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Questions Answered by Joanne Reisman

1 Answer | Asked in Divorce for Oregon on

Q: We divorced May 2, 2019. He came with guns most inherited. I don't have a problem with him keeping family guns.

Insurance paid us for guns after house fire. Check was in both names. I say they're mine, as well. I want 2 guns.

Joanne Reisman answered on Aug 20, 2019

You are divorced. Once you are divorced the property division is FINAL. You can't change it now. I am assuming you got divorced first, fire second. But seriously, you can buy a gun or two much cheaper that pay an Attorney to fight over this. Just go buy your guns and be done with it. As... Read more »

1 Answer | Asked in Domestic Violence, Family Law, Adoption and Child Custody for Oregon on

Q: I live with my dad and he is mentally abusive to me mostly. I babysit my 2 siblings from 8 to 10 hours a day. I’m 15

I get no compensation. I don’t want my dad to get into trouble and get my siblings taken away. I want to know what my options are to get out of my house. Could I move in with a different family member? Would I get in trouble legally for leaving?

Joanne Reisman answered on Aug 19, 2019

You generally have only two options - let your mother know so she can Petition the court for a change of custody or report that you are being abused to children's services or a school counselor or your doctor. If you report abuse there will be an investigation and you and your siblings could be... Read more »

2 Answers | Asked in Probate for Oregon on

Q: Can executor kick me out of home when my boyfriend is beneficiary?

My boyfriends brother is the executor and we dont get along and me and my boyfriend the beneficiary have been living in this home for 9 years together. Can his brother kick me out while it's in probate

Joanne Reisman answered on Aug 19, 2019

This is impossible to answer without knowing all the facts such as how many beneficiaries there are in total and what the debts are that have to be paid. So yes, it's possible to get kicked out but again that depends on all the facts. Your boyfriend needs to consult with an attorney. You are... Read more »

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1 Answer | Asked in Car Accidents for Oregon on

Q: His car was not damaged at all but the other car was. The guy scared me into saying it was my fault saying If I didn’t

He was going to call police and me without a license didn’t know what to do. So he told his insurance as well as my boyfriends insurance it was my fault. So now I am so scared and don’t know what to do. A claim has been filled with both insurance company’s.

Joanne Reisman answered on Aug 16, 2019

I think you are responding to questions I asked you when I posted a response to a question you posted earlier but I really can't tell for sure as this post is not linked to the prior post. Please understand that the Attorneys who respond don't know who you are and don't work for Justia. We just... Read more »

1 Answer | Asked in Probate for Oregon on

Q: I want to ensure ill be getting a property once probate is over. Can i get this in a legal document

My parents estate is in probate and my sister is the executor. I want to buy one of the properties and my siblings say they want to be bought out. Is there any way i can have this in legal writing so i know for sure im getting it and they cant change their mind last second. Or is nothing able to be... Read more »

Joanne Reisman answered on Aug 16, 2019

Ask them to sign a stipulated court order in the probate that gives you the right of first refusal to buy the property. You will want to include something in the order that sets the way to determine what the fair market value price will be that you have to pay. Remember you can only get a... Read more »

1 Answer | Asked in Car Accidents for Oregon on

Q: I just got into a car accident and I do not have a ODL it is suspended:( I was driving my boyfriends car with insurance

I stayed and talked with the person and we contacted insurance company’s. But what do I do now?

Joanne Reisman answered on Aug 16, 2019

Definitely tell your boyfriend's insurance. They will probably cover the accident if you had permission to drive his car and your are not a member of his household. If you are a member of his household meaning you live with him, there may be a clause in the policy which excludes members of the... Read more »

3 Answers | Asked in Divorce for Oregon on

Q: Her lawyer states I'm not entitled to spousal support, even though her income is 6 times more than mine?

Married 16 years. If I challenge the petition, it states I will have to pay her legal fees?

