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2 Answers | Asked in Estate Planning for Oregon on
Q: I & my husband have put our home into a revocable living trust for our 2 adult children. We have so little income that

We could qualify for Medicaid if we claimed the property taxes that we pay, to be rent to our children. But since this is a REVOKABLE trust, can we do that legally?

Theressa Hollis
Theressa Hollis answered on Mar 18, 2020

You’ll need to provide more information. Property taxes and rent are two different things. I recommend you schedule an appointment with an experienced Medicaid attorney.

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2 Answers | Asked in Elder Law and Estate Planning for Oregon on
Q: How do I setup a conservatorship?

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 »

Theressa Hollis
Theressa Hollis answered on Mar 17, 2020

Since your father is in California you will need to hire an attorney who is licensed to practice in that state. I recommend you post your question under California instead of Oregon.

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2 Answers | Asked in Bankruptcy and Foreclosure for Oregon on
Q: If someone files bankruptcy to stop home foreclosure but passes away before it's final, what happens to the home?

Also, if the bank will take the house for what's owed to them, can the surviving family take over the debt so that they can keep the house?

Joanne Reisman
Joanne Reisman answered on Mar 17, 2020

The bankruptcy ends when the person who filed dies. The house not having been foreclosed now belongs to who ever inherits the deceased owner's interest in the house subject to other claims by the deceased owners creditors which may or may not require a probate to sort out. Any foreclosure... Read more »

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1 Answer | Asked in Divorce and Immigration Law for Oregon on
Q: Married to a US citizen for 21 years. I have a GC. Can I divorce and stay as a perm. res. w/o becoming a citizen?

I am married to an abusive man and have been for 21 years. He got me my green card. I have 2 adult children who are citizens. I work and have never broken the law. I want to stay in the US but divorce this man. I do not want to become a citizen. Is it possible for me to divorce him and maintain... Read more »

Adan Vega
Adan Vega answered on Mar 16, 2020

Your permanent resident status that has been issued to you will not end if you are granted a divorce from your U.S. citizen. You have been married for 21 years and you can provide proof of your bona fide marital relationship if your marriage is ever questioned by USCIS.

You also are not...
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1 Answer | Asked in Employment Law and Small Claims for Oregon on
Q: 1/2 I told the wrong info to my coworker about our work schedule(not my intention, it is an honest mistake) resulting to

(2/2) ...him not able to work on his other job at other company. Am I obligated to pay him for his lost job hours? (Again not my intention to tell him wrong info)

Gregory L Abbott
Gregory L Abbott answered on Mar 15, 2020

If you are this fellow's manager or the person who officially schedules his work hours, maybe there is some sort of potential liability. But if not, you just gave him your best knowledge. It did not come with a guarantee of accuracy and ultimately it was his responsibility to determine his work... Read more »

1 Answer | Asked in Car Accidents for Oregon on
Q: While exiting a clearly marked parking spot the vehicle next to me opened their door causing the wheel well on my trailo

Damage to their door who's at fault

Tim Akpinar
Tim Akpinar answered on Mar 15, 2020

It could depend on additional facts. Although the person opening a vehicle door is generally responsible, if they did not have enough room to open door adequately to get out, they could claim they were squeezed in with no other choice. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law for Oregon on
Q: My sister's husband died he was the only one on the title and the loan of the house. She doesn't know what she is to do
Joanne Reisman
Joanne Reisman answered on Mar 14, 2020

She needs to talk to a lawyer who can help her figure out if she inherited the house either because of Oregon's intestacy laws if the husband didn't have a Will or because the Husband did have a Will. If there were no step children by the husband and he didn't have a Will, the intestacy Laws would... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a fixed-term 18-month lease signed in December 2018 be terminated at the end of the lease without cause?

In Oregon, not within Portland, Bend, or Milwaukie

Gregory L Abbott
Gregory L Abbott answered on Mar 12, 2020

Yes, but only for a "permitted" reason as specified in ORS 90.427 and by following the required procedures including being potentially required to pay the state-wide relocation assistance of one month's rent if the landlord is not exempt.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Does a 14 day stand if the the landlord took rent for three consecutive months action was false

02/25/2019 @ apox.10:03 pm of action I was in the Hospital with documents action taken was false?

Gregory L Abbott
Gregory L Abbott answered on Mar 12, 2020

You need to post an expanded, more coherent question. A 14 Day what? 30 Day For Cause Notice w/14 days to cure? Did landlord take rent before or after a Notice of Termination? Exactly what type of Notice was issued? What does "Action was false" mean? Current court status? Have you actually... Read more »

1 Answer | Asked in Contracts and Communications Law for Oregon on
Q: Can a mechanic charge me 20% of the price of a part I no longer want?

