My mother plans to create a Special Needs Trust for my brother to manage any inheritance that he receives from her. This inheritance could exceed $500k. My brother is married, on disability, and a very poor money manager. My mother’s primary goals are to ensure that my brother has a safety net... View More
Your mother can create a Third Party Special Needs Trust (it can be embedded in her Living Trust or stand-alone). Mom can/should name anyone OTHER than your brother to serve as the trustee for this SNT with him as beneficiary. As an example: you could be trustee for your brother (in charge of...View More
I have been separated from my spouse since May 2023. Both our paychecks go into a joint account along with shared bills. Am I allowed to move my paychecks to another account before the finalization of the divorce?
The best way to handle this situation is to discuss with your spouse how you will handle the joint account going forward. Your spouse will want to move his/her payroll deposits as well to an individual account. You should discuss the timing, and how much you will each contribute to the joint...View More
"Temporary insanity" is not typically a formal legal term used in divorce settlements. In divorce cases, issues related to mental health and emotional well-being might be addressed through various legal mechanisms, such as determining custody, visitation rights, or spousal support.
In their divorce it said that she would have to pay her own medical bills and he would have to pay his but now after all this time the creditors are coming after him it's been so long and he didn't know she didn't pay and now the bill went from 6,000 to 16,000 what can we do this doesn't seem fair
It all depends upon the exact details. IF the creditor sued your husband and won in court, they would have gotten a Judgement against him. All Oregon Judgments are valid for 10 years and can be renewed once for an additional 10 years. So it is possible it is a collectable debt. If, however, they...View More
Me and the wife stayed in the home made the payments from a joint account and I remodeled the house and also help make the payments and paid the sister off from her portion of the house am I initialed to any portion of the sale of the home
You will need to review the specific facts of your situation with an attorney. The answer to your question will depend on what written agreements you have, how the home is titled, whether or not your mother-in-law left a Will or Trust, how much you can prove you have done to increase the current...View More
Depending upon many factors, including when he transferred his assets and the terms of the Trust, you may be able to collect. Review everything in detail with a local collections attorney or possibly your divorce attorney if that is where the Judgment originated.
In Oregon, obtaining sole custody of your daughter amidst your future ex-wife being under criminal investigation and her relocation to another state involves demonstrating to the court that such an arrangement would be in the best interest of your child. The court considers various factors in...View More
Quite honestly, your question shows such a mis understanding of the way a divorce is handles, I would urge you to speak with a local attorney - particularly where a present retirement account needs to be divided years in the future.
Generally, attorneys hire other attorneys to prepare...View More
If you believe that the current arrangement is not in the best interest of your child, you may file a request with the Social Security Administration to become the representative payee or seek a modification through the appropriate legal channels.
In Oregon, temporary insanity is not typically a factor considered in divorce settlements. Divorce settlements are determined based on various factors such as property division, child custody, and spousal support, among others.
We have lived on property in Manufactured home since 2007. We both own home. Home was on his mother’s property. Due to estate planning when property (land) was passed on to husband in 2019 it was in his name only. We never got around to changing deed to both our names. We have always... View More
An inheritance is considered a gift. Gifts received by one spouse during the marriage are not subject to a presumption that the gift was acquired by the parties equally as long as the gift was held separately and not commingled into the joint financial affairs of the spouses. Although the...View More
Once you are divorced, the court's General Judgment of Dissolution of Marriage is the court order determines your and your former spouse's rights and responsibilities regarding ownership and occupancy of the home and payment of the mortgage. You will have to review your General Judgment...View More
He has 2 kids; one lives with us full time and the other stayed with his mother and just turned 18. He moved out and is still in HS living with friend in Portland. The mother grows pot illegally in southern Oregon and the younger son living with us doesn’t want to be there. She was unemployed... View More
A court has authority to modify a child support order when there has been a substantial change in economic circumstances that was not anticipated at the time of the original judgment. To determine one's income, the court considers both actual and potential income. “Actual income” means...View More
In Oregon, there is a legal presumption that the value of any asset, except inheritances or gifts, acquired during the marriage will be shared equally at the time of divorce. Typically in Oregon the court uses the value of assets at the time of divorce, not separation. There are some exceptions....View 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...View 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... View More
In early August my wife said she wanted a divorce and that she was moving 90 miles away within the week. She applied for a new job about the same time and interviewed the day after she told me she wanted a divorce. 7 days later she moved. There was not even enough time to petition for a divorce. We... View More
You have a couple of options here. Depending on how long ago this occurred, you may be able to file a motion for status quo to have the child returned to your custody. The court takes several factors into account when determining custody, hometown factors being one of them. You should contact an...View 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....View More
If the home and all assets on it are going to me, but the loan is in her name, how does this work? Do I need to "purchase" it (even though the assets being put into the house are mine and already built into the house?) Or would it considered a refinance under another name? To confuse... View More
This question goes across several aspects of law, as you noted when you classified it, Divorce, Real estate and Financing. You REALLY need to contact a local attorney (suggest Family Law/Divorce) to discuss what documents need to be drawn up and whether the bank needs to be made a party to the...View More
I have tried to reach out to him but he will not respond to my calls/texts/emails but I do know he is working. I don't live in the area where he resides and where our divorce took place either, so that makes it difficult as well. What can I do to compel him to pay the support that he owes? He... View More
This is really a matter best taken up with your divorce lawyer since they are the most familiar with all the details of your case. You likely have options such as asking the divorce court to find him in contempt of court (that usually gets results) for failing to pay per the court order; you can...View 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.