Oregon Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Oregon Questions & Answers
Q: My grandpas ex wife is A beneficiary on an annuity He divorced her Bc she committed fraud on his accounts what can we do
Vincent J. Bernabei's answer
Depending on the express terms of your grandfather's General Judgment of Dissolution of Marriage, the beneficiary designation may be revoked and the former spouse's ability to access the annuity may be restricted. Also, it is possible that he notified the annuity company of a change of beneficiary but the company did not comply with the notice.
You should consult with an attorney to determine your rights.
Depending on the express terms of your grandfather's General Judgment of Dissolution of Marriage, the beneficiary designation may be revoked and the former spouse's ability to access the annuity may be restricted. Also, it is possible that he notified the annuity company of a change of beneficiary but the company did not comply with the notice.
You should consult with an attorney to determine your rights.
Q: My friends mom was named in a will to distribute monies to her 3 adult kids. No money has been received by them.
Vincent J. Bernabei's answer
You may consider filing a court petition to have the personal representative removed. The petition should be filed in the probate case. The court will grant the petition if the personal representative has commingled estate money, such as using estate funds to pay for her own personal expenses. You should move quickly on this before the funds are spent because once the money is gone, the personal representative may not have the ability to pay the money back.
You may consider filing a court petition to have the personal representative removed. The petition should be filed in the probate case. The court will grant the petition if the personal representative has commingled estate money, such as using estate funds to pay for her own personal expenses. You should move quickly on this before the funds are spent because once the money is gone, the personal representative may not have the ability to pay the money back.
Q: My fiance' and I purchased our house one month before marriage. Now, 10 years later, he says he put more money in.
Vincent J. Bernabei's answer
The court's ultimate responsibility in dividing marital assets in a divorce proceeding is to make sure that the division is just and proper under all the circumstances. You have not provided enough details for an attorney to provide an informed response to your question. Without knowing all the circumstances, it is difficult to say whether your spouse may receive his initial contribution toward the home. You have a lot at stake and I recommend that you contact an attorney to discuss your...
The court's ultimate responsibility in dividing marital assets in a divorce proceeding is to make sure that the division is just and proper under all the circumstances. You have not provided enough details for an attorney to provide an informed response to your question. Without knowing all the circumstances, it is difficult to say whether your spouse may receive his initial contribution toward the home. You have a lot at stake and I recommend that you contact an attorney to discuss your...
Q: I don’t want my child around my ex’s abusive boyfriend. No custody agreement is in order, only verbal. What can I do?
1 Answer
| Asked
in
Child Custody, Domestic Violence and Family Law
for
Oregon
on
Answered on Dec 17, 2018
Answered on Dec 17, 2018
Jessica Larsen's answer
If no one has previously filed for custody, you may file a petition for custody with appropriate parenting time awarded to the other party. You can find pre-printed forms at the courthouse in your county. However, you should keep in mind that the court generally awards custody to the parent that has been the primary parent for the child's life. If Mother has been the person to meet your daughter's needs on a day-to-day basis, the court may favor her. However, the abuse against Mother works in...
If no one has previously filed for custody, you may file a petition for custody with appropriate parenting time awarded to the other party. You can find pre-printed forms at the courthouse in your county. However, you should keep in mind that the court generally awards custody to the parent that has been the primary parent for the child's life. If Mother has been the person to meet your daughter's needs on a day-to-day basis, the court may favor her. However, the abuse against Mother works in...
Q: What do I get for the child support I pay to the other party?
Jessica Larsen's answer
You present a few issues here. The first and most relevant answer I can offer is that you get nothing for paying child support. The purpose of paying child support is to support your child on the days they are not with you. The paid parent may use the money as they see fit and do not have to offer an accounting to you. If you feel what you pay is not justified because you spend roughly an equivalent amount of time with your child as the other parent, you may use the child support calculator on...
You present a few issues here. The first and most relevant answer I can offer is that you get nothing for paying child support. The purpose of paying child support is to support your child on the days they are not with you. The paid parent may use the money as they see fit and do not have to offer an accounting to you. If you feel what you pay is not justified because you spend roughly an equivalent amount of time with your child as the other parent, you may use the child support calculator on...
Q: I lost guardianship of child to my ex based on lies. How do I get a Family law hearing Jackson Co to present evidence?
Jessica Larsen's answer
I would need more information to fully answer your question, but assuming your ex obtained a signed order on a Motion to Show Cause, you have 30 days to respond or request a hearing. I would recommend consulting an attorney who practices in Jackson County to discuss your options more fully.
I would need more information to fully answer your question, but assuming your ex obtained a signed order on a Motion to Show Cause, you have 30 days to respond or request a hearing. I would recommend consulting an attorney who practices in Jackson County to discuss your options more fully.
Q: My tenant signed an agreement to vacate the premises in 30 days. If she does not move as promised, do I have to evict?
Gregory L Abbott's answer
You cannot start an eviction until after the deadline passes and the tenant still remains. Then you must file to evict and evict through the court process or be liable to the tenant for a variety of potential damages, none of them cheap. A court eviction is a technical process that must be followed exactly or risk having your case thrown out, with you owing the tenant's court costs and attorney's fees, plus you have to start over from scratch. IF you want to enforce her termination notice,...
