My wife's aunt has always been like her mother. She intended to have a will done but never did. Now, she is in the hospital and likely to pass. She has periods of clarity but because of her condition confusion. What can be done? Kirsten, her n...
Many attorneys will meet with a dying person in the hospital, figure out what their wishes are, leave and prepare a will and return to execute the will in the hospital or hospice as the case may be. It is not required that the testator be in perfect condition. They just have to know what they are doing and understand what property they own and who their heirs are at the moment they execute their will. We call this a lucid moment.
Now that being said, keep in mind that if she only has personal "stuff" that is more of sentimental value then financial value, it may not be worth spending the money on attorney fees to figure out who gets these items. Also keep in mind if she has investments or life insurance or a retirement account, it is quite possible she has already named beneficiaries and a will won't over-ride the nomination of beneficiaries that already exists.
Dying without a will means that her property will be distributed under Oregon's intestacy laws. For a person dying with no children and no spouse, first in line will be the parents. If the parents have already passed away then it will the the surviving siblings. If no siblings or parents have survived then it branches out to nieces and nephews and so on.See question
I have moved from central Florida to Central Oregon, which was approved by the court system of Florida. The children, myself, and my husband (not biological father) have lived here for three years. The last I heard from the biological father was ...
Definitely meet with a lawyer in the Redmond area that knows how to do Step parent adoptions. I have done step parent adoptions but not where the family moved from another jurisdiction. I will have to defer to Ms. Angeletti on that issue. It sounds like she has encountered that before. Often and absentee biological father will go along with this plan because it gets them out of paying future child support although theywill still owe and past due support.See question
My sister is mentally and physically not able to carry out the duties of executor. She has not done anything. We are in limbo. How can we have her removed. We have proof, she cant handle the task
Well the only time you would remove an executor is if they were formally appointed to act as PR after a probate was filed. So just being named in a will doesn't make her the executor. It is only a nomination. If no probate has been filed then anyone can file and move to nominate someone other than your sister. If you are in the first situation, you will need to hire an attorney who can help you Petition the court to remove your sister and appoint someone else. If it is the later situation, you will still want to hire an attorney to help you.See question
My Son was heading home from work around 2:30 pm when a semi truck coming the opposite way crossed the center line and hit him head on and my son was killed. They say that the semi hit black ice and lost control causing him to go into my sons la...
My deepest sympathies. Did this happen today? Oh goodness.
The semi truck would still be at fault because a driver has a responsibility to gauge the weather conditions and control their vehicle so if they slide out of their lane they are always at fault. There are also a lot of special considerations that apply specifically to truck accidents which could add to finding the driver at fault. A driver has to gauge the weight of his load and how that will effect stopping the forward momentum in an emergency. Also the driver has to have logs that show he has not driven past the maximum hours he is allowed. Because there was a death in this accident there will be a complete police investigation and report. Both your son and the truck driver will be tested for any drugs or alcohol in their system. Hopefully your son's tests won't show he was under the influence of anything.
Yes, it sounds like there is a strong possibility of a wrongful death case. Wrongful death cases are controlled by Oregon's wrongful death statutes. An experienced personal injury attorney with experience with wrongful death cases should be able to help you navigate this situation.See question
Me n my children suffer from PTSD, we are participants in the Dept of Justice, confidential mailing list. And my ex is the prep. Of why. My ex and his attorney constantly asks for my address, badgering me. knowing me and my kids are victims. He's ...
Unfortunately asking what are your rights is a bit too broad. Rights in what context? Could you please repost this and state specifically what you are concerned with?See question
I filled to pay child support now after chiseling not to responded the other party has decided to skip the child support office and take me to court asking for the back support
Not sure I follow your question - but if you are asking if you can be taken to court when you failed to pay child support that was ordered the answer is yes.See question
In our divorce decree we were ordered to pay on each other's debts. She never contacted me about this so I went bankrupt. She hasn't been paying on any of her debts and is now being sued by a creditor and is telling me she will sue me if I don't m...
The bankruptcy canceled your obligation to pay the creditors directly but you would have had to have listed your obligation to pay as ordered by the divorce court in your bankruptcy and your wife would have had to have been notified of your bankruptcy and given a chance to object. Also you can't get out of orders to pay marital debts in a chapter 7 filing, but you can in a chapter 13, so it will depend on whether your bankruptcy was a chapter 7 or a chapter 13.
Bankruptcy Code Section 523(a)(15), states that debts “ to a spouse, former spouse, or child of the debtor . . . incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court” are non-dischargeable in a Chapter 7 bankruptcy.
