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Grant Richard Burton

Grant Burton’s Answers

22 total

  • If I have power of attorney do I need to identify myself before accessing someone elses account? Can I act as the person?

    If I gain special power of attorney to access someone's account to make changes, do I need to identify myself and the situation? May I just act as the person I have power of attorney over if they give me permission in the POA form? Does a company ...

    Grant’s Answer

    I agree, you should not attempt to act under a power of attorney to make changes to a bank account without producing (1) identification establishing your correct identity, and (2) the power of attorney authorizing you to make changes to the person's account(s). Keep in mind that you have a fiduciary duty under the power of attorney, and that a breach of this fiduciary duty could lead to criminal and/or civil liability.

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  • Do I have to pay taxes on my divorce settlement?

    I received a partial settlement from my divorce last year and will be receiving the rest this year as my ex and I have agreed. Do I need to pay taxes on this money? He had gotten on his own name, a home equity loan (my name has not been included...

    Grant’s Answer

    You most likely do not need to pay taxes on the funds you are scheduled to receive pursuant to the divorce settlement. A money award received as compensation for property going to the ex-spouse is not txabale income. On the other hand, if the money you are receiving is described as "spousal support" in the judgment, then it probably would be taxable income to you. You should review the judgment terms to determine whether the money award to you is described as "spousal support." Good luck.

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  • Do I need a lawyer to get divorced in Oregon?

    I have been married for two years, but separated for the last three months. I moved out of the house I had been living in with my Husband. We have pretty much separated our personal property, and do not have kids (thank God). Do I need a lawyer ...

    Grant’s Answer

    Given the length of marriage and the absence of minor children, you might not need an attorney to get divorced. The Oregon Judicial Department website has a large database of forms you could use to file and complete the divorce "pro se." However, if you are jointly titled on the house you referred to with your husband, or if both your names appear on the mortgage, this may significantly complicate the situation.

    Even if you ultimately decide to represent yourself, you should probably at least consult with an attorney. Fees for a divorce vary greatly, but you should not hesitate bto ask an attorney very specific questions about the attorney's fee structure. Good questions include the attorney's hourly rate, initial retainer, and how much the total fees were on the last three divorce cases the attorney completed.

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  • What is Intel's requirements to work at their sites in Oregon

    Intel is sensitive to domestic violence. Under ORS what is considered domestic violence

    Grant’s Answer

    Oregon law defines domestic violence as abuse between family or household members or abuse between partners in a dating relationship. ORS 107.705 (try Google) further defines those terms, so it is usually pretty easy to determine whether a conviction is considered domestic violence under Oregon law.

    If you have a conviction that would otherwise prohibit you from working at Intel, make sure you investigate whether the conviction could be expunged from your record.

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  • Recently divorced, agreed to loint custody,i was to claim 2children she claims other two,she changed her mind, do i challenge?

    on paper we have joint custody, it was agreed that i would take two kids and she the other2, but just today she changed her mind and is going to claim all four, i have my two kids that we agreed that i could and currently claim them in taxes, is t...

    Grant’s Answer

    Under federal tax law, the primary physical custodial parent (51% or more of the overnights) is entitled to claim the child tax credit for that child. For this rule not to apply, you need a valid judgment awarding you the child tax credit. If the agreement you had with the mother is in writing and signed by both parties, you might be able to enforce this as a settlement agreement and have it out into a general judgment giving you the tax credit. You should consult with an attorney.

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  • Its been over 90 days since my arraignment i was wondering if i can per sew my right to a speedy trial yet?

    portland oregon

    Grant’s Answer

    Oregon has a speedy trial rule, but only if the defendant is in custody on the pending charge (60-day rule) or an unrelated charge (90-day rule). In is not that unusual in some counties for it to take a year to get to trial if you are out of custody.

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  • Do I have a good chance for custody/gaurdianship in dependency court?

    I have a child that my ex took from me, I finally established a DNA, my my ex has issues of meth and has 5 referral from the state. she tried to commit suicide 2 times the past 3 years.The state took her kids to their aunts house,but don't underst...

    Grant’s Answer

    From the issues you describe, it appears that you have a strong argument that the mother is not a safe person to have custody of your daughter. At the same time, there is a strong preference in custody cases in favor of the "primary caregiver." It appears that this situation may involve both juvenile law and family law issues, which can be complicated. I do recommend that you at least consult with an attorney to properly evaluate your potential for gaining custody of your daughter. Good luck.

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  • I am not a person with much money. I barely get by. But, I desperately need a lawyer's help to get full custody of my 2 kids.

    My kids are 5 and 10 and they both want to live with me. Their father has a vehicle, and he makes sure I am not included in school decisions, or medical decisions. We have joint custody, but he continues to make sure I am not able to make the pl...

    Grant’s Answer

    Keep in mind that, in Oregon, joint legal custody requires the consent of both parties. If one party no longer agrees to joint legal custody, this would support a modification of the custody judgment. You could contact Legal Aid or the St. Andrews Legal Clinic, which might take your case for no fee or a reduced fee. You could also file modification paperwork yourself ("pro se"). Free forms are available online at the Oregon Judicial Department website. Good luck.

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  • Can the district attorney charge me with one crime and for not taking a plea,threaten to charge me with a more severe charge?

    i was told if i did not take the plea i would be charged with a much more severe crime. i filed a motion to suppress all evidence in this case and since i did not take the plea, the DA withrew the charge and charged me with a more severe one. Can ...

    Grant’s Answer

    I agree with the other comments - this is a very common strategy used by prosecutors in Oregon. However, If the DA does not have a good faith basis for charging you with the new crime (i.e., the alleged facts don't support the charge), then the DA may have acted improperly. In general, the best strategy is to focus on whether the State can prove the charged offense, rather than trying to shift the focus to the conduct of the DA.

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  • My daughters father and i were never married. how does this effect child custody laws in OR? she lives with me .

    she does she him two evenings/overnights. and one weekend day for about 5 hours. where do i stand? i want full custody. i am not opposed to her being with him one full day and overnight.thanks.

    Grant’s Answer

    You may want to file a Petition to Establish Custody, Parenting Time, and Child Support in the county in which you reside. This is similar to a divorce proceeding, but focuses solely on child custody-related issues. If you are the primary care provider, you have a very good chance of being awarded sole custody, with the father having some parenting time. You could potentially do the paperwork yourself, but is usually advisable to hire an attorney if you ahve the resources to do so.

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