I am 81 and my new years resolution is to get a will or LRT. I am an inventor currently living off SS but anticipating a lucrative deal soon. My only assets are my LLC company (no value now) tools and prototype vehicle. My heirs are three ad...
You should certainly consult with an attorney about a will and get that done at a minimum. As for a revocable living trust, that would depend on what assets you have, whether or not this would be a good value for you. If your funds are currently limited, then it may not be worth spending the money on the trust. Your children will inherit the shares in your corporation when you die. You should talk to your corporate lawyer about drafting some corporate documents control how the corporation will transfer at your death. Otherwise, if there is no value in your assets at present, a small estate's affidavit could be used to transfer what ever needs to be transferred at relatively little cost. If you hit the jack pot with your investment, then definitely spend the bucks to do a more elaborate estate plan. But if you somehow don't get around to doing your new estate plan after your ship comes in, at least know that there will be plenty of money to pay for whatever needs to be done.See question
Hello, I am in need of either guidance or an attorney that is willing to create a protection order from a current discovery request that my daughters father has sent. I have provided him with substantial information in regards to our current m...
You can respond to the request for production what your concerns are. I think that Mr. Bodzin is correct that they will be entitled to the information as it could be relevant to support rebuttal factors. However that doesn't mean that there may not be grounds for a judge to issue some type of protective order that keeps your ex from getting your husband's tax returns and using them for bathroom wall paper or something like that. So figure out exactly what your objections are going to be - the reasons you object. I am going to recommend that you make an appointment to consult with an attorney one time and review the case and your possible objections. That attorney could pick up the phone and call the father's attorney and work out some type of stipulated protective order for you that will eliminate your concerns. For the price of the same consultation you could get guidance on the all the issues that you are dealing with in this proceeding and learn what issues you can fight over and what your arguments should be and what issues you are likely to lose on so you don't waste time on those issues.See question
I filed an ex parte status quo on my ex and haven't got served and not sure how long I have to serve it
There should be an annex in the court house where the county sheriff's division for process serving is located. Go there and give them the paperwork that needs to be served and get it over with. Failure to promptly serve the paperwork may signal the judge that later hears that case that you are playing games and this won't bode well. Talk to a lawyer if you have questions related to your case that are making you hestitant to proceed.See question
I understand there is a $40,000 "homestead exemption" in Oregon. Does that mean there needs to be $40,000 in equity before a home can be sold to pay a judgement, OR does that mean the house needs to be worth at least $40,000, regardless of how muc...
A judgement will become a lien on the house if it is in the court in the county where the house is or transferred and transcribed in that county. At that point the creditor gets to decide if they want to see the house to satisfy the judgment or not. There is a minimum amount that judgment must be, $3,000, before an execution on a house will be ordered by the court.
The homestead exemption is how much money you, the property owner, will be allowed to take out of hte proceeds of the sale. So that would be after the costs of the seal are deducted, but before the creditor gets paid. If you are single, you will get the first $40k. If you and another household member are liabile on the same debt, you will get $50k (total to divide).
You can read about the homestead exemption here: https://www.oregonlaws.org/ors/18.395
Be aware that the money that you get is only exempt under the homestead exemption if it is used subsequently for housing. It can be used to rent or lease another habitation if it isn't enough to purchase a new home. But if you stick the money in a bank for more then a year, it may no longer have the homestead exempt status and then it could be garnished.
Also be aware that if the debt is child support, the court can order the home stead exemption waived and allow the child support agency to collect against the full equity.
So in answer to your question - a creditor could execute against a property once they have a judgment that exceeds $3,000 regardless of how much they will realize from the sale. As a practical matter, a creditor will have no interest in proceeding to execute unless they can profit from the executing on the judgment.
If you have a home that you want to save from a Judgment your best bet is to consult with a bankruptcy attorney about filing bankruptcy while the value of the house compared to the remaining mortgage is relatively low, so there is no equity above your homestead exemption. The only draw back is, if you file chapter 7, you will have to be current on your mortgage payments or the bankruptcy court will allowed the secure mortgage creditor to proceed. You can hang on to a house with delinquent mortage payments if you file chapt 13 and you can show a plan to make monthly payments that will both pay the current mortgage and catch up the arrearage during the life of the plan. Sometimes this is made easier because you are eliminating other unsecured debts that were draining your resources. But it requires discipline to stick to the plan for 3-5 years, otherwise you are just wasting your money.See question
I believe this judge is biased against fathers and would like to find out if this is true based on her record but I'm not sure where to begin.
As a general observations monthers get custody more often then fathers and it is not a judicial bias. It has to do with finding what is in the best interest of the children and all too often the mothers have been providing the majority of full time care for the children since their birth and this creates very strong pyshological bonds. This doesn't mean a father couldn't parent the children, it just means that the children have formed stronger attachments to their mothers.
If you believe a certain judge is not going to give you a fair trial, then there is a process where you file a motion and an affidavit immediately when the Judge is first assigned to your case and in most counties the presiding judge will grant your motion and assign another Judge. However, that is not guaranteed. So you could have to stay with a Judge that you filed an affidavit against. You don't put specific grounds in the affidavit, you just allege generally that you don't think you can get a fair and impartial trial or hearing with this judge. It would be best to hire an attorney to help you do this.
