Gregory L Abbott’s Answers

Gregory L Abbott

Portland Debt Collection Attorney.

Contributor Level 16
  1. My sister is the executor to my mothers will. I would like a copy of it and would like to find out what atty my mother used.

    Answered 11 months ago.

    1. Gregory L Abbott
    2. Diane L Gruber
    3. Ryan Wesley Collier
    4. Lee Alan Thompson
    4 lawyer answers

    You don't say whether a probate of your mother's estate has been filed in court. If so, you are entitled to regular notice of the proceedings and of major developments in the process. You also can get a copy of the will. If there has not been a probate filed, or at least a small estate affidavit, then your sister has absolutely no authority to do anything with your mother's property, even if the will nominates her to be executor. Only a court, as part of a probate, can appoint an executor...

    8 lawyers agreed with this answer

  2. I lent $ to someone who is now threatening bankruptcy. Can I take him to small claims court or is that a waste of time and my $?

    Answered 8 months ago.

    1. Gregory L Abbott
    2. Brett D Weiss
    3. Robert J Adams Jr.
    3 lawyer answers

    Like most things in life, there are no guarantees. Yes, you can sue him and, if it is for less than $10,000, you can do so in small claims court. If you win the $5,000 and transcribe the small claims judgment to the circuit court docket (just paperwork and a small fee to the court), it can become a lien on any real property owned by the judgment debtor in that same County. If he owns real property in a different County, or even in a different State, you can get a lien on it as well if you...

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  3. Condo part of estate?

    Answered 5 months ago.

    1. Gregory L Abbott
    2. Matthew C McKean
    3. Paul A. Smolinski
    4. Christopher Keusink
    4 lawyer answers

    If your parents deeded the condo to your sister, regardless of whether it was before or after signing their wills, then you sister owns it but was required to allow your parents to still live there during their life times. Now that they have passed, she owns it outright under the facts you have presented. Sorry, but you have no legal claim on it or its value. You get 1/2 of whatever was in your mother's bank account(s), possibly after bills and probate expenses are deducted. If you have...

    7 lawyers agreed with this answer

  4. Does Oregon house sitter sleeping on couch in my home for nearly four years now have tenant rights?

    Answered 8 months ago.

    1. Gregory L Abbott
    2. Troy Austin Pickard
    2 lawyer answers

    Much depends on the exact wording of your agreement with this person. The only way to know something definitive is for you to review the entire situation with a local landlord-tenant attorney. If the agreement does not give him exclusive access to the house, the odds are that he can not lawfully ban you from the house and that don't have adequate grounds, on just the facts presented, to evict him before May 1st. Note that I only say the odds are in favor of these outcomes - other...

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  5. Can landlord refuse to rent to me because i Smoke

    Answered 9 months ago.

    1. Gregory L Abbott
    2. Scott William Fitzpatrick
    2 lawyer answers

    Yes, smokers are not a protected class. Even if he rents to you, he can ban smoking either inside the dwelling or even outside on the grounds, and terminate your tenancy and evict if necessary if you violate that ban. This is likely to be nothing but a conflict between you if you did live there so why even try?

    8 lawyers agreed with this answer

  6. I need to know what is going to happen am i going to jail

    Answered 10 months ago.

    1. Gregory L Abbott
    2. Stephen Charles Cooper
    3. Eric Edward Rothstein
    4. Robert Edward Sokolski
    4 lawyer answers

    Two things - first, do NOT be talking about this on the Web or with anyone BUT your attorney. Whatever is said here or elsewhere can and will be used against you in court. Even if it seems innocent to you, prosecutors make their living twisting words and events to make people look guilty. Don't voluntarily give them ammo. Second, you have a private attorney - discuss it all with him/her. They know the case and details best and are in the best position to advise you.

    8 lawyers agreed with this answer

  7. Are PROBATE BONDS mandatory in Oregon?

    Answered 8 months ago.

    1. Gregory L Abbott
    2. Conrad G Hutterli
    3. Joanne Reisman
    3 lawyer answers

    The normal rule is that if there was no will waiving the bond requirement, whoever serves as Personal Representative must have a bond. That said, it is possible that a court will not require it depending upon the exact circumstances and whether you are willing to put all the estates liquid assets into a "sealed" bank account where funds can only be withdrawn at the end of the probate and/or only with a court order approving the withdrawal. The purpose of the bond is to protect the other heirs...

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  8. Lawyer three hours late last seven times

    Answered 10 months ago.

    1. Edward James Kazaleh
    2. Cheryl Rivera Smith
    3. Christopher Daniel Leroi
    4. Gregory L Abbott
    4 lawyer answers

    Either the Judges in Houston are a helluva lot more tolerant than they are here in Oregon or there is some good reason for her tardiness. Here, if your lawyer does not show up in a civil case, the proceeding goes forth normally anyway...which can mean that you lost your case or your motion or whatever the hearing was for. That said, I agree with the other responses - if you don't like your lawyer's performance, hire a different lawyer.

    7 lawyers agreed with this answer

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  9. I just do not have $575 an hour. How can I find a lawyer I can afford in Virginia. I can make regular payments and will pay.

    Answered 3 months ago.

    1. Gregory L Abbott
    2. Michael Kuzma
    3. Andrew Dennis Meyer
    3 lawyer answers

    Technically, you do not (or, at least, should not) need a lawyer just to get information like a copy of your grandmother's Will assuming her estate was probated or otherwise administered legally. If it was, and you know or can find out what County she resided in at the time of her death, contact the court in that County and request a copy of her Will. Better yet, get a copy of the complete court file pertaining to the administration of her estate. There will be minor photocopy and possibly...

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  10. I have been falsely accused of a noise violation. I spoke to the land lord what can I do?

    Answered 5 months ago.

    1. Gregory L Abbott
    2. Troy Austin Pickard
    3. Robert Lloyd Mauger Jr
    3 lawyer answers

    Unfortunately, there is not much you can do. As Mr. Mauger explained, if this is your first notice for this alleged violation, you have 14 days to "cure" it. If you do, everything goes on as before so long as they do not issue a second complaint within 6 months. If they claim that you did not cure it within the 14 days or if they claim a second violation for the same thing within the 6 months, then they will proceed with filing an eviction action against you because of the alleged violations....

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