Questions Answered by Joanne Reisman

Q: My aunt passed away and I need to obtain guardianship of my cousin who is 13. No will. No biological father.

2 Answers | Asked in Family Law and Child Custody for Oregon on
Answered on Apr 15, 2019
Joanne Reisman's answer
You don't need to be appointed Guardian to contact social security and be appointed as the designated payee for the minor's social security benefits. SS will just require you to file a report once a year as to how you used the funds. You mention that the minor also receives state benefits so I am not sure what type of benefits you are talking about. Federal SS, SSD, and SSI payments are administered through the State of Oregon for Oregon residents.

It sounds like all the surviving...

Q: How can I legally live in a tiny home on raw land clatstop county, Oregon?

1 Answer | Asked in Real Estate Law for Oregon on
Answered on Apr 15, 2019
Joanne Reisman's answer
This is more of a land use and zoning issue. I have changed the category for you. This is not my area of expertise but I can tell you that you need to investigate all laws that would apply. Oregon's Land use Laws, Oregon Building Codes, Building Codes, zoning and land use laws for Clatsop County and rules/laws/codes for any city that has jurisdiction over your land. You probably would want to talk to an Attorney who knows the land use laws and codes for Clatsop County. I suspect that the...

Q: Can I move out without my mother’s consent at 17?

1 Answer | Asked in Family Law for Oregon on
Answered on Apr 13, 2019
Joanne Reisman's answer
Technically you are a minor with no legal rights until you turn 18. If your uncle facilitates your moving without the consent of your custodial parent he can be charged with the crime of custodial interference. If you leave on your own accords, and stay out of trouble, it is unlikely that the police will drag you home. But as stated before, neither your Uncle nor any other adult can legally help you.

Frankly if you are just now graduating from high school you need to focus on getting...

Q: What should I do if mother had a stroke recently?

1 Answer | Asked in Child Custody and Child Support for Oregon on
Answered on Apr 13, 2019
Joanne Reisman's answer
If you were ordered to pay support while the child lived with the mother then you definitely want to modify the support so you don't continue to be liable for payments while your daughter lives with you. That would involve also recalculating the support so yes, the mother may end up having to pay support but that would be based on the new income circumstances for the mother. If mother had a stroke and can't work, she may have little or no income. If mother ends up collecting social security...

Q: will the judge go back and undo what's already been done

1 Answer | Asked in Bankruptcy for Oregon on
Answered on Apr 11, 2019
Joanne Reisman's answer
You need to discuss this with your bankruptcy lawyer. That is the only person with enough knowledge of your personal situation and legal training to advise you. It may turn out that you still need the Chapter 13 for your personal liabilities but you need to revise your filings to accurately reflect what your personal holdings and liabilities are and the business entity may need to file a Chapter 11 however Chapter 11s are very complicated and expensive I am told by my colleagues who do them....

Q: G-parents died in 1976 with no wills, no probate was done. OR has unclaimed money (life ins policy). How can I claim?

2 Answers | Asked in Probate for Oregon on
Answered on Apr 10, 2019
Joanne Reisman's answer
You are going to need to talk to an Attorney. Usually if life insurance premiums don't get paid the life insurance gets canceled. If there is still a viable policy to collect the beneficiary would be determined as the date of your grandparent's death so people that were alive then may have the claim or if they have since died the claim accrues to their estate. Long story short, there is a lot to figure out and possibilities that the money doesn't end up going to you must be considered.

Q: Can I sue my neighbors for property damage due to their storm water running directly into my yard - lack of gutters

1 Answer | Asked in Real Estate Law for Oregon on
Answered on Apr 9, 2019
Joanne Reisman's answer
I don't know about Eugene but here in Portland the city gives homeowners a break if they disconnect their rain gutters from the storm drains and allow the water to instead percolate into the soil. This of course assumes that the rainwater has a way to soak into the soil. You can contact the city and see if the set up your neighbor's have violates some type of code. The city also has codes for proper drainage so that water doe not cause landslides involving adjacent property owners....

Q: Can doctrine of practical location be used to set boundary between lots owned by same person until 2 yrs ago?

1 Answer | Asked in Real Estate Law for Oregon on
Answered on Apr 8, 2019
Joanne Reisman's answer
Your mother in law was sold the property described in the deed. She should hire her own surveyor to survey the property and interpret the legal description of her deed. Then she should consult with her own Attorney and try to figure out what Oregon real estate laws would help her resolve the situation.

A practical solution maybe to just want to pay the granddaughter to do a lot line adjustment if the county will allow it. There is bound to be some type of solution but I have...

Q: My son was in a accident not his fault. My insurance was lasped. Oregon

1 Answer | Asked in Car Accidents for Oregon on
Answered on Apr 8, 2019
Joanne Reisman's answer
This isn't phrased as a question so I can't tell what input you are looking for. Is your son trying to get damages for his injuries? If so, all he needs to do is contact a personal injury Attorney in your area. A personal injury Attorney might take the case on a contingency basis and can also tell you how the liability issue looks.

Is your son trying to avoid paying for the other party's damages? Since your insurance lapsed you won't have the benefit of your insurance company hiring...

Q: I recently ranaway, but my family took my dog and went to txs. I thought they were gonna keep him, but they gave him awa

1 Answer | Asked in Animal / Dog Law, Family Law and Juvenile Law for Oregon on
Answered on Apr 7, 2019
Joanne Reisman's answer
There isn't an easy answer that someone can give you on the internet after just reading a short statement. On the one hand, if you have proof of ownership you might still have rights. On the other hand if you abandoned your dog that might amount to animal neglect and your family or your CPS worker giving your dog to someone who could care for the dog was actually doing you a big favor. You also have to think of the dog. The dog has the right to have a stable home with consistent care and...

