The petition is the document that is filed with the court to begin the probate process. Probate is the legal process whereby a court oversees the distribution of assets left by a deceased person. Assets are anything a person owns with value, such as real and personal property and cash.
Type of accident: Hit & run (documented in police report)
Driver (victim): Oregon resident
Accident location: Idaho (twenty miles from Oregon border, on westbound side of highway)
Policy: Vermont, major insurer
Coverage: Uninsured motorist
Where should... Read more »
If you and the at-fault driver are residents of Oregon, then you have the option of filing suit in Oregon or Idaho. In Oregon, you would have to file suit in the county in which the at-fault driver resides or the insurer conducts business. If the insurer conducts business in ID and OR, which is... Read more »
I took a loan from my 401k. I want to stay in the house. I don’t know if he will leave.
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. The key inquiry is whether the parties intended to “pool their resources for their common benefit.”
You... Read more »
Once you are divorced, the court's General Judgment of Dissolution of Marriage is the court order determines your and your former spouse's rights and responsibilities regarding ownership and occupancy of the home and payment of the mortgage. You will have to review your General Judgment... Read more »
He has 2 kids; one lives with us full time and the other stayed with his mother and just turned 18. He moved out and is still in HS living with friend in Portland. The mother grows pot illegally in southern Oregon and the younger son living with us doesn’t want to be there. She was unemployed... Read more »
A court has authority to modify a child support order when there has been a substantial change in economic circumstances that was not anticipated at the time of the original judgment. To determine one's income, the court considers both actual and potential income. “Actual income” means... Read more »
Married since July 5th 2014 at least still married separated and separate households since October 2018
Husband was soul provider
At the time when we were getting married. We signed, and the wedding official signed document stating husband will pay wife monies out to the wife every... Read more »
In Oregon, there is a legal presumption that the value of any asset, except inheritances or gifts, acquired during the marriage will be shared equally at the time of divorce. Typically in Oregon the court uses the value of assets at the time of divorce, not separation. There are some exceptions.... Read more »
i'm 46 years old
Filing a lawsuit against your mother would certainly create awkward times during the holidays. There are other ways to get the information you seek. Get a certified copy of your birth certificate from the state in which you were born. If that doesn't have the information you seek, then... Read more »
There are many different types of protection orders under Washington law so it is difficult to answer your question. Generally, any order, including a protection order or no contact order, can be modified by the same court that issued the original order if there is good cause. For example, a court... Read more »
I am in need of legal assistance with my post judgement child custody case. I am in fear for my childrens safety and well being. They currentlyreside with my ex wife and her abusive husband. I have made several attempts to file paperwork myself. I have multiple court documents and supporting... Read more »
I am so sorry to hear of your dilemma. You will need to consult with an attorney in your area to determine whether you have unwittingly undermined your claim by trying to present your claim without legal representation. Generally, whenever there is a motion to modify custody, you as the moving... Read more »
My brother wants to transfer multiple vehicle titles into my name to avoid them being seized for child support payments.
As the owner of the vehicle, you are generally liable for the actions of persons you permit or allow to use the vehicle. You do not want your brother's legal and financial problems to become your legal and financial problems. Steve Dashiak's answer is spot on. There's an old... Read more »
There was another witness present who was said to inherit almost everything according to the will, but that person did not sign. The only signatures on the paper is the testator and notary.
It is now possible under Oregon's "harmless error" statute that a written document that is not signed in the presence of, and by two qualified witnesses may be a valid will.
The question is whether there is clear and convincing evidence that the testator intended the... Read more »
The property next door has a huge homeless camp the city won't make them move because they say it's private property. The man who owns the property lived out of state but he recently passed away its a prime piece of property on tualatin valley hwy in hillsboro. But we have been told our 2... Read more »
You may have a private nuisance claim against the owner of the adjacent property. A private nuisance is a substantial and unreasonable interference with the use and enjoyment of land.
To prevail on a claim of private nuisance, the plaintiff must prove it is more likely than not that:... Read more »
There are 3 siblings and the youngest was named executor. She listed a few things that were to go to each of us in her will. I'm curious as to what happens with her real estate as it wasn't mentioned to whom it goes to. She wasn't married at time of death. Does the executor get to... Read more »
A personal representative (or executor) is someone who handles the deceased person’s affairs. A will generally names a personal representative who, if willing to serve and otherwise qualified, will be approved by the probate court.
If your mother owned the real estate in her individual... Read more »
My mother in law is my husbands POA and it was filed several years ago. Since it was filed we have married, who has the legal rights her or me?
If the power of attorney does not contain an ending date, the law assumes it is “durable.” That means the authority does not end, even if the person giving the power of attorney is incapacitated. A durable power of attorney is useful when the person who authorized it later becomes unable to... Read more »
We live in Washington state. I am receiving support from the non custodial parent until he graduates high school per the support agreement.
An 18 year old is considered an adult and is no longer subject to a court order for parenting time.
She left a 6,7 and 10 year old alone to get high and hit my daughter.
I am sorry to hear of the abuse your children have suffered. You did not ask a question but I hope this helps:
Your 18 year old daughter is an adult and is entitled to make her own decisions regarding where she will live and whether she should obtain a restraining order. She is eligible... Read more »
A brother who has recently passed was staying on property. There is a foreclosure on property due to neglect of paying a county property tax debt. What if any is the easiest way to obtain legal rights to pay off tax debt? And be the executor of property. Thank you.
Probate is the legal process whereby a court oversees the distribution of assets left by a deceased person. Assets are anything a person owns with value, such as real property (home and land).
A probate is needed to clear title to land or a home that was held in the name of the deceased... Read more »
Two years ago I signed an agreement to share 50/50 parenting time. However, shortly after the agreement and child support order was modified the other parent no longer allowed one of his children to visit due to behavior issues and therefore neither child has been at the other parent’s house for... Read more »
Your question presents a complex and unique situation that cannot be answered here.
Generally, a modification of child custody requires a substantial change of circumstance since the time of the most recent award of custody. Once a person demonstrates a substantial change of... Read more »
The main purposes of service of legal pleadings (service of process) are (1) to notify a person that there is a court proceeding that may affect his or her legal rights and (2) to give that person an opportunity to contest the claim. If the purposes are met, the service of process is considered... Read more »
Not sure how oregon laws work and if probate is always needed when someone really does not own anything and very small funds in bank left
Probate is a legal process whereby a court oversees the distribution of assets left by a deceased person. Assets are any property a person owns that is of some value, such as a bank account.
If your sister named you as a co-owner of the account or as the payable on death beneficiary of the... Read more »
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