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James Oberholtzer
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James Oberholtzer’s Answers

423 total


  • Can we represent ourselves in a law suit for trust rights?

    We were given a gift in 2007. It is a house. It was left to us by my inlaws. My father passed away in 2009. I had taken care of him since 2006. We continued to care for my mother I law until July 1st 2015. My brother in law got my mother in law to...

    James’s Answer

    It sounds like you are in a dispute over a substantial amount of money. This can be very costly. I suggest you meet with an attorney with experience in this area for an evaluation of the costs and benefits of proceeding with a lawsuit.

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  • What can I do when a company sign my name to 2 power of Attorney forms. What can I do about this?

    I'm owner operator of a truck that I was buying for this company. The contract I had with them said nothing about take over my money and getting insurance.

    James’s Answer

    I do not understand your question? I think you are not getting any responses from other attorneys for the same reason.
    Please organize your thoughts and try again.

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  • Is there anything else I can do besides sue for debt owed?

    I have an ex commercial tenant that owes me several thousand dollars in past due rent and other expenses. I understand that I will probably have to sue him for this amount. But I wonder is there anything else I can file against him with the court?...

    James’s Answer

    You need to focus on Oregon law since this is an area where the law in different states is quite different. The law can also be different in different counties or cities. So, check out the local law as well.
    There is no point in getting a judgement if the tenant cannot pay. So, be sure the tenant has the money before spending your time and money on getting a judgment.
    That said, you will probably do much better in the negotiation with the tenant if you file the lawsuit first. It can motivate the tenant to do the right thing.

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  • The Last name on my Birth Certificate is different than the one on my Social Security Card. I would like to have my BC changed.

    I was not issued a Social Security Card at my birth in 1977. 2 years after my birth my mother got a divorce. About 2-3 years after that she remarried, and at the SS office, they issued my card with my stepfathers last name at my 5 year old reque...

    James’s Answer

    This is not a tax question. I will change it to family law. Those folks deal with this more often. I imagine that it has to do with whether there is an existing court order changing your name. It not, you may have a file an action for a legal name change.

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  • Is there any good tax attorneys in or around Portland oregon area

    I assume I need a good tax attorney in order to file my taxes since I have neglected to file for an extended period of time I would not even know where to start getting the required documentation needed short of the irs and after not filing for cl...

    James’s Answer

    Get started now. The statute of limitations does not begin to run on your taxes for past years until you file the return. If you had filed the returns for these years in the past even if you had not paid the taxes, many of them would be closed now. Until you file the returns, the IRS can pursue you and your estate forever.
    The first step to filing the returns is gathering the information for income and expenses. If you do not have the information, you can get a transcript from the IRS of what their records say.

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  • Can my dad go onto a property owned by him and my mother when she says he cannot and has mailed him a notarized paper saying so?

    My parents got divorced while my dad was in prison and my mom says he cannot go onto the property without her permission. The notarized letter she sent is all she has done other than make a formal complaint to the police. There is no restraining o...

    James’s Answer

    In general, a co-owner of an undivided interest in real estate has an equal right to occupy the entire property. However, your situation does not sound usual. This result can be altered by agreement between the parties, by statute and by court order.
    It will take an attorney quite some time to give an opinion about who has rights and duties in your situation.

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  • In a quit claim deed, "The true consideration for this conveyance is $" .. is the dollar amount the value of the home or buyout?

    I am in the process of buying out a friend on a property we went in on but wasn't sure if I put the appraisal of the home here or how much I am providing for the removal of her from the title or simply leave it blank?

    James’s Answer

    It is the amount you are paying for the interest being conveyed to you. Include the amount of a promissory note that you are giving along with the amount of cash.

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  • Can we switch homes with our daughter. Put our names on each others title then refinance.

    Our daughter recently bought a new home and it's to much for her to afford. Both homes have a mortgage. We would like to switch homes with her since we owe much less and that would make it affordable to her. We would prefer to do a refinance as it...

    James’s Answer

    Great question. An exchange is a taxable transaction. A double sale. Both parties recognize gain or loss depending on whether the property has increased in value since you bought it. Since both parties are using the real estate as their primary residences, it is possible that both parties can claim the income exclusion upon the sale of a primary residence under IRC Section 121.
    Check and see if both your daughter and you qualify for the income exclusion. If so, Section 121 excludes $250,000 of gain for your daughter and $500,000 of gain for you and your wife.

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  • Real estate contract

    l had a house that was listed "as-is" , the contracr was signed by both parties and closing was doon. They had a house inspection and sent an addendum for $2500 less than what was price l signed for else no sale. Because house was listed "as-is" ...

    James’s Answer

    The terms of the written contract control the transaction. In most contracts the house inspection is a condition of closing the sale. If that is the case here, then they buyer is within their rights to ask for a concession or cancel the sale.
    There may be other requirements in the contract that have not been met that would alter this result. You should consult with an attorney familiar with Oregon law for a thorough review and to obtain legal advice.

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  • Lawyer has provided a draft of a couple of estate planning documents but is vague on follow up.

    A lawyer that I chose to draw up my estate plan, not a very complicated one, has provided mw with drafts of the 2 trusts, again, not complicated. I asked where the other documents as in pour over will and advanced directive were and he said that i...

    James’s Answer

    Your relationship with your estate planning legal counsel is voluntary. Any time it is not working for you, you can terminate it and move on. Like most relationships, it usually makes sense to communicate and try to work it out first. Tell the attorney your concerns and let the attorney respond. Even if you decide to terminate the relationship, you will have learned something useful.
    It is a harder question to determine how much you should pay, if at all. If the attorney did professional quality work, the attorney is entitled to be paid for it. If not, then the attorney is not entitled to be paid. It may be difficult for you to evaluate if the work was professional quality or how much it is worth. The only way to find out is to hire another attorney to advise you. Often this is not worth the cost involved.
    One way forward is to negotiate with the attorney about it. Most attorneys would rather have you leave with a sense of fairness than get the last dollar out of the work they have done. It may be that you can come to an agreement.

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