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 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 »
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 »
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