garbage bags left. His blind and confined to a wheelchair. They will not leave.. do not pay rent. What can he do. He is renting.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2024
Your friend should contact the landlord or property manager immediately to report the unauthorized occupants and the unsanitary conditions. It's the landlord's responsibility to ensure that the property is safe and habitable, and they may need to take action to remove the uninvited... View More 
My partner passed away on July 5th. No will. We lived at his residence which was my home for over 13 years. I went to visit my grandson in Arizona for 6 weeks and when I came back on Jan 30th his 21 year old daughter changed the locks and won’t let me in. I am almost 66 and my whole life... View More
answered on Mar 5, 2024
I'm very sorry for your loss. You can ask the Post Office to forward your mail. You should be allowed to retrieve your personal property from the house. It's possible that you may be owed repayment for the mortgage payments you have made (less the cost of reasonable monthly rent).... View More
My partner passed away on July 5th. No will. We lived at his residence which was my home for over 13 years. I went to visit my grandson in Arizona for 6 weeks and when I came back on Jan 30th his 21 year old daughter changed the locks and won’t let me in. I am almost 66 and my whole life... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2024
In your situation, consulting with an estate or probate attorney would be a wise step. These lawyers handle cases involving estates, wills, and disputes after someone's death. They can help navigate the complexities of estate law, especially when there's no will, and ensure that your... View More
I am on Social Security and my mother is also on Social Security. She is in a nursing home and soon I have to go put my name on her account at the bank to take care of her medical bills. I owe collections a great deal of money and I only receive Federal benefits and she only receives federal... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024
Under federal law, Social Security benefits are generally protected from garnishment by creditors. This protection applies to the bank account into which the Social Security benefits are directly deposited, ensuring that these funds are safeguarded from most types of debt collection efforts.... View More
I am on Social Security and my mother is also on Social Security. She is in a nursing home and soon I have to go put my name on her account at the bank to take care of her medical bills. I owe collections a great deal of money and I only receive Federal benefits and she only receives federal... View More
answered on Feb 9, 2024
If you are handling your mother's money as her Agent under a Power of Attorney you do not need to add your name to her bank account. Just give them a copy of your mother's Power of Attorney. Your mother's money should not be used to pay any of your creditors.
Grandpa died with 401k. I hired a probate lawyer. I did not know 401k has a beneficiary. Now the estate has $0, but the probate court believes it's worth $225,000. Everyone rec'd the notice about the worth of the estate. I'm the executor. I can't pay any bills, taxes, lawyer I... View More
answered on Dec 1, 2023
Sometimes it happens that a probate is started but we find out that the assets all have beneficiaries. In that case the probate can be withdrawn. However, it sounds like you have other assets besides the 401(k) to include in the probate. If the car and the manufactured home are in your... View More
Dad's wife's will leaves everything to my dad but if he's also deceased then her 3 sons each get 25% of the estate. Does his will supersede his wife's or does he have to follow her will?
answered on Oct 18, 2023
I second Theressa's analysis. It really depends on how the property is titled and that information can be found in the deed recorded with the county.
I will also add that the ownership in the deed supersedes anything listed in the will. As such, if the property is in fact listed as... View More
Dad's wife's will leaves everything to my dad but if he's also deceased then her 3 sons each get 25% of the estate. Does his will supersede his wife's or does he have to follow her will?
answered on Oct 17, 2023
The answer to your question depends on how the home in Oregon is titled. If the Deed shows both of their names as "husband and wife" or "tenants by the entirety" then the house belongs to your father and he has full authority to sell it and keep the proceeds. If it... View More
My sister and I live with mom and we are all on disability. I don't know what all we need to do for all of this and we can't afford and attorney. We need property taxes to keep from going into foreclosure. Any help will be appreciated.
answered on Jun 30, 2023
Go to this website and follow the steps to help your mother defer her Oregon property taxes:
https://www.oregon.gov/dor/programs/property/pages/senior-and-disabled-property-tax-deferral-program.aspx
If your mother lives in Multnomah County she may be eligible for free legal... View More
Her home is paid off and one adult child lives with her.