You cannot start an eviction until after the deadline passes and the tenant still remains. Then you must file to evict and evict through the court process or be liable to the tenant for a variety of potential damages, none of them cheap. A court eviction is a technical process that must be followed exactly or risk having your case thrown out, with you owing the tenant's court costs and attorney's fees, plus you have to start over from scratch. IF you want to enforce her termination notice,...
Q: Can I fire a contractor at will if I find out he is unlicensed? Can he sue me?
Daniel DiCicco's answer
This depends on the nature of the work. Most residential home improvement type work requires that the contractor have a CCB license. You can fire him if he is doing this work unlicensed. He could potentially try to sue you if you have a signed agreement with him- anyone can file a lawsuit. But I think you would have an excellent defense. If you don't have a contract then you can fire him at any time.
This depends on the nature of the work. Most residential home improvement type work requires that the contractor have a CCB license. You can fire him if he is doing this work unlicensed. He could potentially try to sue you if you have a signed agreement with him- anyone can file a lawsuit. But I think you would have an excellent defense. If you don't have a contract then you can fire him at any time.
Q: Moved out in May and got my deposit back in July. I recently received a bill for utilities. Can they bill MONTHS after?
Gregory L Abbott's answer
Well, yes, a landlord can bring claims against you for up to one year after the claim arose. That said, however, it sounds as if you may have multiple claims against the landlord. First, they were obligated to either refund or provide a written accounting for why they were keeping your security deposit within 31 days of your restoring possession to them. If they were late, you are entitled to recover twice the amount not timely refunded or accounted for, plus your court costs and attorney's...
Well, yes, a landlord can bring claims against you for up to one year after the claim arose. That said, however, it sounds as if you may have multiple claims against the landlord. First, they were obligated to either refund or provide a written accounting for why they were keeping your security deposit within 31 days of your restoring possession to them. If they were late, you are entitled to recover twice the amount not timely refunded or accounted for, plus your court costs and attorney's...
Q: I have HIV and severe PTSD with phsycotic tendencies. I need a pro bono bankruptcy attorney.
Cristina M. Lipan's answer
Legal aid will help you draft your bankruptcy petition, but will not actually represent you. This is not the kind of legal work that attorneys will do pro bono. If you have no income or assets then you're essentially judgment proof anyway, so bankruptcy is not urgent and you can wait until you have the money to pay for an attorney. You might be ok filing on your own if you have no assets to protect, but mistakes can complicate things for you.
Legal aid will help you draft your bankruptcy petition, but will not actually represent you. This is not the kind of legal work that attorneys will do pro bono. If you have no income or assets then you're essentially judgment proof anyway, so bankruptcy is not urgent and you can wait until you have the money to pay for an attorney. You might be ok filing on your own if you have no assets to protect, but mistakes can complicate things for you.
Q: If i was a resident with someone in their home and they pass away. Am i allowed to stay in the home since the rents paid
Gregory L Abbott's answer
It all depends. First, did the deceased own the home? If so, by himself with no one else on the Deed? If so, the next question is whether his estate has been probated or submitted to administration through the court. If not, no one, including the Brother in Law, has legal authority to do anything with the deceased's property, including the house or to collect rent from you for it. IF brother in law has been appointed Personal Representative of the deceased's estate by the court, then he...
It all depends. First, did the deceased own the home? If so, by himself with no one else on the Deed? If so, the next question is whether his estate has been probated or submitted to administration through the court. If not, no one, including the Brother in Law, has legal authority to do anything with the deceased's property, including the house or to collect rent from you for it. IF brother in law has been appointed Personal Representative of the deceased's estate by the court, then he...
Q: Year contract is up in June and landlord wants us to sign another year lease by Jan. Do we have a month to month option
Gregory L Abbott's answer
It depends upon the exact wording in your lease. Most leases provide that unless the parties either renew the term lease or one notifies the other that they do not wish to renew, the tenancy then automatically becomes a month to month tenancy. That is NOT an option guaranteeing the tenant the choice to become month to month. So one needs to look at your lease wording critically and carefully. Normally a landlord is not required to offer you a month to month option so any right you might...
It depends upon the exact wording in your lease. Most leases provide that unless the parties either renew the term lease or one notifies the other that they do not wish to renew, the tenancy then automatically becomes a month to month tenancy. That is NOT an option guaranteeing the tenant the choice to become month to month. So one needs to look at your lease wording critically and carefully. Normally a landlord is not required to offer you a month to month option so any right you might...
Q: Can you go back to court ordered custody if the verbal agreement that was made is no longer working out
Daniel DiCicco's answer
You're in a bit of a pickle. Yes, you can go back to the old plan, but also the other parent can object and you'll find yourself in litigation if he or she does. The court-ordered parenting plan is the only legally enforceable plan at this time.
You're in a bit of a pickle. Yes, you can go back to the old plan, but also the other parent can object and you'll find yourself in litigation if he or she does. The court-ordered parenting plan is the only legally enforceable plan at this time.
Q: How do I get a roommate who has a friend sleeping over about most nights to stop?
