answered on Sep 10, 2018
Any operson can always sue.
What are the damages?
What are the resons they did not come sooner?
Could you have called a different funeral home?
Who called and when?
Is the case of suffcient cvalue that an attorney would take it on a contingency fee basis?
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... View More 
answered on Jul 20, 2018
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... View More
answered on Jun 29, 2018
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... View 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.... View More
answered on May 7, 2018
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... View More
answered on Apr 3, 2018
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... View 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?
answered on Mar 7, 2018
Oregon is an at-will state, so people are free to quit assuming you do not have a contract for a specific term.
answered on Jan 9, 2018
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... View 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... View More
answered on Sep 13, 2017
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... View 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... View More
answered on Jul 5, 2017
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... View More
I am referring to Oregon law 109.010 or the filial responsibility law.
answered on May 31, 2017
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... View More
My dad doesn't have a will and I am not sure he can actually get one because he has communication issues. Also, if he now wants to gives away property to his children, would this hinder his ability to get medicaid because it would be viewed as dumping assets in order to be fully funded for... View More
answered on May 24, 2017
You may need to have a conservator appointed by the court for your father if he is unable to handle his own financial affairs. If he has the capacity to make his own decisions, he could appoint an attorney in fact under a power of attorney to assist in handling his financial affairs. Depending on... View More
They've stolen from her prior to her doing her walk thru, they have cut off all contact with my husband & I, They are not paying her Avamere bill & we were sent an eviction notice. I could go on.
answered on May 2, 2017
We have no clue what type of fiduciary capacity these people have. If they have been appointed by the court their actions are subject to review by the court and you will need to get an attorney to help you seek such a review. If they aren't court appointed I am afraid we can't guess how... View More
I have been caregiving for my grandmother for 2 years this July and have thus kept her out of a nursing home. Even when we reach the two year mark she can't transfer the house to me just because of the technicality that I am a granddaughter and not a son or daughter. Her only living child has... View More
answered on Apr 19, 2017
Who told you this? PROVIDED your grandmother is of sound mind and she WANTS to leave the house to you, she can. If she wants to give the house to charity she can do that too. If she wants to give the house to the local fire department so they can burn it down as a training exercise she could do... View More
My mother has outlived her funds, She receives $1201.00 a month in Social Security. She does not qualify for medicaid and is being threatened with eviction. We have tried to find her another place to live in the area so she can stay close to her Doctors and there just isn't anything available... View More
answered on Feb 24, 2017
I would not assume that she doesn't qualify for medicaid. At her age, 86, she should probably be in assisted living and she should be able to qualify for medicaid that would help pay for that. She would have to spend her social security on the cost of her care and medicaid would pick up the... View More
constant calls from banks. I don't answer because I'm afraid. The will won't be probated because there are no assets. What should I do?
answered on Jan 23, 2017
If the bills are in the deceased's name alone, and are not liens on any property (for example, a mortgage) you are not obligated to pay the bills. The deceased's creditors can start a probate of his estate, but if there are no assets, the creditors won't bother. You should tell the... View More
Four hour maximum sitting time only. CPR certification only. Not looking to make a big business out of this. Would I need insurance, and if so what type? Would a simple contract be enough to cover my bases?
answered on Mar 9, 2016
I do not do elder law, but you might want to look into if this would require some sort of license like a CNA. As to insurance, you always want to have insurance, and a commercial general liability (CGL) should suffice, along with perhaps a professional liability rider. This way if something happens... View More
The original question is very vague and potentially misleading, the actual question is this: Are there any legal avenues a person can pursue that would permanently prevent them from having to go to an elder care or medical facility later in life regardless of their mental condition at that later... View More
answered on Jan 15, 2016
A local estate planning lawyer should be able to advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to... View More
The elder lived part time in Oregon with a family member... We later found this person had drained money from his accounts for personal use.
answered on Dec 8, 2011
This elder abuse and financial fraud. All funds should be returned to the victim or the victim's estate.
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