As Heirs and Next Of Kin, you and the Sisters have standing to file a Will Contest. Hopefully you have not waited too long as assets can be dissipated quickly. Get your Witnesses together, along with medical records, to prove Dementia. Hire a competent attorney.
We have been here over a year and there has never been a problem. Originally we were to share the kitchen and living room. It is difficult to share the living room because of it's size. We came home today and found she had placed a lock on the kitchen door. We also have our own personal... Read more »
Your question is currently categorized under Elder Law in Oregon. Do you live in Auburn, WA? I think you will get better answers if you choose Landlord - Tenant as your category. Be sure to also choose the correct state since laws vary from state to state.
I live in Eugene, OR. My father is in Yucca Valley, CA in memory care facility since 1/2019. His wife had control of his advance directive and finances. After urging for months she put me on the HIPA and efforts were being made by social worker to get me added to the advance directive. However, she... Read more »
My step father attempted to kill my mother and was removed from the home by the police. He is now living out of town and his guardian has acquired a court order for me (step daughter) to deliver all of his belongings at my expense out of town . I’m currently my mothers only caregiver around the... Read more »
Pretty much any time someone gets a court order without a chance for you to appear and contest the order before it is issued the court needs to allow a chance for you to object and ask for a hearing. However if you were given advance notice that someone was going to court to get such an order that...Read more »
After my step dads major stroke to the right side of his brain, he became aggressive. Especially towards my mom and I ... He even notified others of his intentions to stab her to death. He was removed from the home by the police and now living with a man he hasn't seen in over 55 years and... Read more »
When I've asked her for an accounting of the trust she says "there's no money so there is no trust. Real property has been sold along with vehicals including recreation vehicals. Each beneficiary was to get 1/3 of his estate and upon his death was to distributed to us kids. He was... Read more »
It is possible that your father never transferred his assets into his Trust. If, for example, his property was jointly held with his wife then it is not controlled by his Trust. I recommend you hire a local probate attorney who can write a demand letter to the Trustee(s) to try to determine...Read more »
My wife and I recently relocated from Portland to Palm Springs. For the past 4 years my wife has acted as the Power of Attorney for her elderly aunt who has no kids and only a brother and sister who have been unable to care for her. My wife coordinated the placement of her in a care facility as she... Read more »
It's possible that Medicaid will see paying for your travel as a valid expense as long as it benefited your aunt and was not just for a visit. You will also have to check your Power of Attorney to make sure it authorizes you to make this kind of purchase. You would likely benefit from an...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 »
I have been accused of violating my lease. They say they have me on camera. I have a signed statement from the man who actually committed the offense. I am 80 and in a wheelchair. I cannot take this harassment anymore. It is adversely affecting my health. I have been in Home Forward for 24... Read more »
It is unclear whether this is still in an informal state of resolution or if you are being sued in court. Either way, you likely do indeed need the aid of a landlord-tenant attorney. Simply make an appointment to review everything with a local one and see where you go from there.
After a divorce 5 years ago, Richard updated his Will, leaving everything to his adult children. We married 3 years ago, and he hasn't updated his Will or added my name to the two duplex rental property titles (except as 1% owner at time of purchase of the building which he/we bought with... Read more »
Both you and your husband should have updated your Wills after getting married. Real property doesn't automatically pass to another unless it is titled correctly to do so ("right of survivorship", "tenants by the entirety", Transfer on Death Deed, etc.). If you are left out...Read more »
To do a garnishment a creditor first has to have a judgment from the court. Then they have to serve garnishment papers on someone who has your property or money. So if you go somewhere to cash a check it is unlikely that your creditor would be aware of you doing this in time to serve garnishment...Read more »
to $550 with another 10% (compounded on the yearly increase) increase this year bringing it up to $605! We own our units. It is getting to the point that we cant even sell if we wanted out. We cant move our units and as the lease payment keeps increasing we cant sell or we would have to walk away.... Read more »
Sorry but no, a lanadlord can raise the rent as much and as often as they wish so long as they give proper and lawfully served 90 day or more advanced notice, assuming you are on a month to month tenancy.
Mom goes to hospital, and it's discovered in rehab that she now has permanent dementia. She moves home and has live in caregivers 24/7. Meanwhile, kids are looking for a permanent place to put mom. Soon after, mom's attorney says they can't do that, it was set up that she stay in... Read more »
If mom's house is sold the money won't got to anyone and instead will go to pay for her care in a nursing home. Whether there will be any money left over for an inheritance is unknown. If there is a conservatorship set up by the court, then the Attorney who set up the conservatorship...Read more »
I work for an in home care giving company and would like to quite now. They told me I have to give at least a two weeks notice or they will turn me in for abandonment. Can they really charge me for that or are they just trying to scare me so that I stay longer?
If there is property of you mother's that has never been administered it is not too late to contact an attorney and see what if any steps need to be taken to finish administering her property. However, doing a formal legal proceeding such as probate is not required. It is only necessary if...Read more »
My sisters have stolen a property from my mother, and I'm trying to get it back for my mother with a lawyer. Her lawyer said those two sisters are trying to build a case that I'm elder abusing my mother by doing something she doesn't want to do. My 87 year old mother is 100% coherent... Read more »
Elder abuse is based on a definition of elder abuse found in the Oregon Statutes: https://www.oregonlaws.org/ors/124.005. Your mother's opinion, while not insignificant, does not determine if a case of elder abuse does or doesn't exist. You should get your own lawyer and discuss the...Read more »
This is a broad question. Please help me understand what risk my siblings and I may have for our father driving. Is there any case law in Oregon setting precedence? In my mind's eye, we have a moral obligation to the public. My questions are: Knowing our Dad should probably not be driving... Read more »
If you father does not live in your house, isn't driving your car, and isn't listed on your car insurance, I don't think you have any legal ties to him such that the damages for an accident he causes will come back on you. The indirect financial problem would be that if he causes an...Read more »
ORS 109.010, to the best of my knowledge, only is actionable by the parties mentioned, ie a parent suing a child for support or a representative of the child suing the parent for support. The statute is not a mechanism for a third party creditor to hold the adult child responsible for a debt of...Read more »
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