For estate planning purposes, you do not need to specifically identify in a pourover will any assets that will be transferred after death. The pourover will is essentially a back up estate plan. First, all assets except qualified retirement accounts should be placed in trust. Second, if an asset...Read more »
We signed a prenup that he keeps the farm should we divorce. Now I have to move because it's his. We tried to split up other property fairly. He counted the money he had and I had before marriage as owed to him on his side since he had more. Wondering if I am missing $ in equity somehow or he... Read more »
If the prenuptial agreement is a valid contract, then the divorce court will most likely approve it. There are many factors that must be considered in determining whether the prenuptial agreement is a valid contract. Factors include whether there was a full disclosure of all material facts...Read more »
Over two years ago I was divorced and my spouse was awarded the house. He also had to give me a buyout. As part of the divorce decree I would be able to stay in the house for four years and at the end of those four years he would have to buy me out. He has since moved out of the house and has told... Read more »
Your understanding that you can't just change the property division in the divorce is correct. Instead of amending the decree, I recommend you enter into a new agreement to purchase the home from your former spouse, who is now the current owner of the home, in exchange for satisfying his...Read more »
My mom has roughly 100 non-running or junk vehicles that are titled either to her or one of her closed businesses. Before she passes, should I re-title them in the name of her Trust, or should I let them go through probate? The only value they will have to me is most likely scrap value.
If your mother has the certificates of title for the vehicles, she should sign her name in the release of seller's interest on the back side of the titles. Once she signs a title, keep it in a secure location. After (or before) your mother passes, you can transfer ownership of the vehicle by...Read more »
Yes it is possible under Oregon law to have child support paid directly to an adult child attending school. If support is paid by income withholding through the state, the state will make payment to the adult child directly unless the adult child has indicated another method of payment. Your...Read more »
If there is a written custody order or judgment signed by a judge, both parents are required to follow it. You should review your custody order or judgment to determine whether it requires direct communications. Generally, it is in the children's best interests for the parents to communicate...Read more »
The legal standard for proving a person was incapable of making a will is a difficult one that must be proven by clear and convincing evidence. If you succeed in establishing that your father lacked sufficient capacity to make a will, then his prior will, if he had one, will control the...Read more »
I was in an accident were liability was determined to be completely the other drivers fault. Both of us have the same insurance carrier (Progressive). The insurance company forced me to use my own PIP to pay my medical bills. I would have rather not used my own policy (PIP) and filed a third... Read more »
Mr. Stevens is correct. The insurance company for the at-fault driver ordinarily will refuse to pay anything for your personal injury claim unless that claim is completely resolved. There won't be any partial payments. The 70% of income calculation is a rough estimate of after-tax income....Read more »
Any asset acquired during the marriage is considered a marital asset. As a general rule, the net value of a marital asset is divided equally when spouses divorce. Net value means fair market value of the asset minus any debt owed on the asset. There are exceptions to the general rule, so you...Read more »
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 »
This is a common scam and is considered elder financial abuse, most likely. You may call local law enforcement or adult protective services to report your concerns. You can also alert your father's friend's bank to be on the lookout for suspicious, large transactions. If your...Read more »
Oregon law allows allows a victim of child sexual abuse to bring a lawsuit at any time until the victim turns 40 years old or 5 years after the victim knew or should have known of the causal connection of the injury and the child abuse, whichever is later. You should contact an attorney as soon...Read more »
If you need help in finding an attorney, you may call the Oregon State Bar's Lawyer Referral Service at (503) 684-3763 or toll-free in Oregon (800) 452-7636 and ask for a modest means referral. There are some attorneys who are willing to represent clients at a reduced rate.
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 »
You should immediately contact an attorney to determine your rights. If your father did not have a will when he died, then you and your sister are entitled by law to a share of his estate unless he was married to your mother when he died. If your father had a will that was probated by a court, it...Read more »
When an unmarried couple separates, Oregon courts attempt to determine the parties’ intent when deciding whether and how to divide property acquired during the relationship. If there is no written agreement, the court should examine the facts to determine the parties’ implicit intent. The...Read more »
I'm sorry to hear of your father's death. If he was a resident of Oregon when he died, you may open an estate in Oregon but then you may also need to open an ancillary estate if he owned real property in Idaho when he died. If he was an Oregon resident but owned real property located in...Read more »
The property subject to division in a dissolution consists of two categories. The first, “marital property,” consists of any property that either or both of the parties own, regardless of when the property was first acquired. The second category of property is “marital assets.” Marital...Read more »
i hAVE six children 3 of them whore are my childrens sibiling that i have raised 100% there lives 3,4,8 mother is absent for over 3 years and father and i are seperated i raise the children 100% on my own and have played the role of single parent half of there lifes alone since seperation i have... Read more »
To obtain custody of a child who is not your biological child, you will have to overcome a legal presumption that the child's legal parent is acting in the best interests of the child. Raising the child may be enough to overcome the presumption that the legal parent is acting in the...Read more »
Hi, my husband just passed away and without will because he got a stroke is die very fast. Last Oct 2018, his daughter introduce a lawyer for him so we designed to made a trust. On the first meeting my husband said l can using all the rent income for ten years until our daughter Graduates but the... Read more »
Please accept my condolences on the death of your spouse. From your post, it appears you are or may be a beneficiary of a revocable living trust. Your spouse was one of the trustors of the trust, and you may be a trustor also. A trustor is a person who creates a trust. I recommend that you...Read more »
There are three types of spousal support in Oregon: compensatory, maintenance and transitional. In deciding whether to award spousal support, and the type, amount and duration of spousal support, the court will generally consider the following factors:
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