Jeffrey Edward Burkhart's Answers

Divorce

There is no strict timeline - late evidence can be admitted. Maybe still worth it to object, though.

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Need advice about judgment,debts now that mother is deceased and father still alive.

Well, the quick answer is to sell the house and pay off the $9k lien with the proceeds. But, your question raises other questions. When you say you are "executor" does that mean that your Mom had a Will? If not, then Dad might stand to inherit an interest in the house. You should talk to an attorney who knows the probate process, to help you sort this out. Disclaimer: This answer does not create an attorney-client relationship. You must not rely on it for legal advice. The answer...

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In a will, if the person details who will receive what but names one person as a beneficiary, do they get everything?

The "loophole" that the attorney was probably talking about was the concept of life insurance proceeds passing to beneficiaries under the terms of the contract with the insurance company, not under the terms of the Will. The legal doctrine of ademption may also apply if the beneficiary designation was changed after the Will was executed. It would be wise for you to contact an attorney to look into this situation. It is impossible to predict the outcome without knowing more details....

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Will Quitclaim deed (trsfr rental home to LLC) legally put home under LLC, provide liability protection & not change loan respon

Check with the holder of the loan before you do this. You may have a "due on sale" clause that would be triggered by transferring ownership to an LLC.

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I was convicted of a dui in 2008 (benton -wa), I was just convicted of another dui-what will happen? do I lose the plea bargain?

The answers above were excellent. In addition, it is worth mentioning that when EHM is within the court's discretion, a previous failure for EHM to be effective (i.e., you drove drunk again anyway) will make it less likely for the judge to try that again.

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How do i find my father's last will and testament?

The answers above were excellent. In addition, it is worth mentioning that when EHM is within the court's discretion, a previous failure for EHM to be effective (i.e., you drove drunk again anyway) will make it less likely for the judge to try that again.

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Probate/should I hire a Lawyer?

Trying to handle a probate on your own without the assistance of a lawyer is a risky proposition in even the smoothest of cases. If you are concerned about fees, you might be able to negotiate with a lawyer who is willing to get paid only if the creditor claims are reduced, but I would count getting such an arrangement as unlikely. Disclaimer: This answer does not create an attorney-client relationship. You must not rely on it for legal advice. The answer might be different if more facts...

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My sister, who lives in Texas, is willing to give me guardianship of my niece. I live in Oregon. Do we file in Texas or Oregon?

I think you're looking at a two-step process: 1 - file a petition for guardianship in TX (because your niece resides there and TX courts have jurisdiction over her, and 2 - after you are guardian, ask the court for permission to move your niece to OR (I'm assuming that she is a minor and you want her to move to you) I would get a lawyer to do this court stuff for you, yes. Below is a link to info about the guardianship process in Washington.

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I have not seen my daughter since her 1st Birthday. Mom and I had a good mutual relationship for our daughters sake.

If there is a pending motion before the court, you need to appear in court for the court hearing, at a minimum. Or, you may hire a lawyer to do the appearance for you, and perhaps address the other issues. Disclaimer: This answer does not create an attorney-client relationship. You must not rely on it for legal advice. The answer might be different if more facts and details were known. Procedures and standards vary for each individual case.

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The cost of guardianship of mentally ill son

Forcing treatment against your son's will involves civil commitment laws. I have provided a link below with more info. Most likely, your first step will be contacting your county's mental health staff to request an evaluation.

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