What share of the estate is the half sister entitled to
I am sorry to hear of your daughter's death. Your deceased daughter's sister is not entitled to share in wrongful death proceeds because at least one parent (you) is alive.
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 father's friend is... 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 »
I'm uneducated to how the system works and I need help
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.
You could also... Read more »
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 »
My father was killed during the scope of his work out of state. My mother has been told that she must open a small estate case in Idaho and not in Oregon where they live. Is this correct?
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 Idaho... 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 child's best... 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 »
Married 16 years. If I challenge the petition, it states I will have to pay her legal fees?
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:
(I) The duration of the marriage;... Read more »
Cigna did not coordinate their benefits with Nathan's primary insurance coverage through Regence. Cigna did not cover any copays for 3 years. We didn't quite understand the magnitude until speaking to our pharmacy and doing some investigating. We spent hours and hours collecting print outs from... Read more »
If you have received bad checks, you can recover from the company issuing the checks the costs of collecting the amount of the check, including attorney's fees, interest on the amount of the check which accrues at the rate of twelve percent per annum from the date of dishonor; and three hundred... Read more »
cosigned new loan to lowers exwife car payments , mortage copmany says this voids divorce stipulation that she pay for car, and now rejected for refi on house anyway to fix this??????
The 2018 transaction does not void the divorce judgment. Your former spouse complied with the divorce judgment by refinancing the car debt in 2018. You effectively co-signed for a legal stranger, since you were under no legal obligation to do so. You may have some options, but you should contact... Read more »
Yes he is 18 but he is still in high school & his dad claims he is the custodial until my nephew graduates.
You don't. Your nephew is an adult.
Grandmother died 9/4/76, Grandfather died 9/20/76, 1 surviving son, whereabouts unknown, 1 deceased son, 1 granddaughter (me), 1 grandson, whereabouts unknown. Grandmother was beneficiary on life insurance policy, no secondary listed. No claim has been filed by creditor's for the unclaimed money,... Read more »
Assuming the funds are held by Oregon Department of State Lands, you will need to determine whether either or both of your grandparents had wills. If so, one or both of their estates may need to be probated, depending on the terms of the wills. If you are the daughter of their surviving son, you... Read more »
i will want a lawyer close to zip 97478
If your interest in your mother's will is contested, you will need a lawyer who has experience in probate and estate litigation.
Child benefited from it. Is that legal?
More information is needed to answer your question, including whether the child who received the savings account was a joint owner of the account or a payable on death beneficiary of the account and what were the circumstances surrounding your father's decision to effectively change his estate plan... Read more »
The opposing party is not coming forward with accounting for unknown reasons and has also borrowed money from the estate without approval from the judge. The opposing party also had depleted the estate account and had to open another one giving an updated inventory and is somehow blaming their... Read more »
This is a common and unfortunate scenario when there is no comprehensive estate plan in place. If your mother and father owned their assets jointly while they were both alive, the surviving spouse will own everything when the first spouse dies. There is no estate and no probate for the first... Read more »
She had me move my mom in the house almost a year ago, now she’s trying to take the house and my mom and me have no where to go. Because of her infidelities I’m mentally emotional because of her and her cheating
Generally, your wife's cheating is not admissible in evidence in a divorce case. Oregon is a no fault divorce state, which means you cannot introduce evidence of fault to prove the reason for getting divorced. Your wife's cheating may be admissible if there is an adverse economic consequence that... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