answered on Mar 20, 2023
The state does not take anyone's home. However, if someone who lives in Oregon receives Medicaid to pay for their long-term care then their estate must repay the State after their death when possible (estate recovery). Since your mother has an adult child who lives with her it is possible... View More
What can I do ? It’s 4hrs rnd trip & they say she’s sleeping he does not want her rest interrupted . She’s almost 90 blind on oxygen all she does is sleep. He won’t call me if she passes either
answered on Mar 7, 2023
In general a Power of Attorney allows the Agent (your brother) to make financial decisions for the Principal (your mother). It does not allow the Agent to decide who can and cannot visit the Principal. I would speak to the manager of the care facility directly. If you are not allowed to visit... View More
Of course I'll try to reason with him and I hope he doesn't follow through with the threat -- but does he have any legal grounds to have me removed if Mom wants me there? What if Mom isn't at home and the police arrive?
TMI: Mom and Dad (80+ yo) are verbally and emotionally... View More
answered on Feb 14, 2023
I don't know the trespassing laws but based on your description of the situation I think it would be best if you do not go to your parents' house for an extended stay. It seems clear that your presence will cause negative consequences for both your parents. If you visit your mother I... View More
answered on Jan 20, 2023
This might be considered elder financial abuse. You can use Oregon’s toll-free hotline: 1-855-503-SAFE (7233) to report it.
You can also report scams and fraud in Oregon with the Consumer Hotline at 1-877-877-9392.
For more information you can go to this website:... View More
Will puting the money into a first person special needs trust keep me from losing my government benefits? I'm being told yes I'm being told no and I don't know what to think but I'm running out of time. Any assistance is greatly appreciated.
answered on Mar 4, 2024
A Special Needs Trust might be helpful in your circumstance but you have to be very careful when it comes to the rules pertaining to Section 8 housing. I understand that some rules just changed Jan. 1st. I recommend you consult with an experienced attorney.
answered on Jan 10, 2024
There are not very many attorneys in Oregon who handle temporary (emergency) guardianships. You can give me a call at 503-786-8191 I will try to locate someone to help you.
He is married to my step brother. He completely took over after my step dad passed. There is a very serious conflict of interest. He kept her from me.and her freinds. I found out that my step had been stealing my grandpa's and my mom's money. And he put it in a irrevocable trust. This guy... View More
answered on Dec 1, 2023
I am sorry for your loss. I recommend you hire a probate litigator to review the facts and advise you.
She changed his will after he moved in with her. At the time he had Dementia and was on hospice. I didn't realize all this until getting the probate papers and she didn't list all his assets. When I questioned why his accounts were not listed she said her name was on it so it all belongs... View More
answered on Sep 20, 2022
I'm very sorry for your loss. You should consult with a probate litigator. You may be able to contest the Will. It may be more difficult reverse the titling of your father's bank accounts and/or vehicles but a probate litigator will be able to give you an estimate of your chances of success.
A tenant living in a 4 plex is rubbing his own feces all over this building he has assaulted tenant's broken out almost all windows in 2 units including his own the property management has been contacted all they have done is board up all windows over the feces and has left it like this for at... View More
answered on Aug 1, 2022
It sounds like this tenant might be having a mental health crisis. I strongly recommend that you call Adult Protective Services in your county and ask them to make an immediate welfare check.
Anyone who is being assaulted should call 911.
In Multnomah County you can also call the... View More
I, as one of the two beneficiaries of the private trust wishes to remove/replace crooked trustee from Klamath county records, as he refused to give me customized contents of the private trust, that he created rendered Foul Play. Title co. informed me there are 4 other uninsured deeds recorded... View More
answered on Apr 11, 2022
I'm sorry but you have not asked a question. I recommend you hire an experienced trust litigator to assist you. How you are able to change Trustees will depend on the terms of the Trust Agreement.
When we spoke to my mother she was very clear, not confused or disoriented.
She clearly communicated to the nurse that “I do not want to be here” “did not agree to what is happening or going on around here” “this was not my idea” “ i did everything I was asked to do, but I do... View More
answered on Feb 4, 2022
I'm sorry to hear all that you and your mother have gone through. I recommend you hire a probate litigator to assist either you or your mother. This does not appear to be a wrongful death case.
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.
