Joanne Reisman’s Answers

Joanne Reisman

Portland Estate Planning Attorney.

Contributor Level 16
  1. My mother recently died. I am the beneficiary on her life insurance. Should I sign the HIPAA release authorization?

    Answered over 1 year ago.

    1. Joanne Reisman
    2. Jeffrey S Merrick
    3. James P. Frederick
    3 lawyer answers

    I don't think you can sign a HIPPA release unless you are appointed as personal representative either through your mother's will or by the court. (see page 11-12 of this article: http://www.hpi.georgetown.edu/privacy/stateguides/or/or.pdf). There can be a legitimate issue as to whether or not the benefits are payable depending on the health representations you mother made prior to taking out the policy. So if you mother put on the application for the life insurance that she didn't have...

    Selected as best answer

  2. Do you need a lawyer when unable to become the personal representative?

    Answered 5 months ago.

    1. Joanne Reisman
    2. Diane L Gruber
    3. Kevin J Tillson
    3 lawyer answers

    There isn't going to be any other way to sort this out then get an attorney involved and discuss the problem and what possible solutions there might be. Frankly if the sister and the cousin all know about the arrangement with the grandmother and your father concerning the property and they want to be fair about it, they can do a written agreement with your father to resolve how the estate should be divided up. It doesn't have to be done exactly like the intestacy laws would dictate. This is...

    7 lawyers agreed with this answer

  3. I am in the state of Oregon, my husband got drunk and asked me to leave, in our van I'm from I'd can I go Home? Or can I get

    Answered 10 months ago.

    1. Joanne Reisman
    2. Daniel Nelson Deasy
    3. Christian K. Lassen II
    4. Bruce Tarbox
    4 lawyer answers

    This is confusing - what does your post have to do with a car accident? Where is home? An adult women in today's modern worlds can come and go from any state in the US and doesn't require her husband's permission. Now if there was some type of criminal investigation or proceeding where you are being charged as a defendant or you are a material witness and you were told not to leave the State or Oregon, then your rights may have been restricted and you may have to stay here. I can't really...

    7 lawyers agreed with this answer

  4. Do I (personal representative) need to obtain a EIN before I open a bank account for my deceased mother's estate proceeds?

    Answered about 1 year ago.

    1. Joanne Reisman
    2. Diane L Gruber
    3. Thomas Edward Rossmeissl
    4. Celia R Reed
    4 lawyer answers

    Yes you will need an EIN. But you also need to work with a tax professional to make sure that you are doing things properly. You can normally get the EIN on line at the IRS website but if you have trouble your tax preparer can help you get it. It is very important to have a tax specialist advise you and help prepare any returns. Certain expenses of an estate are deductible against any income such as interest derived from the bank account. There are also different filing deadlines for a...

    7 lawyers agreed with this answer

  5. Help me with auto accident please!?

    Answered over 1 year ago.

    1. Joanne Reisman
    2. Michael Ryan Juarez
    3. Sean Michael Patrick
    4. Lisa Douglas
    5. Timothy Leo Bowden
    6. ···
    8 lawyer answers

    This is where you need to pay attention to an attorney licensed in Oregon! Oregon is a mandatory insurance state and if you drive someone else's car you are expected to be insured under your own policy if they don't have insurance on the vehicle you are driving that covers you. There are policies that will cover you do drive even if you don't own a car. In Oregon when you have an uninsured accident and the DMV learns about it, which they will if her insurance company gets involved, and...

    7 lawyers agreed with this answer

  6. Personal injury case Oregon rearended crash were I was not at fault but 2 others were

    Answered over 1 year ago.

    1. Joanne Reisman
    2. Kevin Coluccio
    3. Christian K. Lassen II
    3 lawyer answers

    First of all you should not have waited nearly a year to get a lawyer. By now the insurance company of the other driver has probably gotten your statement and poked their now in you medical records. i can't stress enough how important it is to get a lawyer immediately. That said your resitation of your injuries, ie subluxation = is chiropractic talk. I am not saying it isn't valid but what makes your case have value is things that you should be thankful you don't have, paralysis, surgery,...

    7 lawyers agreed with this answer

  7. I had a car accident at fault, and didn't have an insurance at that time. What should I do?

    Answered almost 2 years ago.

    1. Joanne Reisman
    2. Neil Richard Flit
    3. David J. McCormick
    3 lawyer answers

    Avvo is not a substitute for seeing an attorney. You need to call an attorney to figure out your rights. It may be that you didn't receive a timely notice of your policy being canceled so you may have coverage after all. That would be the first thing to discuss with an attorney. In the event that you don't have insurance, ie you got a proper cancellation notice, you probably need to find out how much the women wants for her damages. Ask her to get written estimates for her repairs and...

    7 lawyers agreed with this answer

  8. After a death how long does a revocable living trust stay in effect & how quickly does distribution of a assets have to be made?

    Answered almost 2 years ago.

    1. Joanne Reisman
    2. James Oberholtzer
    3. Douglas R Holbrook
    4. Steven J. Fromm
    4 lawyer answers

    You have to read the trust - it will tell you the answer to your questions. A revocable trust normally becomes irrevocable when the settler dies, ie the person that set up the trust. From that point on the trust terms govern how the trust continues after the death or whether the trust is to be dissolved and the assets distributed. There is usually a maximum limit of time that a trust can continue built in to the trust language which is the life expectancy of all the living beneficiaries...

    7 lawyers agreed with this answer

  9. Escape Oregon Inheritance Tax?

    Answered almost 2 years ago.

    1. Joanne Reisman
    2. Douglas R Holbrook
    3. Robert Lloyd Mauger Jr
    4. J Christopher Minor
    4 lawyer answers

    The tax issue depends on where your parents live, not you. It may also be affected by where an asset is deemed to be located. If your parents have this kind of money to leave to you they can well afford to hire an estate tax specialist and find a way to minimize the estate tax burden. There is really nothing you can do about it except to advise them to get advice. They may already have an estate tax plan in place and you just aren't aware of it. Typically spouses will leave property to...

    7 lawyers agreed with this answer

  10. When or should I hire a lawyer in an automobile accident settlement?

    Answered over 2 years ago.

    1. Joanne Reisman
    2. Paul C Galm
    3. Maury Devereau Beaulier
    4. Steven A Schwartz
    5. Raymond Scott Costantino
    6. ···
    8 lawyer answers

    You should get a lawyer immediately - the sooner the better. Why? Because while insurance is good in concept, a way to spread the risk amount all drivers so the few that are injured can get full compensation, there are other forces at work that often over shadow this principle. Insurance is a business and their goal is to make a profit. In order to do that they will try any and every tactic they legally can (hopefully they stay within the bounds of what is legal - but I have seen them push...

    7 lawyers agreed with this answer