So you still owe the debt via the divorce despite having filed bankruptcy if you only filed a chapter 7.
You can't discharge debts that are support obligations, ie spousal support or child support, in either a chapter 7 or a chapter 13 bankruptcy. Sometimes a lawyer will write a divorce decree to say that all debts you have to pay are in the nature of support. But just writing these words doesn't make it so. The bankruptcy court will still have the power to revisit the divorce decree and independently determine if the debts you were ordered to pay are or aren't in the nature of support. Either way, you have to file a chapter 13 to get to that stage.See question
I would like to avoid having to go through probate on Oregon home I will be inheriting from my mother. I am Oregon resident as is my mother. Current value of property is roughly $350,000. No other assets will need to go through probate.
Every attorney sets their own prices and no attorney is allowed to directly solicite your business via a response here on Avvo so you will just have to call around. I can tell you a few things that might help. First of all your mother should have a Will that makes it clear that you are supposed to inherit the house. Second, nothing has to go through probate necessarily. If you inherit the house absent some other problem that warrants a probate, you just can take ownership and when the time comes to sell, you will need to work with an attorney and a title company to document the chain of time passing through inheiritance via recording various documents with the real estate recorder's office, typcially a copy of the will, a copy of the death certificate, and an affidavit you sign that covers certain points that the trust companies require to certify your claim to title.
Some people may be uncomfortable with this type of non-probate transfer. An other alternative is to use a special form of deed that transfers the property to you at your mother's death. There are pros and cons of this type of arrangement that you will want to discuss with an attorney. Another way is for your mom to executes a deed that adds you to the deed as a co-tenant with a right of survivorship. This could have some risk for you mother if you have creditors chasing after you.
Finally, you need to realize that if you mother at some points requires long term care, her house will probably need to be sold to pay for her care, or it may be come subject to a lien for care that is provided to her while she lives in the house. So there is no guarantee that you will end up with the house and it could be disastrous for her to gift you the house now, because it would disqualify her from getting Medicaid for long term care for several years after the transfer.
Your mom needs to consult with an attorney to figure out her best option and she needs independent advice that doesn't necessarily favor your desires, the advice has to be what is best for your mom.See question
My boyfriend has been in prison for about five years now and has 1.5 left. He has two children, only one is he on the birth certificate of. He was never married to the mother and has no custody. His family has the kids often though. The mother is...
I am not sure how he would go about this from inside jail, but he needs to file a Petition to determine custody and parenting time, assuming paternity is already established. He can do this when he gets out but whether or not he can do this in Oregon or he will need to file in Hawaii will depend on where the children have been living for the past six months when he goes to file. The move to Hawaii shouldn't completely deprive hm of his rights to have visitation but his personal issues that led him to be in jail might be a factor that causes the court to set limits. Do understand that with court ordered parenting time will also come an order that he has to pay child support.See question
My wife is an Oregon resident, and she has informed me over the phone that she filed for dissolution of marriage in Oregon Circuit Court, although I have not been served with any papers as of yet. I am a California resident, and for a variety of r...
Your wife can file in Oregon without Oregon having any jurisdiction over you but what the Oregon Court can do for your wife may be limited. The Oregon Court will have the power to determine your wife's status and change it from married to unmarried. The Oregon Court will have jurisdiction over any property that can be said to have minimum contacts with Oregon, ie, in rem jurisdiction. This would include cars registered in Oregon or currently present in Oregon, Bank account with Banks that do business in Oregon, real estate in Oregon, and personal property currently found in Oregon. What the Oregon Court cannot do is order you to pay any money to your wife if the court doesn't have personal jurisdiction over you, nor can the court award personal property or real property that is not within Oregon's in rem jurisdiction.
You wife still has to serve you with papers for the Oregon divorce to be valid and you are not conceding to being within the jurisdiction of Oregon by accepting service. If your wife is asking for the types of things that Oregon doesn't have jurisdiction to grant, you can make a limited appearance just to contest these things and it would be under rule 21 in a motion to strike for lack of jurisdiction. But be warned, because that won't stop the rest of the Oregon divorce, it will only create the necessity of your wife having to file a second simultaneous divorce in California to take care of the issues that the Oregon Court doesn't have jurisdiction to address, so you end up with two divorces in two States.
The easier way to do this is to negotiate with your wife a stipulated judgement via the Oregon Court that resolves the matters satisfactorily for both of you and be done with it. Yes that would submit you to the Oregon Court's jurisdiction but it won't matter if the result is what you had hoped for by going to the California Court.See question