Gregory L Abbott's answer
Look at your lease - most leases provide for a limit on how often a guest can stay before it violates the lease and potentially subjects you both to termination. IF it does have such a limitation, and your roommate won't abide by it, then you need to consider the potential impact if you call it to your landlord's attention. He may not care; he may try to force your roommate to comply; or he might simply give notice and if not fixed, proceed to simply evict both of you. And perhaps he would...
Look at your lease - most leases provide for a limit on how often a guest can stay before it violates the lease and potentially subjects you both to termination. IF it does have such a limitation, and your roommate won't abide by it, then you need to consider the potential impact if you call it to your landlord's attention. He may not care; he may try to force your roommate to comply; or he might simply give notice and if not fixed, proceed to simply evict both of you. And perhaps he would...
Q: Landlord told us she would put in an AC unit if we rented her property. Once we rented it, she refused to put it in.
Gregory L Abbott's answer
IF adding an air conditioner was part of the rental agreement, it likely is enforceable IF you can prove it (assuming the landlord denies it). Verbal agreements are lawful, enforceable, and binding BUT proving the contents of those agreements is often difficult and/or tricky. See if you can get her to confirm the original agreement in an email, text, etc. to try to strengthen your claim before proceeding.
IF adding an air conditioner was part of the rental agreement, it likely is enforceable IF you can prove it (assuming the landlord denies it). Verbal agreements are lawful, enforceable, and binding BUT proving the contents of those agreements is often difficult and/or tricky. See if you can get her to confirm the original agreement in an email, text, etc. to try to strengthen your claim before proceeding.
Q: Landlord said she can take last months rent from the security deposit but is going to charge me 25.00 a day.
Gregory L Abbott's answer
Sorry but I am not clear what you are saying. Yes, a landlord can take any rent still owed after move out from the security deposit before refunding or accounting for any balance in writing to the tenant within 31 days of move out; and yes, rent is prorated on a daily basis; but I am unclear what you are referring to about a $25 day "fee". If that is your daily pro-rated amount of rent, fine...but if this is some sort of additional fee the landlord is trying to charge, that likely is not...
Sorry but I am not clear what you are saying. Yes, a landlord can take any rent still owed after move out from the security deposit before refunding or accounting for any balance in writing to the tenant within 31 days of move out; and yes, rent is prorated on a daily basis; but I am unclear what you are referring to about a $25 day "fee". If that is your daily pro-rated amount of rent, fine...but if this is some sort of additional fee the landlord is trying to charge, that likely is not...
Q: I'm a tenant and the only one on my lease. I've rented out a room to someone who has now not paid rent. Can I evict?
Gregory L Abbott's answer
IF the subtenant pays their rent to you (well, is supposed to anyway) you are likely their landlord - with all the obligations and privileges of being such. If they do not pay their rent by the 8th day of the month (assuming it is due on the 1st), you can/should issue a 72 hour Termination of Tenancy Notice and then, if not paid by the time it expires, no longer accept rent and proceed to file an eviction in the local court. Understand this is a very technical process which must be followed...
IF the subtenant pays their rent to you (well, is supposed to anyway) you are likely their landlord - with all the obligations and privileges of being such. If they do not pay their rent by the 8th day of the month (assuming it is due on the 1st), you can/should issue a 72 hour Termination of Tenancy Notice and then, if not paid by the time it expires, no longer accept rent and proceed to file an eviction in the local court. Understand this is a very technical process which must be followed...
Q: How can we enforce travel to be split on a child visitation that is out of state
Daniel DiCicco's answer
You need a parenting plan that specifies who pays. This is a common component of any Oregon child custody and parenting time case.
You need a parenting plan that specifies who pays. This is a common component of any Oregon child custody and parenting time case.
Q: Can I move after I filed a petition for custody, child support and parenting time?
Daniel DiCicco's answer
Indeed you may. However, the other party may move at any time for an order to restore the "status quo", which is the parenting time arrangement of the parties in the 90 days leading up to filing. You could find yourself with an order to return right back from whence you came, which could potentially be highly inconvenient.
The other party has 30 days to respond to a petition. I would counsel that you do not move, and that you retain an attorney.
Indeed you may. However, the other party may move at any time for an order to restore the "status quo", which is the parenting time arrangement of the parties in the 90 days leading up to filing. You could find yourself with an order to return right back from whence you came, which could potentially be highly inconvenient.
The other party has 30 days to respond to a petition. I would counsel that you do not move, and that you retain an attorney.
Q: We don't have any joint debts, do I need to list our individual debts when filing the divorce petition?
Daniel DiCicco's answer
You absolutely should list every debt. The reason is that the court will consider these debts when dividing assets. Even debts only in your name may be "joint" debts when considered in the broader context of your marriage. Full disclosure is best. Also, you really should not be doing it yourself unless you really know what you're doing and / or your finances are extremely simple.
You absolutely should list every debt. The reason is that the court will consider these debts when dividing assets. Even debts only in your name may be "joint" debts when considered in the broader context of your marriage. Full disclosure is best. Also, you really should not be doing it yourself unless you really know what you're doing and / or your finances are extremely simple.
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.
