James Oberholtzer’s Answers

James Oberholtzer

Portland Estate Planning Attorney.

Contributor Level 14
  1. What are the laws in Oregon if someone didn't leave a will?

    Answered almost 2 years ago.

    1. James Oberholtzer
    2. James P. Frederick
    3. George Winslow Mead
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Run, do not walk to a probate attorney to help you with this. Your concerns are valid and should be investigated immediately. Your sister may sing a different tune when she is contacted by your attorney. There may be an innocent explanation of all of this; but, to preserve your rights you need to move immediately.

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. How do yesterdays estate tax law changes effect someone with less than 5 million $...no longer need estate planning???

    Answered almost 2 years ago.

    1. James Oberholtzer
    2. Steven J. Fromm
    3. Joseph Franklin Pippen Jr.
    4. Christopher L Cauble
    4 lawyer answers

    In addition to the non-tax reasons to have an estate plan, in Oregon we still only have a $1 Million personal exemption. So, your estate could be taxable in Oregon. Some other tax considerations are: 1. Assets tend to increase in value over time. Your estate may increase enough to pay a US tax someday. 2. Congress keeps changing this law. The minimum amount for a tax and the tax rates may change again. If this is a low tax time, it may be a good time to do some planning and transfers.

    11 lawyers agreed with this answer

  3. Transferring property to a Living Trust with a Quit Claim Deed

    Answered about 2 years ago.

    1. James Oberholtzer
    2. Robert J Harris
    3. Joanne Reisman
    4. Charles Andrew Hillestad
    4 lawyer answers

    I agree with the other attorney commentor. The title company cares about the warranties of title that are part of the Deed. This becomes important when the Trust or the beneficiary eventually wants to sell the property. The buyer will want title insurance from the Trust (or beneficiary) as seller. If there was a defect in the title in the past, and the new buyer makes a claim against the current title policy, the current title company will want to make a claim against any title insurance...

    10 lawyers agreed with this answer

  4. Can a good CPA handle this or tax attorney?

    Answered about 1 year ago.

    1. James Oberholtzer
    2. Stephen K. Lehnardt
    3. Ronald J Cappuccio
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Unless the amounts involved are trivial, you should have either a tax attorney or a CPA prepare your response to the audit. If you can get a delay for at least 14 days, I would do so and get some help so you can do it right and stay out of trouble.

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  5. I have a huge garnishment from Oregon department of revenue

    Answered 12 months ago.

    1. James Oberholtzer
    2. Samuel D Brotman
    3. Ronald S. Cook
    3 lawyer answers

    Yes, you can fix this problem. First step is to file the missing income tax returns. That sets the expectations of everyone involved. You want these done right the first time. The tax authorities hate it when you file sloppy returns (and waste their time) and then change them. Once the returns are filed, then you can pursue avenues for relief from the payment of taxes, interest and penalties.

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  6. Why would someone who has their residential property in a living trust, also put the same property in another person's trust?

    Answered over 1 year ago.

    1. James Oberholtzer
    2. Michael Leo Potter
    3. Charles Adam Shultz
    3 lawyer answers

    This is commonly done. It has some conceptual difficulties since the trusts own the property as co-tenants. It does not make much sense to have joint tenants or tenants with a right of survivorship since the trusts can have very long lives. The trusts do not usually terminate when the beneficiary dies. It is done with tenants in common so that the ownership is split between the two estates. Each trust owns a 50% undivided interest in the property. When a beneficiary dies, the ownership of...

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  7. The lawyer is still bugging me about my boyfriend's share of my house!! He asks if his estate will be probated!!

    Answered 3 months ago.

    1. James Oberholtzer
    2. Joanne Reisman
    3. Shelley Ann Elder
    3 lawyer answers

    Medicaid has a right to be reimbursed for the medical expenses it paid for your boyfriend. This right usually extends to all property that he owned on the date of his death. this is a specialized area of law. I suggest you check with legal aid and the law school clinics for low cost legal advice. Also, websites like Nolo.com You may also want to repost on AVVO in the elderlaw area since it usually comes up for the elderly.

    8 lawyers agreed with this answer

  8. My mother and father recently created a Revocable Living Trust through their estate attorney.

    Answered 6 months ago.

    1. James Oberholtzer
    2. David L. Carrier
    3. Paula Brown Sinclair
    3 lawyer answers

    It depends entirely upon the wording of the trust; trusts are very flexible and can be made to fit individual situations. However, it would be unusual for your brother's debts to affect your share of the trust estate. In any event, you can find out by reading the trust. I would make sure that the attorneys preparing the trust are aware of your brother's obligations.

    8 lawyers agreed with this answer

  9. Am I responsible for someones debts if I claim them on my tax returns? We live in Oregon

    Answered over 1 year ago.

    1. James Oberholtzer
    2. Jay Bodzin
    3. Christopher Michael Larson
    3 lawyer answers

    No, you are not liable for her debts if you take her as a dependent on your income taxes. if you are not married, then you do not have a duty to pay her debts unless you undertook to pay them in some way such as signed a guarantee or you benefited from the money that was borrowed.

    8 lawyers agreed with this answer

  10. Does following lease contract language mean tenant is REQUIRED to purchase renter personal property AND liability insurance?

    Answered almost 2 years ago.

    1. James Oberholtzer
    2. Joanne Reisman
    3. Stephen Joseph Cipolla
    4. David J. McCormick
    5. L. Maxwell Taylor
    6. ···
    6 lawyer answers

    It is not possible say definitely without reading the rest of the Lease and knowing the circumstances; however, this language is usually used to shift the responsibility for loss to the tenant. The tenant is not required by this language in the Lease to get the insurance. Usually, it is a very good idea unless the tenant is so wealthy that he can keep the premium and invest it at a better return than the insurance company. In effect, the tenant would be self insuring. Getting the...

    8 lawyers agreed with this answer

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