Joanne Reisman’s Answers

Joanne Reisman

Portland Estate Planning Attorney.

Contributor Level 16
  1. If I get a deficiency judgement in a foreclosure suit or file bankruptcy, can they take my 401k?

    Answered over 2 years ago.

    1. Joanne Reisman
    2. Ted A Troutman
    3. Walter C Oney Jr
    4. Brian Coleman Kelly
    4 lawyer answers

    In Oregon, tax deferred retirement accounts like IRA's, SEPT IRA's and KEOGH's are exempt from creditor's both with and without you filing for bankruptcy so you don't need to worry about your retirement. Not sure why you think you will owe a deficiency judgment. If the creditors do a non-judicial foreclosure of your home normally you will not owe a deficiency on your first mortgage and usually not on a second mortgage if the second mortgage was part of the financing to buy or refinance your...

    9 lawyers agreed with this answer

  2. My husband fell at work and got a brain injury. What kind of lawyer does he need, worker's comp, TBI or personal injury?

    Answered over 1 year ago.

    1. Christian K. Lassen II
    2. Joanne Reisman
    3. Aaron N. Halstead
    4. Thomas J. Flanagan
    5. Carmine John Giardino
    6. ···
    7 lawyer answers

    Since it occurred while he was working - it may well involve a workers comp claim. I don't practice in WI so explore this with a local lawyer. But that seems likely. And yes, it could also involve and additional private claim against some other party - like the manufacturer of the lift gate. When a case is both worker's comp and PI against a third party, you can have two different lawyers but they will need to coordinate the two cases. There are lawyers that specialize in traumatic brain...

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  3. In Oregon, is it legal for my probate attorney to petition the court to become the estates personal representative?

    Answered about 1 year ago.

    1. Joanne Reisman
    2. Steven M Zelinger
    3. Celia R Reed
    3 lawyer answers

    Is this Multnomah County? The court will often require a bond unless there was a will that specifically waived the bond. The court is operating from the point of view of not knowing you or the situation and just trying to be cautious. It is not just other heirs that the court is trying to protect, but also creditors of the estate that have the right to be paid. So the fact that you are the only heir is not the only consideration. You don't have to put up with an attorney that you don't...

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  4. If we have stuff in collection and we want to pay the people directly. We know who they are, how much we owe.

    Answered 4 months ago.

    1. Jay Bodzin
    2. Joanne Reisman
    3. Matthew Scott Berkus
    3 lawyer answers

    Contact the person you originally owed the debt to and make sure that the collection agency that is contacting you has the legal right to collect the debt. Once you have established that the collection agency is legally assigned the debt to collect you can safely deal with and pay the collection agency. You just need to make sure that this isn't some type of fraudulent scam and the money you pay to the collection agency is truly going to pay off the debt you owe. Before you start...

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  5. Can a judge in Oregon state order marriage counseling before granting a divorce?

    Answered 2 months ago.

    1. Joanne Reisman
    2. Jay Bodzin
    3. Matthew Thomas Majeski
    4. Lawrence D Gorin
    4 lawyer answers

    Oregon is a no fault divorce state. Pretty much if someone wants a divorce they can have one. YOu are not going to get a Judge to order someone into counseling and frankly, if they were ordered to go to counseling it wouldn't help you. Counseling only works when someone goes voluntarily. You should consider going to counseling to help you evaluate the situation you are in and help you cope with a painful transition. That said, you might offer to go to counseling with your husband if...

    8 lawyers agreed with this answer

  6. Mother left her residence 50/50 to her 2 kids. 1 was to be able to live in the house as long as they wanted the other just had

    Answered over 1 year ago.

    1. Joanne Reisman
    2. Joseph Michael Pankowski Jr
    3. Charles Adam Shultz
    3 lawyer answers

    This is not an easy issue with an obvious answer. You will need to go see an attorney in a formal consultation with a copy of the will and discuss this. There is a remedy called a partition but it requires the person seeking the remedy to pay the attorney fees for their attorney upfront. Then attorney fees can come out of the proceeds of the sale either one or both shares, and that can really cut into the net profit. There is also normally an obligation of one joint tenant in a house to pay...

    8 lawyers agreed with this answer

  7. What if I feel my attorney is not gutsy enough to go for what think I deserve?

    Answered over 1 year ago.

    1. Todd A Taylor
    2. Joanne Reisman
    3. Sean P DuBois
    4. Joshua Pond
    5. Steven Mark Sweat
    6. ···
    8 lawyer answers

    Your facts are gripping. This is the type of facts that would make a jury cringe imagining what you went through. But the flip side is there has to be money to pay for your damages and insurance policies have limits. It may be that the semi-truck driver's insurance has issues or they are offering policy limits. Your own insurance should have UM/UIM but that only helps if you have coverage above the maximum that the other driver's insurance is willing to pay and most people don't buy...

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  8. Mother had no will and she left behind 6 kids and ex husband

    Answered over 1 year ago.

    1. Joanne Reisman
    2. Jay Bodzin
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    When a person dies with no will there are laws that dictate how the property will be distributed (as if there were a will). If I understand correctly, she was not married at the time and had 6 surviving children. That would mean that the 6 surviving children take equally. As for any property that was distributed in the divorce but hasn't been completely transferred or liquidated, her estate steps in to her place and may exercise her rights the same as she could have. So if she owned...

    8 lawyers agreed with this answer

  9. How can I keep my boyfriend from being able to take my infant son?

    Answered over 1 year ago.

    1. Joanne Reisman
    2. Jay Bodzin
    3. Jonathan M Berman
    3 lawyer answers

    Get a family abuse restraining order the next day that the courts are open which will be January 3. Stay where he can't find you until then. Holidays and alcohol fuel domestic violence. A family abuse restraining order will give you temporary custody and keep him away at least to the extent you can call the police if he shows up - you still have to be careful because it doesn't guarantee no violence. You can read a summary of the law at this link to see if you qualify (I think you do) and...

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  10. How do i handle car accident claim myself?

    Answered almost 2 years ago.

    1. Joanne Reisman
    2. Michael Aaron Shurtleff
    3. Jay Bodzin
    4. Jeffrey Mark Adams
    5. Andrew Daniel Myers
    5 lawyer answers

    Insurance companies routinely offer very low inadequate offers, especially when you are not represented. They even do it when you have an attorney. If all you want is a small amount of money then you really don't need your cousin. In fact I am surprised that the insurance agent doesn't already have you on the phone, acting all nice and sympathetic about your accident, making you believe they are so sorry and going to make things right. They will immediately offer to pay for your car -...

    8 lawyers agreed with this answer