However this type of process has to be done before you proceed in front of the Judge. If you are now doing this after the fact you may not be able to change the outcome. You could talk to an attorney about whether there is anyway to either appeal the decision or to get a new hearing based on something additional that you can bring before the court.
I don't know of a way to search OJIN (Oregon Judicial Information Network) by the name of a judge. You can currently only search by litigant's name or attorney's name. At least that is the way it is on the new system that I use. There was an older system that you had to know programming codes to search on and I don't know if there is a back door way to search the current system using other search terms or codes. You could try going down to the courthouse and asking the clerks to help you.See question
Arrested on 12/22 for DUI. I submitted an online request for hearing today, January 1, which is 10 days from the date of the arreat. Monday is the next workday. Will I be barred from having a hearing because it is 11 days for the agency to RECEIVE...
This is not a litigation issue - it is a criminal defense issue. Repost under criminal defense. (PS if your request for a hearing is for the DMV license suspension proceeding, state that in your post.)See question
Hi, I have already set up a free consultation with a lawyer, but I had some questions about being served a credit card debt summons. The debt is for $9000, and I'm looking into my options like negotiating for a lump sum debt settlement. The accoun...
Writing off the debt should not be confused with forgiving it. It is just a book keeping entry meaning the original creditor has transferred of sold the debt to someone else and now the new owner of the debt, Zwicker or their client, has 100% right to sue to collect the debt. You just deal with them instead of the original creditor. They are not going to negotiate with you most likely. They don't have to. Go and see the attorney you have an appointment with before your 30 days expires. You will probably have to consider bankruptcy if you want to avoid the debt. If you are going to file bankruptcy you don't need to worry about filing an answer.See question
I was married for 10 years. My ex husband was the non custodial parent and had parenting time every other weekend, alternating holidays and school breaks, and 4 weeks in the summer. I was a stay at home mom and acted as the primary caregiver durin...
Oregon has a psychological parent law that will allow people in your position to establish visitation that can be enforced by the court. Read ORS 109.119 here to see if your relationship would qualify: https://www.oregonlaws.org/ors/109.119 If it has been more then six months since you were involved with the step children you may not qualify for a "Child-parent relationship" but it sounds like you could still show an "Ongoing personal relationship" although I don't know if a gap in seeing the children will effect that since the statute doesn't say. Contact an attorney to discuss filing something with the courts using this statute.See question
My parents won't let me talk to or see my son because cps has gotten involved and gave them guardianship cuz I was in jail but I still have my parental rights... I don't know if they are allowed to do this
This type of placement which CPS often calls a guardianship is different from the type of guardianships that one would do through the probate court. It is done through the juvenile courts. If you have a child that is being placed as a result of a juvenile court proceeding, as the biological parent you have the right to request a court appointed attorney. That attorney may be able to help you figure out the terms of this placement and may be able to help you open up some form of communication with your child.
It is possible that your parents did a more formal guardianship proceeding through the circuit court. If that is the case then you have to be sent a notice and given a right to object. For that matter, even if it is a juvenile court proceeding you have to be served notices of the legal proceedings. You won't be entitled to a court appointed attorney for a guardianship proceeding in Probate court. But you still get notices and you can file objections.See question
My husband's ex-wife has not worked this past year, and their three children have been living with her while he is active duty military. My husband pays child support each month, and that is her primary source of income and pays more than 50%, if ...
Who can claim the children for tax purposes is determined by IRS law and regs. This publication should give you the answer as to who is entitled to claim under IRS rules: https://www.irs.gov/pub/irs-pdf/p504.pdf Usually the custodial parent will be the person who the IRS rules allow to claim the child exemptions. Also the Child Support calculator for Oregon is supposed to be geared to take into account the net tax effects of the custodial parent claiming the children and that benefit is part of the their child support award.
As you correctly observed, sometime anomalies will make it more financially beneficial for the non-custodial parent to claim the exemptions. There is one way to resolve this in a win/win situation. You have both parents do their taxes with claiming the children. You compare the net result. If there is more net tax saving when father claims them. then you offer to pay mother what she would have saved, 100% by using the exemptions, in exchange for her signing a form to give the father the deduction for this one tax year. Father will profit from the net tax savings and mother still gets her tax savings equivalent. I suspect that you will have to offer a little more to mother as an incentive, so maybe offer her 1/2 of the increased tax saving that father gets. I know your view is that it should all go to the father but keep in mind that despite the support the father is paying, raising three children is VERY VERY expensive. Any money that goes to mom in the form of shared tax savings is just going to help support these children. Yeah she might get her hair cut or her nails done once, but at the end of the day, she isn't going to come out ahead at your expense. Also the military pay that your husband gets is augmented due the fact that he has children to support. So if there weren't children to support, his pay would be less. It isn't exactly your money that is going to them for child support.
Because the return for a person with dependent children involves various tax credits, there can still be a credit generated even if the person has not taxable income. Whether that credit results in money coming to the tax payer depends on the rules of the tax credit. Some tax credits will generate paychecks to the tax payer even though they didn't report income or pay taxes. So she really has to do her tax return to see if there is any benefit to her in doing so.See question