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 »
Oregon courts permit "discovery" of “any matter, not privileged, that is relevant to the claim or defense” of any party. The document or information being sought need not be admissible in court as long as it “appears reasonably calculated to lead to the discovery of admissible... Read more »
My wife and I are trying to move from Oregon to Arizona. We met with her ex (non custodial) parent and he agreed upon a parenting plan but he will only sign if child support is cut in half.
No. Extortion is a crime that usually involves a threat of physical harm. You have a dispute about child support.
Oregon’s Uniform Child Support Guidelines contain a formula that takes into account the parties’ gross income, the parties’ parenting plan (the overnights), childcare... Read more »
my mother died 4 days ago n i need to know how to file claim on house in oregon no will or power of attorny im oldest child my sister died as baby n my brother doesnt want it
You will first need to check the deed to the home to see who owned it. If the home was owned by your stepfather and your mother (or your mother alone), then you will need to probate your mother's estate. Probate is a legal process whereby a court oversees the distribution of assets left by a... Read more »
paperwork listed her surviving husband as heir or devisee when he is not listed in the Will as such and in fact signed a Waiver of Elective Share that is referenced in the Will. My sister and I think that these issues are not valid or legal. We have sent the Lawyer a letter detailing these two... Read more »
There are many variables to consider, but in most cases, you have four months to file an objection disputing the validity of the will that was submitted to the probate court . The time for objecting begins to run from the date you received notice of the probate proceeding. The objection must be... Read more »
After cremation, she had no money left, didn't own a home, was single and has a financed older car. She lived with my brother.
Please accept my condolences on the death of your mother.
Probate is a 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, for example.
You... Read more »
I have physical custody and he has her every other weekend and a couple weeks in the summer. He told me he will not allow me to move. Financially this is best for me and educationally right now is best for her.
Subject to the court's availability during COVID 19, a hearing in most relocation cases can usually be heard within 3-5 months of when Father files his objection to the move. Often, the objection is accompanied by a motion to change custody and/or parenting time. The process usually begins... Read more »
Being as I'm able to stay home and school our children would my husband income count as providing for my children. Or for custody would they go off just my income? I know with child support they go off just your income but what about custody and providing for your children when your remarried.... Read more »
One factor that a court may consider in deciding whether to modify child custody is whether a parent is able to provide a secure and stable environment for the children. Your current spouse's income, which allows you to be a stay-at-home mother to your children, could work to your advantage... Read more »
My wife and I are in getting divorced, neither has filed yet. The girls are with her the majority of the time as I work and she doesn't. I have them every other weekend and friday nights on the weekends I don't have them. I asked her if I could have them more and she refuses. She's... Read more »
The presumed amount of child support in Oregon is based upon the following variables.
1. Each parent's gross income (before tax). If a parent is unemployed or underemployed, the court will determine that parent's potential income or earning capacity based upon that... Read more »
I live in OR, and I'm going through my first divorce - short-lived marriage, no dependents, etc.
It's been uncontested so far so most of the assets and finances have been simple, and already divided.
We bought a house about a year before the marriage (~1 year married).... Read more »
The fair market value of the residence is what a willing buyer would pay to a willing seller in an arm's length transaction. The appraised value is an appraiser's expert opinion of the fair market value of the residence. The expert's opinion is only an opinion of fair market value.... Read more »
Yes. A claim of the personal representative, as a creditor, is not presented in the same manner as other creditor's claims. The personal representative’s claim must be filed with the court and must be approved by the court before payment. Upon request of the personal representative or of any... Read more »
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 »
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