First, the answer depends on what the existing court order states. Second, if there was an agreement that modifies the court order, that agreement should be in writing and state how long the change is supposed to last. Third, if Mother has legal custody of the child in a court order, she cannot... View More

Ordinarily, you cannot audio record someone in person unless they consent. In Oregon, only one party to a telephone conversation within Oregon needs to consent to the recording, and that is the person recording. If the in-person audio recording is made from a public location, such as a sidewalk,... View More

First, you may want to check the county court's records to see if an estate was ever opened for either person. If so, and if there was a will, the court will have it and you can get a copy. If estate proceedings were not filed, then a will search usually begins with a search of the deceased... View More

There are only two reasons for not complying with a court order: 1. There is a newer court order that modifies the earlier court order. 2. Both parents agree to a change to the court order. Agreements between parents to change parenting time should be in writing to avoid misunderstandings.... View More

If your BF's father had a will, the will will control how the property in the estate will be distributed upon his death. It is unlikely but possible that your BF owns the entire house. If the deed provides for survivorship rights, your BF may own the entire home. Once your BF was added to... View More

If a lender is foolish enough to make a loan to only one of two owners of the property, it is ok. Your great aunt committed forgery and fraud if she signed your grandmother's name to a deed without your grandmother's consent or knowledge. If there is a lien against only one party's... View More

Under Oregon law, a child between the ages of 18-21 is considered a statutory party to the child's parent's divorce for purposes of child support only. The 19 y.o. does not need to be served if she signs a waiver of service. Most children sign that without hesitation.

If your mother owned anything of value in her name alone at the time of her death, her original will will have to be submitted to the court in a probate proceeding. You will receive notice of that proceeding and a copy of the will. The only exception is if there are no assets of value in your... View More

If there is a court order for parenting time, both parents are obligated to follow it. If father is not willing to visit for brief periods of time, and wants extended visits, then I recommend that you file to modify parenting time and obtain a status quo order, which is a new court order that... View More

You are obligated to re-open the probate estate, and obtain an updated appointment as personal representative if there is no payable on death beneficiary listed on the stock/bonds. If the original estate was processed as a small estate, you may still be able to transfer the stocks/bonds under a... View More

Your sibling may be able to keep the house, but she will have to pay all other siblings their share of value of the house. The will is binding, as you say, and must be followed unless all beneficiaries agree otherwise.

Insurance companies are required to pay all of your reasonable and necessary accident-related medical costs. They just don't like it, and if you let them, they will pay as little as they can. Most insurance coverage for personal injuries is either first or third party coverage. An example... View More

You will probably need to file the small estate affidavit if there is no named beneficiary for the $50,000 asset, or the named beneficiary for the $50,000 asset is the estate of the decedent.

Unless there is a will, the sole child of a deceased person who is not married at the time of death will receive all estate assets. Any claim for the wrongful death of the decedent as a result of the car accident also benefits the heirs of the decedent. In this case his son is the only heir.... View More

Yes. You may make a civil claim for your child's injuries. Ordinarily, the maximum amount you may recover against the other child's parents is $5,000 based upon the child's willful and malicious actions. As far as pursuing a criminal charge against the assailant, you can report... View More

Your circumstances are not uncommon but unfortunately there is no ideal solution unless both parents and stepparent are willing and able to allow the child to maintain a healthy relationship with all the adults. If you've already had a contentious custody battle, you probably know that the... View More

If service of process was invalid, then the court lacked jurisdiction to enter a judgment and the judgment can be set aside. If service was valid, you may still be able to have the judgment set aside, particularly if the judgment is less than one year old and the judgment was entered by mistake,... View More

If you filed a small estate affidavit to obtain life insurance benefits and you are the claiming successor, then you are obligated to pay the state's claim from the assets in your sister's estate. The life insurance proceeds are part of your sister's estate assets. If you were named... View More

If the life insurance was payable to you upon your sister's death, then you have no obligation to pay her creditors. If the life insurance was payable to your sister's estate upon her death, and you are a beneficiary of her estate, then the estate is obligated to pay your sister's... View More

Your sister may be entitled to receive spousal support in a dissolution of marriage action in Oregon but much depends on whether her spouse is working and how much he earns, her and the children's ages, health, the standard of living during the marriage, and other factors. There are three... View More