Allen G Drescher's Answers

I have applied for medicaid and my parent have property in india so they denied medicaid to them so what should i do?

You need to sell the property and use the money to purchase an immediate fixed annuity, which is considered income and not property. The payments from the immediate fixed annuity must be amortized over the life of your parent and payable to your parent. If the income exceeds the maximum amount permitted for Medicaid eligibility, then the income must be put in an "income cap trust." You should see an elder lawyer to do this.

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My bedroom in my apartment has serious mold issues. I made the landlord aware of the problem.

If 97202 is an Oregon zip code, then the Oregon Uniform Residential Landlord and Tenant Act (ORS Chapter 90) provides a remedy for you. If you are in a county that has a legal aid office, I suggest that you contact the nearest legal aid office, where you can get a lawyer to help you for free. If there is no legal aid office in your county, then you should call the Oregon State Bar Lawyer Referral Service and they will put you in touch with a lawyer who has agreed to provide advice and...

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Can terminally ill husband with secret bank account arrange it to where his parents can go take the money once he dies?

He could designate his parents as the "pay on death" beneficiary,which would require that he sign a pay on death beneficiary form at the bank. Upon his death, they would then get the money. Another possibility is that he could add them as owners of the account with him with right of survivorship, with the same result. He could also write them a check. You should see a lawyer to see what you can do.

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Can I be sued for deficiency on heloc if my house goes into foreclosure ? Both mortgage and heloc are wells fargo

The law that you are referring to prohibits a lender from seeking to collect on a junior lien when first lien is foreclosed on an owner occupied primary residence that is occupied by the owner at the time the foreclosure is commenced but only if the junior lien is for a loan made by the same lender as the first lien AND if the junior lien results from a loan that was made at the same time as the loan secured by the first lien. Unless the HELOC was made at the same time as the first mortgage,...

If I become part owner of a property with half interest in trust, can I represent the owners in court?

If I understand your question correctly, the property is currently owned as follows: 50% Husband and Wife 50% Trust in which the step-sister of Husband is trustee. On termination of the trust, the step-sister of Husband will become the owner of the 50% owned by the trust Your question is, "If I become owner of a property with half interest in trust, can I represent the owners in court?" If the 50% interest of Husband or Wife is held by...

In Oregon, does a junior lienholder need to pursue foreclosure before filing a breach of contract suit?

The junior lienholder does not need to foreclose the junior lien at all. The lienholder can file an action to collect the note secured by the junior lien.

Can i be sued for entering a roommates room to feed her cat?

Yes, she could sue you under ORS 90.322(8), but look at ORS 90.322(1)(b), which allows a landlord to enter the tenant's premises in case of an "emergency." I don't know if this would qualify as an emergency, but you could argue that it does. It's good that you texted her to tell her that you entered the room, as ORS 90.322(1)(b) provides that, "If a landlord makes an emergency entry in the tenant's absence, the landlord shall give the tenant actual notice within 24 hours after the entryi,...

How do you evict a "roommate" for non payment of rent?

You need to follow the same procedures for the eviction of someone renting a room as for someone renting an apartment or house. You need to serve the 72 hour notice of nonpayment of rent on the tenant in person or by first class mail (not certified) (See ORS 90.155(1). If the notice is served by mail, you need to add three days to the 72 hour notice (See ORS 90.155(2). You then have to attach a copy of the notice that you served on her to the eviction complaint that the court clerk will...

Help me get resolution with Manager/Management Company of my apartment building regarding my neighbors who smoke on the premises

I suggest that you contact Multnomah County Legal Aid Service (where I worked 1972-73), and they will give you an appointment to speak with a lawyer, at no cost, who can help you if you qualify for free legal aid. If you don't qualify (because your income is too much) then you should contact the Oregon State Bar Lawyer Referral Service and ask them to give you contact information for a lawyer in Portland who has agreed to accept referrals in the area of landlord-tenant law and to charge a...

Can a landlord enter rental with teenage daughter, a minor, home alone?

You have the right to prevent your landlord from entering your apartment for the purpose of making repairs when your daughter is home alone except in the event of an emergency repair. If he refuses to comply with your request, I suggest that you contact Multnomah County Legal Aid Service (where I worked in 1972-73) and they will help you.