Gary was found to be complaining about Hal indicating distrust. But he put him as a beneficiary on a will. After the will was signed Gary still indicated he did not trust Hal and had doubts about him. If Gary has the mind set, would distrust an...
The composition of this question indicates to me that this is a person other than the testator posting this to get an answer to show to"Gary"so they can say, "see Gary, if you don't trust Hall these lawyers say you can remove Hall as beneficiary. Whoever you are pleas understand that you can't manipulate what someone wants to put into their last will and testament. Trust is not really relevant. Trust for what? A will gives a beneficiary an interest in property when the testator dies. At that point they are dead. What does trusting the beneficiary have to do with anything at that point? Stop micromanaging Gary. If Gary wants to leave his property or money to someone that's his business. Right or wrong it's his choice. Now if Hal is promising Gary that he will do something with the inheritances and you doubt Hal will do what he is promising, then I might agree that Gary needs to consider an estate plan that specifies what is supposed to happen and doesn't leave it up to Hal. I would advise a more solid estate plan regardless of whether Hal is trustworthy or not.See question
Can the Oregon division of child support ignore the fact that a Judge signed (General Judgement Of Non-Paternity) such document and then order the father to pay child support even after was established through DNA Genetic tests excluded the man?...
This is a rather complex area of the law. There can be cases where a father signed the birth documents essentially admitting that he was the father and later discovers and proves the he isn't the father. One of the considerations in alleviating the "father" from his obligation to pay past child support, is whether his assumption of the role of fatherhood prevented the authorities from identifying the real father because they didn't have any reason to look for the real father if they were being told that this man was the father. So there is a period of time that is lost in terms of getting child support from the real father that can't be fixed. It may be that the man that is not disproved as being the father will still have to pay the child support that was attributed to him up to the date that the Judgement absolving him from fatherhood was signed. He may be relieved from post judgment future child support obligations. It's hard to say without talking to the father, getting all the facts, and reviewing the law. There could also be a problem in that the new Judgment showing non-paternity hasn't been brought the to the attention of the division of child support and the existing child support order may not have been modified. So many possible things going on here. This man will have to see an attorney to figure out what his options are.See question
Reunited now but concerned about my legal rights if something were to happen to him. He has an ex-wife and 3 kids who might try to get the equity. He has no will.
I agree with my colleagues but maybe I can add to their explanations. If your husband does not have any type of will that makes it clear that his property goes to you, there are Laws in Oregon that will kick in when he dies called Intestacy Laws. (Basically, dying intestate means dying without a will.) Since he has children from a prior relationship, you will have to share your husbands property with those step children, unless steps are taken to prevent the Oregon Laws from dictating what will happen. If your husband executes a will that says that all his property goes to you when he dies, this will fix the problem somewhat and he should have a will that leaves everything to you to be safe. In addition, it will make both of your lives a lot easier if you have a deed draw up and recorded that puts both of you on the title of the property jointly with a right of survivorship. (Stating you both own the property as tenants in the entirety will do this.) Then, when one of you dies the law presumes that the surviving spouse is the 100% owner of the property. You don't have to hire an attorney or open a probate to clear the title. It just happens because of the way the deed was worded. So both recording a deed with this language AND making out wills that leaves everything to the other spouse, will be the best way to protect you, and him, and save on legal fees. You should also discuss any other property that you or he has with the attorney that helps you set this up so that steps can be taken as may be needed to protect other property as well. A revocable living trust is also an option to consider, but is not necessary to solve the immediate problem of making sure the property passes to you on his death. There are however some advantages to having a revocable living trust that an attorney can explain to you.See question
the gardener needed money so I loaned him $1000. He has not paid one cent of it back. He won't answer my phone calls nor respond to my texts. Can I recover this money? As far as I know, he owns no property other than his old truck. He does ha...
Your best option is to sue him in small claims court. It will require you to invest some money to do this but not a lot. You will have to have him personally served, which involves paying a process sever, probably the sheriff, to serve the papers on him. They have to be able to find him but that shouldn't be impossible if he is still around doing jobs and if you can find out the address associated with his truck registration. Then you get a judgment and you may or may not be able to collect it. It will however be a negative mark on his credit for 10 years, and possibly 20 years if you remember to renew it. It will also create a permanent court record of him being sued. He still may never pay you or he could file bankruptcy and discharge the judgment, but at least your tried. His sons are irrelevant - they have nothing to do with the loan transaction. (It should have been a red flag to you that he was asking you for money if he had family members with good jobs that he could have asked instead. The message there was his own sons weren't going to loan him the money.See question
I am wondering some things that are going on in my case. My Ex has custody of my 2 boys. ages 11 and 9. My ex has taken me to court right around 7 times in the last 8 years to take more from our children and take more from me. They live in Salem a...
You need to hire another lawyer. They should be able to figure out what you need to do and if there is something they need from your prior lawyer they will get it from your prior lawyer. If you no longer have a business relationship with your prior lawyer, there really isn't any reason to contact them, except if you need something from the old case file. But you can get copies of the most important documents directly from the court, so usually you don't need to call your prior lawyer for that.See question
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...
I am sorry you are having a hard time. That is never good in an estate planning situation because you may have to rely on this attorney to work with your trustee or you family members later on, and if there isn't a good relationship now, the future doesn't like bright.
