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Joanne Reisman

Joanne Reisman’s Answers

2,168 total


  • Do I have to give my ex an insurance card

    My ex and I have a parenting plan that requires both of us to carry insurance on our son. My ex takes him to urgent care for everything. She is now asking me for my insurance card for my son, which has a fairly high deductible. Since she is requir...

    Joanne’s Answer

    My guess is that you have this dual coverage because you both agreed to this. My experience is that the court will only order the most cost effect insurance for the joint children and the parents will share the costs. So it doesn't make sense for her to use your insurance if your deductible is higher. But on the other hand, you should be helping her with the costs and deductibles of her insurance if her's is more cost effective. So sit down and try to agree which plan has the best coverage and agree to use that plan as the primary plan and share the costs proportionate to your relative incomes. You might both want to keep the other insurance in force as back up if the premiums aren't too expensive. You may need to go back to court and amend this to reflect your new agreement or if you have a dispute.

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  • Debt consolidation scam ruined my credit

    In 2015 my family moved to Idaho for my husbands job and had maxed out our credit cards. Although they were maxed out we still continued to pay everything on time. A debt consolidation contacted us and we decided to combined our debt the company t...

    Joanne’s Answer

    A consultation with a bankruptcy Attorney would be a good place to start. You can also discuss this scam operation and see if they have any ideas. Since you were contacted by the credit consolidation company, the state you were living in at the time also has jurisdiction. Try calling the consumer fraud protect office of both the State of Idaho and the State of Oregon. They might be able to tell you more about this company and whether they are pursing any action against the company. Also google the company on the internet. If this is widespread fraud there are bound to be websites discussing this.

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  • What do I do to avoid probate? Do I have to file with the court? This is in Or.

    Mother passed and I have the trust and will from 2003. I am her only child and the trustee. How do I take care of this?

    Joanne’s Answer

    Probate is not a required process. You only need to concern yourself with probate if there is some type of property you can't access because it is still in your mother's name and there isn't another way to access it. Can you think of any specific property that you think you might have trouble transferring to your name or accessing? You also need to check with Oregon's Estate Recovery and ascertain if they are going to claim a lien on any of your mother's property. You need to file your mother's final tax return and make sure her taxes are paid up. Any licensed tax professional can help you with that and no probate is required to do that. The DMV has an affidavit process that will allow you to transfer any car titles.

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  • How do I determine if I should take a previous Trustee to court for possible Breach of Fiduciary Duties?

    At the request of my sibling (the beneficiary of our father's trust), I became the Successor Trustee effective May 31, 2016. I reside in New York, The Trust in Oregon and my brother lives in Washington. Original value of the spendthrift trus...

    Joanne’s Answer

    I would agree that the amount of trustee fees and lawyer fees are disproportionate to the activity you are reporting. However I would urge you to set up a consultation with an Oregon lawyer before you charge ahead. We don't know what work the trustee did to earn a fee nor what work the lawyer did. It sounds like at a minimum you should ask for itemized statements of the trust lawyers billings for the fees that were charged and the same from the investment advisor and bring those to the consultation you arrange. I am also wondering why you believe the trust is in Oregon? Perhaps the trust document specifies that it was set up in Oregon and Oregon Law applies. A trust doesn't necessarily reside in one place.

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  • Dealership didn't pay off trade in auctioned it off

    My husband and I traded in a Toyota Camry back in 2014 for our current vehicle. The dealership failed to take us off the Camry before auctioning the vehicle off. The Camry was purchased through auction but someone unknown and got in an accident wi...

    Joanne’s Answer

    This sounds like an insurance company trying to collect money they paid out for an insured claim. They now want to get reimbursed from the responsible party. The obviously looked at the DMV registration for the car and sent you a notice as a result. All you need to do is get your documents of sale and send them a copy with a letter explaining that the car was sold, and the buyer didn't take your name off the title. The dealer might be willing to help you straighten this out. An attorney can help you do this and might lend credibility to your story by sending an official letter to the party along with the documents proving that the car was sold. Don't ignore this because it will eventually lead to a law suit. Also be aware that you have two possible lawsuits in the making - first the insurance company comes looking to get reimbursed for what they paid, but down the road the person in the other car may have hired an attorney who will come looking for personal injury damages for that person as well. It is really best to consult with an attorney who can help you sort all this out, probably for the cost of one office visit. Once this is straightened out your credit should not be effected.