Joanne Reisman answered on Aug 13, 2019

If your comments are based on the allegations in the Petition you should understand that what the Petition says isn't what the Judge is necessarily going to do. You need to get a consultation with an experienced family law Attorney and find out what courts typically do in situations with the same... Read more »

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1 Answer | Asked in Divorce for Oregon on

Q: My ex and I had our divorce finalized June 26. 32 years of marriage. We are both severely disabled. She qualifies for

Medicaid as well as numerous other benefits for the disabled. I don’t qualify because i make $80/mo too much from SSDI. I gross about $2k more than she does. Her benefits equal to more than $2k/mo. The judge ordered me to pay $400/mo for life to her in alimony. It was referred to the Justice... Read more »

Joanne Reisman answered on Aug 11, 2019

I suggest that you go and talk to an elder law Attorney and see if you now qualify for Medicaid. It is possible that the alimony award of $400 has now reduced your income so that you now qualify. You can also set up what is known as a Miller trust that takes the amount of money you are over every... Read more »

2 Answers | Asked in Domestic Violence and Criminal Law for Oregon on

Q: My boyfriend was arrested for domestic violence and I am not filing charges but the state is. He did not hit me.

We argued and police came after he left and my face was red from crying they said he did it and wouldn't listen to me at all. Now there's a no contact order. We are homeless and he is my saftey at night he makes sure I eat and makes sure we have a place to sleep. They arrested him without reading... Read more »

Joanne Reisman answered on Aug 12, 2019

Your boyfriend will likely get a court appointed attorney. Once he has an Attorney you can offer to testify that he didn't hit you. If they can't prove he hurt you this may get dismissed. If this is the first ever charge of this nature he may be able to do a plea bargain where he goes into... Read more »

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3 Answers | Asked in Probate for Oregon on

Q: Wealthy Dad died, no will. wife got all, but gave my siblings money promised,not me. I was estranged, arent i due $

We were all always promised 60,000 after dad dies. I didnt see my dad for years over a dirty family secret . but i kept the family secret and didnt go to the police so i could get my money. All my sisters got theirs, not me though. My agreemant was verbal with dad, but so was the inheritance. They... Read more »

Joanne Reisman answered on Aug 9, 2019

Unfortunately there is no way to answer this question without getting more information. Because your father died with no will the intestacy statute would apply. If this wasn't Oregon then his wife would get half and half would be shared with the stepchildren. But even that presumes that there was... Read more »

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

Q: My boyfriend is currently going through a divorce and custody battle here in the state of Oregon. Refer to more info

He is part of a shelter for domestic abuse. His caseworker there apparently told him that adultery can be used against him in court during his custody battle. Is this a legitimate thing? Because I myself have read that adultery cannot be used against him unless it directly affects a decision that... Read more »

Joanne Reisman answered on Aug 6, 2019

Adultery has no place in modern law. Adults can have sex with other consenting Adults in private and it is not relevant unless it is somehow detracting from the children getting proper care. But the fact that adults have relationships with other Adults to whom they are not married, alone, is not... Read more »

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

Q: Is it legal for a father who isnt on the birth Certificate to take the child to get a DNA test without the mom knowing

Is it legal for father who isnt on birth Certificate to get a DNA test with child without mothers consent or knowing and without a court order. Not upset paternity got established I was just curious as to how someone who isnt on a birth certificate can take a child to get tests done. Really just... Read more »

Joanne Reisman answered on Jul 30, 2019

Not sure what your objection is really about. DNA can be tested from a hair sample or a saliva sample so it isn't really that big a deal. Are you upset because this man is the father but you want to suppress this fact so you can cut off his access to the child? Are you upset because this man... Read more »

1 Answer | Asked in Divorce for Oregon on

Q: I'm looking for a free consultation meeting with a Salem Oregon attorney. I would like to file for a divorce.

My husband lives in California and I have moved back to my home state of Oregon. We were married for 15 years when we separated. During that time we were married I did live in California.

Now the interesting part.

