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Joanne Reisman

Joanne Reisman’s Answers

2,172 total


  • I am looking for an estate litigation attorney

    I have an attorney he is the one who wrote my Dads will and suggests I may need to find another. In case there is a law suite against me since he can attest to Dads condition of awareness when he wrote the will. One of my sisters is bringing cl...

    Joanne’s Answer

    I am guessing this is a duplicate post that relates to this earlier post: https://www.avvo.com/legal-answers/i-have-a-situation-my-fathers-estate-and-will-that-2690907.html?utm_source=notification&utm_medium=email&utm_content=answer_jd&utm_campaign=question_notify_immediate_pro&c3ch=Email&c3nid=question_notify_immediate_pro

    Also this isn't a question.

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  • If my adult daughter owns the car and I put the insurance on my policy can I be sued as deep pockets if she has an accident?

    It's her car 100% but I want to help her financially by paying the insurance. I put it as a third car on my policy, with her as the registered owner. She's in her 30s and has a very good driving record. Putting it on my policy also adds it into my...

    Joanne’s Answer

    Insurance is a contract relationship not a liability releationship. Simply creating contractual links between your daughter and your insurance company doesn't create personal liability. There may however be other issues you need to consider. Consider if your insurance allows you to add your daughter if she is not living in your household. Consider how her having a claim will effect your rating and the cost of your insurance going forward, although taking her off your policy may correct this. You need to sit down with your insurance agent and have a long talk about this. Get whatever the agent tells you in writing to confirm that your coverage does what your agent tells you it does.

    Now let's discuss how you might be liable under Oregon Law. Generally speaking you are liable of you are connected to the act that causes the accident. So you driving the car and something happens would be one way. Another way is if you contribute to someone driving that shouldn't be driving - like giving your car keys to someone you know is intoxicated (this is called negligent entrustment). But there is one other way you can be liable under Oregon Law - this is called the Family Purpose Doctrine. This is when you own a car and someone in your household is driving the car, and they are driving for a purpose that benefits the household (like running errands for the household). This is a common law doctrine that would make you, the car owner, liable, as the head of the household, even though you weren't in the car when the accident happened. Generally your insurance will cover this situation as long as you add to your policy all cars that you own and all people that reside in your household. Failure to list a car or a person could void coverage with respect to that car of person.

    So as a practical matter you need to list your daughter on you policy if she resides in your household, even if she is only living there part of the year or temporarily. This would be in addition to her having her own policy on her car. Talk to your agent about this.

    As for her insurance versus her being on your policy, again talk to your agent. I have a concern that your insurance may not extend to family members that don't actually reside in your household or to cars that you do not own. So you want to be sure you are getting correct information on this. You may have talked to someone that mistakenly thought that your daughter lived with you (if she doesn't live with your - you didn't say either way so this is just a guess.)

    As for the umbrella, that is a tricky area. Many insurance companies have stopped selling umbrella policies and only allow people that bought them previously to keep them. This happened with my umbrella policy and I still have it but I would not be able to buy it today. I am a big fan of umbrella policies especially if they raise your UM/UIM coverage to $1 million or more. (Check and see if your umbrella boosts your UM/UIM coverage - if it doesn't see if you can fix that.) The only other reason to have higher umbrella limits is if you have wealth that you are trying to protect. If you don't have much then you may not have the risk that merits the extra coverage since Plaintiff will settle for the liability limits if they know that you aren't worth more than that. But I would still have the umbrella to boost the UM/UIM because that is where you are most vulnerable if someone hits you and they have the lowest basic liability limits. There simply won't be enough money to pay your medical bills if there is a serious accident.

    I think there are secondary insurance companies that sell add on umbrella policies that can boost the limits you have with your company, even if your company won't sell you the umbrella. You might want to call a general insurance broker and see what is available that you could help your daughter buy if you end up opting to buy her separate insurance.

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  • Is it legal for my sister's neighbor to set up cameras pointing at her house?

    My sister's neighbor has set up security cameras around her house. Based on where some of the lenses are pointing, I'm certain they're picking up activities in my sister's backyard, including her back door, and front door. Is this legal? She feel...