    As for whether the dealer did something wrong but I would have to research that to tell you. That is more the along the lines of a consumer law question. There may well be some regulation that require the dealer to submit a change of title without a certain time after a car is sold. The reason that some shady people don't submit the change of title is because they don't want their car sales tracked. Most likely the buyer that bought at the auction buys and sells cars under the table and by getting a car with the title in your name, they can just hand it to the next buyer, and their participation in the sale is not tracked. Then they don't have to register as a commercial car dealer and be subject to the fees, rules, and business taxes that come with being a dealer.

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  • My boyfriend's exgirlfriend says she's pregnant....if he's the fauther how can we get custody rights

    Shes a crazy who's going to use this child to ruin this man's life.... all she sees is a tool to get her way. she's threatening to kill herself and the baby, and to move to Alaska....

    Joanne’s Answer

    If this is your boyfriend's baby, then he has recently been intimate with this women. As they say, it takes two to tango. So your boyfriend is part to blame for this situation. Plus if she is pregnant, her hormones are surging and this could make her say things she really doesn't mean. It's pretty tough dealing with all those emotions and not being in a stable relationship. If you are concerned about risks to the unborn baby, you might want to call the child abuse hotline for Oregon. I don't know what they do if the baby isn't born yet, but they may have some resources to get the mother help if she is emotionally unstable. That should be your focus right now, not getting custody.

    If the baby isn't his baby, then a DNA test after the baby is born will prove this so you don't need to worry if she is making this up. As for what will happen with the baby in terms of custody, if your boyfriend is the father, the baby has to be born first. There really isn't anything your boyfriend can do yet in terms of getting custody of an unborn baby. If and when the baby is born, and it appears that your boyfriend is the father, the courts will have to decide who gets custody. The court generally won't yank a newborn baby away from the mother unless there is a serious risk to the baby's health. The statements that this women is making are disturbing but it's hard to know if she is just talking because she is upset or if she is really serious about her threats. It would be a good idea for your boyfriend to consult with an attorney now if he things this could be his child and discuss this women's behavior so that the attorney can tell him if the behavior rises to the degree that the courts would consider giving him custody, Then a strategy can be developed to move toward that goal.

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  • Is it possible to file for divorce in the State I live now when wife filed in another state, with no results in 2 years?

    I'm in the process of a divorce in Montana, filed by my wife. However, it is now 2 years and there still is no divorce. I've been trying to live on Disability, but I've already had to give up some medications and food. And, there are 2 medical ...

    Joanne’s Answer

    I'm very sorry but since there is no way to know what is going on in Montana it's hard to say what is holding up the divorce. If you have lived in Oregon more than 6 months, you can file for divorce here, but you will have to serve your wife, and what is likely to happen is she will tell the court that there is already a divorce proceeding in Montana. I am not sure how that will end up turning out. Also, where a person files a divorce can be important depending on what the issue is that the court is being asked to decide. An Oregon court can only decide whether or not to declare you divorced, and matters concerning property that is here in Oregon when you file. An Oregon Court can not make any rulings on real property located in another State nor can the Oregon court order someone located in another State to do things like pay you money or transfer property to you, unless that person in the other State has had some connection with Oregon that brings them under Oregon's jurisdiction. I suspect that most of what you are trying to accomplish is in the jurisdiction of the Montana Court, but you really have to check with an attorney to figure that out.

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  • Is there a way to delay foreclosure by appealing a summary judgement? Please respond immediately.