Hes disappeared on every aspect you may know. I do have his SSA and... Read more »

Joanne Reisman answered on Jul 30, 2019

You can file for a divorce in Oregon if all you want is to be declared divorced. You may need to pay for the assistance of an Attorney to figure out how to serve your husband. An Oregon Judge can order a method of substituted services based on your affidavit of your best ideas to notify your... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Environmental for Oregon on

Q: I am a land owner in mult co. Having some major logging done. Company is grossly unprofessional. I need legal advice!

I live in multnomah county in Corbett. The logging outfit has all but quit, with a huge mess, not fixing the driveway or regraveled, and still many trees left to cut down and haul to the lumbermill! I have 12.75 acres and this is a huge undertaking! I have bills to pay and trees to replant. With... Read more »

Joanne Reisman answered on Jul 25, 2019

You will have to consult an Attorney because I would expect you signed some type of contract or paperwork and part of the answer to your question is figuring out what your rights or liabilities are under the contract. Sometimes you need to take formal steps like have an Attorney write a letter to... Read more »

1 Answer | Asked in Estate Planning for Oregon on

Q: my father's estate has been hijacked. he was in oregon i am in washington

the person gifted me a portion of what i was told i would receive. her attorney included a statement with the check that says if i cash or deposit the check she will no longer be obligated to give me any more of the estates funds. can she really do that? i need help finding an attorney near them... Read more »

Joanne Reisman answered on Jul 23, 2019

By all means contact an Oregon Attorney familiar with Probate Law and get some advice. I would comment more specifically but from your description it isn't clear what is going on. An Attorney you contact directly will be able to ask more questions and figure this out. What you are describing... Read more »

1 Answer | Asked in Estate Planning for Oregon on

Q: Do I need to have an attorney once probate is started and all heirs have been contacted?

Joanne Reisman answered on Jul 20, 2019

Oregon Probate is a series of steps laid out in the Oregon Statutes. It is more complex then filing to open it and sending notices to the heirs. The appointed Personal Representative should be doing the day to day tasks but the Attorney calendars that tasks and deadlines and makes sure that the... Read more »

2 Answers | Asked in Estate Planning for Oregon on

Q: If my father passed away in Oregon, do I have to use a lawyer in that state?

I am working with an attorney in Oregon who is making things very difficult. My dad died with a will, this attorney is making me call her before I write a check to pay any bill. Also wants her office address on the checks and bank account so that all statements go to her. Just seems like a lot of... Read more »

Joanne Reisman answered on Jul 18, 2019

1. If the probate is filed in Oregon then only an Attorney licenses in Oregon can work with an Oregon Probate Court.

2. You are free to fire your Attorney at any time and hire another one. The new Attorney files a substitution of counsel pleading with the court. Do consider that this...
Read more »

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3 Answers | Asked in Personal Injury for Oregon on

Q: I am trying to find a lawyer who will help me with my personal injury case on an hourly basis. Any suggestions?

Joanne Reisman answered on Jul 17, 2019

You can certainly contract with any Personal Injury Lawyer on a hourly basis but why would you? It is usually to your advantage to work on a contingency basis. An hourly basis would mean paying the Attorney up front from your own funds to cover their fees and they can drop your case if the money... Read more »

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2 Answers | Asked in Family Law for Oregon on

Q: Is it legal for a 16 year old about to be 17 to date a just turned 23 year old as long as no sexual actions are commited

Is it legal for a 16 year old about to be 17 to date a just turned 23 year old as long as no sexual actions are commited?

Joanne Reisman answered on Jul 16, 2019

There is no law that restricts the age of people who are dating. The law only restricts sexual relations between adults and minors. However the 16 or 17 year old would be subject to the house rules of their parents so they may not be allowed to date this person for other reasons. Frankly the 23... Read more »

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

Q: So does this mean I don’t have to gove my land lord 30 days notice

Joanne Reisman answered on Jul 12, 2019

This sounds like an incomplete landlord tenant question. Please re-post this under landlord tenant law and state more information so the responding lawyers know what the question is about.

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