land owner. My wife and her brothers are under the impression that because the title is only in... Read more »

Joanne Reisman
Joanne Reisman answered on Nov 10, 2019

The estate of the deceased father, not the heirs, are responsible for the debt. To the extent that the estate includes property of the deceased father, the property is liable for the debt. This would be all property of the deceased father's, not just the mobile home itself. In Oregon there is a... Read more »

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1 Answer | Asked in Real Estate Law for Oregon on
Q: I hold papers for land I sold in Oregon and the buyer stopped making regular payments. What recourse do I have?

Would like to know when I can file to reclaim. Have heard that it takes three months of non-payment, but also have heard that if payments resume before the reclaim is granted then it all goes back to the origional agreement and the missed payments are just added until payment is complete.

Joanne Reisman
Joanne Reisman answered on Nov 9, 2019

You are going to need to run this by a lawyer and show them the paperwork you have for this sale. There are different procedures depending on whether you structured the sale as a land sales contract, a trust deed, or a traditional mortgage. Whether the buyer can cut you off by making late payments... Read more »

2 Answers | Asked in Estate Planning for Oregon on
Q: Would I be notified if a new executor of stepdad's trust and will was appointed after I was appointed?

stepdad appointed me executor of his trust and will several years ago. He remarried since then and was going to appoint the new wife but our attorney couldn't do it as it was a conflict of interest. Now I'm wondering if stepdad went to a new attorney would I be notified that I am no longer executor?

Joanne Reisman
Joanne Reisman answered on Nov 7, 2019

Not necessarily. All that was done was there was a document drafted which nominated you. You aren't technically appointed yet. You were just nominated to take on a future role if a contingency (the death of your step father) occurred. Going forward in time your step father is free to write new... Read more »

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4 Answers | Asked in Estate Planning for Oregon on
Q: Do an unmarried couple need individual revocable living trusts?

We are an unmarried couple and are on the deed of trust "not as tenants by the entirety, but with the rights of suvivorship. The titles to the vehicles have each of our names on them. We each have bank(savings & Checking) accounts with designated beneficiaries up on death. We each have variable... Read more »

Joanne Reisman
Joanne Reisman answered on Nov 7, 2019

A revocable living trust is not the same thing as a trust deed. So I am not clear what you are asking about. As to the Trust deed which is the deed to your home secured by the trust deed and most likely also a promissory note, it should say "tenants in common with a right of survivorship". What... Read more »

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Oregon on
Q: Are CPS workers allowed to refuse to give a parent a UA if they ask for one?

My son was in the care of someone else while I was at home packing our belongings to flee from a bad situation that I did not want him around. While he was with the other individual he ingested narcotics and almost died. I met him and the person providing care for him at the hospital and the next... Read more »

Joanne Reisman
Joanne Reisman answered on Nov 3, 2019

This is too complicated to figure out based on your brief synopsis. You need to contact an Attorney who can both review your details of what happened and review the court records. A reunification plan is only when there is a juvenile court proceeding and in a juvenile court proceeding you would... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: I have been asked to forfeit my share of the estate of m daughter's once the sccusations Found incorrect is that all

Or can they give more reasons to make me forfeit and what is a dscouvery hearing Doesn't matter if some of the beneficiaries are homeless

Joanne Reisman
Joanne Reisman answered on Nov 3, 2019

Unfortunately your post doesn't really say what is going on in a manner that anyone can understand so I have no idea what the situation is nor what your related question is.

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Probate statute of limitations in Oregon where non relative recieved my father's house, claiming to be his daughter?

Three years ago next month, my father died. The self claimed executor of his estate contacted me because a cousin told her to. When I asked about his house in Clatsop County, she daid it was being sold and no one knew he had two daughters. She hurried up and held a service. And she herself... Read more »

Joanne Reisman
Joanne Reisman answered on Oct 29, 2019

Rhonda, I'm not clear why you waited until now to contact a lawyer about something you say you knew about in 2016? Or did you just find out about this in 2019? A person can't take property they aren't entitled to and become the owner and there is an action called a quiet title action that can be... Read more »

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