Been dealing with a mechanic about 3 weeks. Ordered a part I needed a week ago told me it would be in within the next week. Asked him about when it would be put in this week. And now hes told me another week out, I decided to go somewhere else and now he wants to charge 20% of the price of... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 11, 2020

It's hard to say but unless he promised you in writing a date by which he would have your car fixed I think you are being unreasonable and you should either pay for the cost of returning the part which he only ordered for you or just let him finish the job and have him guarantee in writing that he... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: i have an eviction from october of 2016 how long can it be used against me was in washington but now i live in oregon
Gregory L Abbott
Gregory L Abbott answered on Mar 10, 2020

Prior evictions within the prior 5 years can be considered by potential landlords in deciding whether to accept a tenant applicant; 3 years within the Portland city limits.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Oregon on
Q: How can my daughter ask to use her toy hauler from husband if they have a no contact

My daughter filed divorce and restraining order her husband has possession of a camp trailer the purchased that shows her as the buyer on bill of sale she wants to use the trailer but she has no idea where he has stashed it how can she go about recovery of this she has it in divorce papers as an... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 10, 2020

Look, getting away from a domestic violence is far more important than a toy hauler. She should research the value, and ask the court to include the value in the division of assets. The court then tries to divide the property equally and can award money or physical property. The path of least... Read more »

1 Answer | Asked in Small Claims for Oregon on
Q: Do I need to pay a deposit back to someone I replaced on an apartment lease?

There was no discussion of paying a deposit back and I’ve been threatened with a small claims court case.

Gregory L Abbott
Gregory L Abbott answered on Mar 10, 2020

Unless you specifically agreed, any security deposit charges or refund is strictly between the landlord and the ex-tenant. If a new "replacement" tenant paid it to the out-going tenant, the new tenant can end up paying for any damages the landlord alleges caused by the out-going person.

1 Answer | Asked in Family Law for Oregon on
Q: If an 18 year old has mental disabilities, can a parent keep full custody until they are 21?

My significant other is 18, and wants to leave her household. Her adopted mother is saying that she cannot leave until she is 21. My significant other is terrified that this is true. And therefore, is terrified to leave. Is this a possibility? Or are the fears unjustified?

Joanne Reisman
Joanne Reisman answered on Mar 10, 2020

At age 18 the disabled child is legally an adult. However anyone who feels that they are disabled to the point they need assistance can apply to the court to be appointed as their legal guardian. It is a scientific fact that the brain of any human doesn't reach full maturity until age 25. I... Read more »

1 Answer | Asked in Immigration Law for Oregon on
Q: For filling I 130 for my current husband i need to provide information for my pervious marriage that it was bona fide.

Hey,

I got my green-card based on marriage and i got divorce 4 months ago because of different factors. We were married for 2 years and 8 months and my first greencard issued for 10 years.

Now after my divorce i Got married to my best friend and apply for his greencard . He is... Read more »

Amanda B Cook
Amanda B Cook answered on Mar 10, 2020

If you have a ten year green card, and your husband has separate status, I'm confused as to why you are filling out any sort of marriage based application for either of you. Does he (new husband) not have a green card? If he has a PhD can he not self-petition? If he can go that route, that is much... Read more »

2 Answers | Asked in Probate for Oregon on
Q: My mom passed away and left my cousin as representative . My cousin doesn’t want to do it, can she change it to me?
Nina Whitehurst
Nina Whitehurst answered on Mar 9, 2020

Your cousin does not have the authority to appoint you as the executor of your mother's estate, but she can decline to serve and you can nominate yourself to serve. Ultimately the court decides who to appoint.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How do I evict a roommate from my house when we had no written lease/agreement?

I allowed a friend to stay in my home for 5 months and 5 months only, while I was away. He has been paying me rent + utilities, but we do not have a signed agreement. Now that I am returning and he has lost his job, he does not want to leave at the agreed upon time. What action can I take to get... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 8, 2020

Assuming you are referring to a rental in Oregon but not within Portland city limits, you must properly terminate his tenancy, either for cause or for no cause. Since your rental agreement was verbal only, it is a month to month tenancy. If you wanted to limit it to a 5 month term, it had to be a... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law, Family Law and Juvenile Law for Oregon on
Q: Would I be able to work as a"runaway" and are my parents able to prevent me from working in Oregon?

I live in Oregon and I'm seventeen. I graduated early a few months ago, I have a full time job and my birthday is in September. This is my first time living in Oregon with this parent because I moved in after I graduated and I was a resident at Job corps for a year before that. It's just so... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 7, 2020

You are technically not able to commit to any legally binding agreements until you turn age 18 unless you get emancipated by a court proceeding. It probably isn't worth the time and money to file for an emancipation when you are only months away from turning 18. I suppose you could move out and... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Does Oregon's law that landlords return security deposits within 31 days of end of tenancy apply to storage facilities?
Gregory L Abbott
Gregory L Abbott answered on Mar 5, 2020

No. It applies to residential rentals. Storage facilities are commercial leases. You still, however, are entitled to either a refund or an accounting for whatever deposit(s) you made at the beginning of the lease.

1 Answer | Asked in Car Accidents for Oregon on
Q: While exiting a clearly marked parking spot the vehicle next to me opened their door causing the wheel well on my trailo

Damage to their door who's at fault

Joanne Reisman
Joanne Reisman answered on Mar 3, 2020

Your post has an incomplete sentence. Please re-post with the details more clearly explained.

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