    My house is in foreclosure. The lender/plaintiff filed for a summary judgement which was heard last Monday June 6th, 2016 and granted. I am looking at all possible ways to avoid foreclosure. One of them being selling the property since it has sign...

    Joanne’s Answer

    A bankruptcy Attorney can help you find a Bankruptcy Petition. This will immediately stop any legal proceedings affecting your property. You will have to figure out if filing bankruptcy is a good idea however, as this requires analyzing your entire financial situation to make sure that you won't have some other problem because you file bankruptcy. But generally this is the best way to stop a foreclosure immediately and get a chance to sell the property and get your equity our of the property. Just be aware that while you will get the amount that Oregon Exempts from a home stead, $40,000 to $50,000, the balance of the proceeds will have to be used to pay off your debts before you get the net equity.

    As for the alternative of appealing a summary judgment, without knowing what the issue is, there is no way to tell you if this would be a good strategy. If the issue is whether or not the lender can foreclose because you are behind in your payments, then if that's true, I don't see what you have to appeal. Also I don't know that filing an appeal will stop a foreclosure. I would imagine that you will have to get a court to order that the foreclosure is stopped pending the appeal somehow. Probably the cost of attorney fees to do all this will be significant. Check out the bankruptcy option first.

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  • May I write a letter as a petition to a judge in an out of state custody?

    My teen aged daughter; 17 on Sept. 1, would like to come live with me. However, neither parties live in the state that the divorce was in. I reside in Oregon now and my ex moved to Illinois without telling me or the courts until months after the f...

    Joanne’s Answer

    The controlling law here is the UCCJEA - Uniform Child Custody and Jurisdiction Enforcement Act. All the US States have agreed to abide by these rules to determine which state has jurisdiction. According to these rules, the last State where a custody determination was made will have jurisdiction until jurisdiction is transferred by judicial decision to another State. So this will require something to be filed in the State where the divorce took place. It may be best to filing something asking for both the changes you want and for the jurisdiction to be transferred to one of the two new states where the parents reside. But there may be other strategies that are better. Also, since the custodial parent now lives in Illinois, the former court may prefer to transfer jurisdiction to that State. I don't see how you are going to figure this out with out going to talk to an attorney, and it should be an attorney in the State where the divorce took place since at a minimum you will have to deal with that court no matter where the jurisdiction ends up. But as for you traveling for a hearing, it is possible to do hearings by phone if a court will allow it, but I don't think you can do well by phone when you are asking for a major change like changing custody. This is going to be complex undertaking.

    Since your daughter is 17 years old and will be an adult capable of deciding where she wants to live and with who she wants to live in one year, it may be best to wait this one out and make plans for having your daughter come live with you when she turns 18. I know that is not what you want to happen, but I think it would be better to put your financial resources towards helping her with college instead of paying for attorneys to argue over what will be a few months of her life.

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  • Can I have my ex husbands truck with his possessions towed if he does not collect in 30 days? and not get into legal trouble

    I was just granted a no contest divorce. one of the things I asked for was he had 30 days to remove his vehicle and possessions that are in the back of his truck which is sitting in my driveway.. Judge signed. If he does not remove his possessi...

    Joanne’s Answer

    I think what you mean is that you were divorced by default because your husband didn't respond and contest the divorce. This is very different than someone that actually joined with you in the divorce because they wanted the same results. So odds are that your husband has very little idea what is going on. The fact that you are the caretaker of his property makes you what is legally called a "baillee". You have become the legal custodian of his property. It would have been so much better if you had written into your petition and judgment something like your husband has 30 days to pick up specific property and after 30 days you are granted ownership if he doesn't pick up the property. But what you have instead created is a bailee relationship where you are the custodian for his property. I think the only safe thing to do is take is property to where he currently lives or works and turn it over to him. If you are concerned about him being violent, get some people to go with you. The other thing you could do, is go back to court and ask the judge to issue a supplemental judgment awarding you the property if he doesn't pick the property up after a certain time. It probably wasn't a good idea to have a plan that required him to come to your house to pick up his property if there was an issue with violence.

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