Q: I have been served a Complaint for negligence in an auto accident, and need legal council on options that I may have.

1 Answer | Asked in Car Accidents for Oregon on
Answered on Apr 7, 2019
Joanne Reisman's answer
If you had auto insurance all you have to do is call your auto insurance company and they will assign an Attorney to defend that lawsuit at no cost to you. The same is true if you didn't have your own insurance but you were driving a car owned by someone else who had insurance on that car. You notify the insurance company that insured the car on the date of the accident.

You can also call Attorneys who do personal injury work or bankruptcy work as many Attorneys in these areas will...

Q: My mother passed away and left a will. My nephew was appointed the PR and opened probate. The will was accepted into

2 Answers | Asked in Probate for Oregon on
Answered on Apr 4, 2019
Joanne Reisman's answer
This can't be answered on a website. Your brother, the PR needs to get legal advice and if the probate Attorney he hired doesn't know anything about family law then another Attorney familiar with family law needs to be consulted. The problem here is you are calling the document a prenup and prenups are normally understood to deal with divorce situations. However in Oregon there is such a thing as a contract to make a Will and generally there are principles of contracts which may come into...

Q: Can a parent lose joint custody for not practicing visitation and not paying child support?

1 Answer | Asked in Child Custody for Oregon on
Answered on Apr 2, 2019
Joanne Reisman's answer
In Oregon, Joint custody is only by mutual agreement. Either parent can ask the court to stop joint custody and determine who has custody going forward at any time. So assuming your parenting time/custody order came from an Oregon Court, that would be the law. However if a court in another State set up the custody situation, Oregon Law would not control. The court which originally made the custody/parenting time order has sole jurisdiction until there is a formal transfer of the case....

Q: need to know if I need to file a adp report even though haven't been served papers to the ins co yet?

1 Answer | Asked in Personal Injury for Oregon on
Answered on Apr 2, 2019
Joanne Reisman's answer
I don't know what ADP stands for. It's not common lingo for Oregon PI Attorneys. I also don't know what you mean by serving papers on the insurance company? You don't serve papers on an insurance company unless you are suing them for something. Normally you serve the person who caused your injury or damages and then their insurance company takes over defending the case.

Could you please explain in more detail what exactly is going on? Then a Attorney will be able to give you a...

Q: Can I sue my ex for my bill to college if she caused my homelessness by breaking up with me during my unemployment?

3 Answers | Asked in Personal Injury, Civil Litigation and Small Claims for Oregon on
Answered on Mar 29, 2019
Joanne Reisman's answer
First of all this isn't a personal injury case. Second of all you alone are responsible for your decisions. She didn't cause you to do what you did. It is your responsibility to have a contingency plan when things don't work out the way you planned. You could have contacted the college to let them know you needed housing, you could have looked for some where else to live. You could have slept in your car and showered in the gym. You could have put out a call for help on social media. You...

Q: In Mom's will she left me her car, my sister took 4,000 out my share to pay for it. Isn't it illegal for her to do that?

1 Answer | Asked in Probate for Oregon on
Answered on Mar 14, 2019
Joanne Reisman's answer
I suspect that there are more facts then what you have written. You might need to talk to an attorney to figure this out because one has to consider all the facts.

Suffice it to say if the estate was otherwise solvent, then the specific bequest of a car would go to you and you would still be an equal beneficiary of the residuary assuming the Will gave you an equal share of the residuary. You would be correct that the PR would not have any power to reallocate the distribution to "fix"...

Q: A person was bit by our dog on our property while we were out of town. The person was permitted to be on the property.

3 Answers | Asked in Animal / Dog Law and Personal Injury for Oregon on
Answered on Jan 4, 2019
Joanne Reisman's answer
Your question contains two different issues. One is financial liability. That is easy to deal with. Call your home owners or renters insurance company and report the incident. Insurance companies are very skilled at dealing with inflated claims and that is what your premium dollars really go to pay for. The insurance company will hire and pay for a lawyer to defend you if a lawsuit is filed.

The rules about dogs biting people has to do with local city and county rules about animal...

Q: Living at step mom house

2 Answers | Asked in Civil Rights, Real Estate Law and Small Claims for Oregon on
Answered on Nov 28, 2018
Joanne Reisman's answer
Just humor your mother. Pay for the carpet and the padding. You got free rent. Do the right thing. Besides, it probably won't cost you any more then your first trip to talk to an Attorney. And I agree with your mom. If you are going to put in new carpeting you should also change the padding underneath. Also if you are are going to carpet a room it would be foolish not to include the connected closet space as well. I would just tell your mom that the padding and the closet carpeting is...

Q: Can the property owner show the inside of my home (which I'm renting) to prospective buyers?

3 Answers | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Answered on Nov 28, 2018
Joanne Reisman's answer
You do need to cooperate with the property owner as a matter of courtesy. In these situations the tenant, the property owner and the realtor with the listing should discuss a plan that accommodates the renter. You should get notice of when they want to show the house. I don't do landlord tenant law so if you want to know what your rights are under those laws contact a landlord tenant Attorney. I do believe a landlord has the right to enter and inspect that house after giving you some type...

Q: I violated a civil restraining order, I sent messages to my wife on Facebook.She is mentally ill /possible sociopath

3 Answers | Asked in Domestic Violence and Family Law for Oregon on
Answered on Nov 28, 2018
Joanne Reisman's answer
A restraining order means what it says. You cannot violate it under any circumstances even if you feel it has been incorrectly issued. Your remedy is spelled out in the notice you got with the restraining order to request a hearing. What you need to do is hire an Attorney to assist you. Besides setting aside the restraining order you can seek other remedies like having a guardian appointed for your wife if she is mentally unstable. The most extreme remedy is to seek to have her committed...

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