    Joanne’s Answer

    I am not sure why it would be an invasion of privacy if the camera can only see what a person standing in your neighbor's yard could see. Also why is this a big concern? If you know your neighbor can see into the yard, why would a camera having the same view be more alarming? I don't know the exact answer to your question without doing research. Oregon Law is evolving along with technology, so the law may change and offer you more protection. Here is what I found with a quick Google Search:

    https://www.oregonlegislature.gov/houserepublicans/Documents/Oregon%20House%20Unanimously%20Passes%20Legislation%20To%20Protect%20Oregonians%20From%20Invasion%20Of%20Personal%20Privacy%20Crimes.pdf

    http://www.nolo.com/legal-encyclopedia/can-neighbor-legally-point-security-camera-property.html

    http://www.palmvid.com/content/support/legal-information-regarding-audio-and-video-recording.html

    As the Nolo article above suggests, the first thing to do is have a friendly conversation with the neighbor about maybe pointing the cameras so they don't look directly at your sister's house. The second step would be to contact an attorney and maybe have the attorney write a letter.

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  • I have a situation my Fathers estate and will that he had written leaving all of his estate to me.

    One of my Sisters believes I manipulated our father to disinherit her and her sister, and she has every intention to bring various claims against me. Therefore, she will be bringing claims against me for Elder Abuse, Undue Influence, Tortious Int...

    Joanne’s Answer

    You did not ask a specific question that can be answered. You described a situation that confirms that you need to go and talk to a lawyer. It would probably help to round up witnesses that knew your father and can verify what he did and why, independent of any influence you had over him. Hopefully there was a lawyer involved in drawing up the will and working with your father. If there was a lawyer involved, the lawyer is probably your best witness who can state what happened and what your father instructed the lawyer to do.

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  • Can ice be held accountable for illegal that was deported six times and murderd my daughtert

    A Mexican national deported six times murdered my daughter 2 months ago. Why was he never punished for six re entries. Can anything be done

    Joanne’s Answer

    If an when this person is caught and convicted for this crime the fact that the person illegally reentered will probably add to his sentence and he will be going away to prison for a very very long time so that furthur illegal entry won't be an issue. I know that this won't solve the unjust you feel that this person entered in the first place.

    What happened to your daughter is very very sad. The person responsible probably is not ICE. Their job is to deport people that don't have proper documents to be here in this country. They don't however have a perfect system that stops people from crossing the border without proper documents. All they can do is catch them and send them back. The only other level of dealing with people is to put them in jail when the commit a serious crime and I am assuming that previously this person didn't commit a serious felony that would have sent them to jail for an extended period of time. It really doesn't make sense to put every person that enters the country illegally in jail and we can't constitutionally put people in jail because we think they may commit a crime in the future. There is always a cost consideration as well. A person in jail can cost the tax payers $100,000 a year per person. So the benefit of holding people in jail as a deterrent has to be considered against the cost to the taxpayers, and generally speaking it is cheaper just to send people back.

    There is something can can be done and is being done with respect to career criminals that frequently cross the border. Federal and State police do extensive investigations of these criminal networks which may take years of dangerous under cover work. When they have enough information to proceed they target and arrest as many people as they can. However in the interim, these criminals move back and forth across the border. People in the community aware of their presence and the danger they pose could report them to authorities, but there is a lot of fear and intimidation and a very real risk of fatal repercussions to the person reporting or their family, so this method of solving the situation is very limited.

    There is a small possibility that ICE or some other law enforcement agency did not do their job and this lead to the dangerous situation that ultimately resulted in your daughter's death. You could go and speak to an attorney and see if there is something to this theory. It is just impossible to say based on limited information. Generally the government has immunity for it's actions and decisions, but their can be circumstances in extreme situations where the government can be held liable.

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  • Should I have allowed my neighbor built a fence blocking me from my property?

    I recently moved into a new home development. Our neighbor wanted to build a fence between our houses. The grade is fairly steep and the space between the houses is tiny so I allowed them to design it. However I didn't realize from their design th...

    Joanne’s Answer

    I am not sure I can visualize from your description what exactly is going on. Generally speaking you do not want a fence that crosses over your property line and creates an area controlled by your neighbor that includes your property. This could lead to a future claim by whoever is living next door that they now own the property that they have excluded you from and been using. However, city property zoning and set backs might prevent that from happening. Also you are probably going to be paying the property tax on that strip of land so that act alone is you keeping ownership over the property.