That said, sometimes the problem is just poor communication. I don't know how much money you have tied up in this. I suppose you could try and call the attorney and see if a phone conversation will satisfy your concerns. But failing that, I would just find another attorney and get the job done and the deal with what you do or don't owe this attorney later. You next attorney can call this attorney and find out what was going on and tell you.
Something that raises a red flag for me is your description of the situation as "not complicated" and yet there are two trusts. For me, as an attorney who has been doing estate planning over the course of 32 years, a simply will is what I would consider not complicated. Anything involving a trust, while not extremely difficult, is at a more complicated level. The very complicated level would be where there needs to be planning to avoid or mitigate estate taxes.
I also don't understand why you would have two trusts? It sound like you are dealing with a revocable living trust, RVLT, which is only going to be one document, ie, one trust unless you are married, then there would need to be two sets of documents, one for each spouse. You are correct, that a pour-over will is standard with a RVLT. The advanced directive really has nothing to do with the RVLT or the Pour-over will. It is really a medical directive. That could have been done the day you were in the attorney's office. It is a common form that can be found on line and is included in every hospital admissions practice.
That said, I don't think that just getting the Advanced Directive Form and filling it out is wise. The form has nuances that the average lay person is not going to understand. Ie, it looks simple but it really isn't. I have a sample as to how to fill it out that I explain and give to all my clients. We take care of this on the first visit and they are then left to fill out the form. I only ask that they send me a copy of the form for my file when it is complete.
So back to your current dilemma, as I stated above, just get another attorney and get the job done. Don't try to force a round peg into a square hole. And if you went to this attorney because it was "cheap" maybe you now know that his really wasn't a good bargain. Spend what it takes to get a good job done and most importantly, pick an attorney you can work well with and who will be there for you and your family when you get sick or you pass away or you need them for whatever reason. I think that is a very important consideration in estate planning that some people fail to think about when they price shop.See question
Parents are divorced. Dad has custody. Father smashed a phone the Mother had previously given to the child despite it not being able to work. The child is 14 years old.
Well, smashing the phone is inappropriate and much more than taking the phone away. The phone was mother's property or child's property and dad is liable for replacing it. So that is one issue. The other issue is just whether or not the child should have a phone to use while the child is with the father. On the one hand, being able to call your child while they are visiting the other parent, is reasonable within limits. But if the child is constantly on the phone and that is interfering with how dad wants things to be during his parenting time, then dad does have the right to set down limits on phone usage. So you really have two different issues her. You are either going to have to walk to dad and work this out between yourselves or you are going to have to go back to court and let a Judge arbitrate this and set some rules as part of your parenting plan. But the bottom line is - dad can set rules on phone use while the child is visiting but the rules have to include a set time when the child and check in with the other parent as well and that means talking to the other parent without dad listening in.See question
We went to court on April 28th and just have the other party a 90day period to get my husband's kids working with counselor to prep them in to seeing me in the 90days. We got a 30day dismissal letter due to the party attorney never wrote up the pa...
If you don't have an attorney representing you then you are expected to do your on legal work and you can't rely on the attorney representing the other side to do the paper work, whether or not the Judge told them to do it. You just can't rely on them to do it - they don't represent you. So you have to either get an attorney to help you or you have to figure out what you need to do as an attorney would. Your best bet is to get your own attorney. You can try calling the Judge's clerk, NOT THE JUDGE, and tell the clerk that you were waiting for paperwork from the other attorney and it never came and now there is a dismissal notice you are worried about. That might trigger a call to the other attorney asking them if they are planning to submit something. But frankly, I think it is just risky not to get your own attorney and make sure this gets done right.See question
I proved I was taking the prescribed medicine. The doctor then put me back on medication. During that time my pain level stayed at a 10, and I was so stressed I could not make my other appointments. She also told me several times it was impossibl...
This is a ridiculous conversation to by having on the internet where your disclosures could be possibly seen and connect to you even though your identity isn't expressly stated. I have spotted people I know posting on Avvo and because I knew the details of their cases I KNEW WHO THEY WERE. Run, don't walk, run, to get an attorney to help you with your accident case. If you already have an attorney go and talk to them - don't undermine their ability to help you by putting details of your case out on the internet. You simply don't want to discus as part of your settlement your problems with your doctor over pain medication. Just what little you have written here doesn't make you look like a person a jury would want to give money to. Quit while you are ahead - get an attorney and discuss this privately.See question
I was married for 45 years. I am a widow getting married. I have a will in place, and have my retirement accounts, savings, a home in California, and other arrangements in my will, left to my family.
A will only provides for the disposition of your property if you die, and under Oregon law, your future spouse can make an election against your will if it doesn't provide for him. You will does absolutely nothing to protect you if you get divorced. You will truly regret getting married without a prenuptial agreement. They are relatively inexpensive and easy to do and they can really save you if your marriage plans don't work out. Furthermore, a prenuptial agreement can be amended or revoked later, if you don't like the way it is set up. Conversely, if you don't get a prenuptial agreement, you can't change your mind later. It's all or nothing in terms of getting a prenuptial agreement PRIOR to getting married. GET THE PRENUP!See question