    As for excluding you from entering the strip by your house? I don't see why there can't be a gate added on your side that allows you to enter your side. But that may be a non-issue if you decide that the fence can't be built inside your property line - it needs to be build on the property line between your house and their house and not more on your side. That is what I would recommend - get the fence back to where it needs to be. But first, pay a surveyor to confirm and mark where the property line is.

    As a property owner you can be liable if someone gets hurt on your property but the liklihood of being held liable varies depending on the relationship you have with the person that get's hurt. If they are trespassing, you have very little duty to protect them so only you would only be responsible for blatant hazards that you are aware of and don't remedy ahead of time. For people that are just coming over for social purposes, you only have a duty to fix problems you know of or warn them of problems. For people that come over for some type of business transaction, you have the highest duty. You must actually investigate if there are hazards and fix them or post warnings. (Think of the duty a store owes to their patrons.) Your neighbors and their guests would most likely fall into the class of social guests. Having adequate limits on your home owners insurance should cover you in the case that something happens.

    There is a one other possible solution. Have an attorney draw up an easement agreement that allows your neighbor temporary access to the small part of your land that is on their side of the fence. Specify that you or a future owner can rescind the easement at any time. Also have a clause that the neighbor assumes responsibility for any injury that occurs to their household or any guests on their side of the fence and that they agree to indemnify you and hold you harmless. (You still need insurance as there is no guarantee that they will have the financial means to fulfill this promise if indemnifying you.)

    If I had to pick a solution, I would get the property surveyed and make a new fence that is properly aligned on the property boundary and be done with it.

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  • I'm in a child custody battle for my 1 year old and just found out I'm pregnant, will that be worse for my case?

    He has temperary custody right now and we are going to court soon as I am fighting for full

    Joanne’s Answer

    You didn't say if the man you are fighting with for custody is the father of your unborn child or not. If you are worried about some stigma because you got pregnant with another man's baby, don't. The courts don't make moral judgments these days. The courts are only concerned with practical issues, the number one concern being whether or not the placement decision they make is the best for the child.

    As your child is not born yet, the court can't even begin to consider such things as where the new child should be living. That can only happen after the child is born. There is not yet any bond between your one year old and the unborn baby, but in the future the court may want to consider the relationship of the two children in terms of whether they do better placed together or not. That is not going to be a primary consideration but it could come up if say one child is unhappy and not doing well developmentally and either putting them in the home with the other sibling helps or worsens that situation.

    Now the court could consider the burden you will soon be having with a new born baby if you have a past history of not coping well with the management of child care and work and other things in your life. We don't know why your ex has temporary custody so we can only guess that there was some issue in your life that caused this placement.

    Truly the only way to analyze your situation is for you to hire an attorney for a one-on-one consultation where you get personalized advice after you are able to share the details of your situation. Absolutely do not post details here on the internet. This needs to be done privately. Even if you cannot afford to fully engage an attorney for every step in your case, you should at least pay for a consultation with an experienced family law practitioner before you appear in court.

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  • How do I go about filing for custody when I reside in NV and the mother of my son lives in Oregon?

    I have recently been asked to submit to a paternity test to a child I was unaware of and the tests have positively identified me as the father. Seeing that my son is around 14 months and his mother not informing me of not only his expectancy direc...

    Joanne’s Answer

    Be aware that what is going on is the mother applied for State Assistance of some type and was required by the State of Oregon to name any and all possible biological fathers in order to get this assistance. The State of Oregon then routinely tries to establish who might be the biological father by doing this Paternity process because what the State wants is to financially obligate the biological father to foot the bill for the assistance that the State is currently paying for. So this is purely an economic move on the part of the State that mother was required to submit to as a condition of getting assistance. It is possible that you won't be the father and some other guy will end up being proven to be the father. This proceeding is going to be strictly limited to proving or not proving paternity and then, if you are found to be the father, setting some amount of child support that you will pay to the State and the State will probably take is reimbursement.

    If you are established as the father, then you should hire an Oregon Attorney to help you move for custody or parenting time. Generally speaking getting custody won't work if the child has been in the primary care of the mother since birth, but if you can prove that the mother is not a fit parent, your odds shift greatly in your favor. You might want to hire an Oregon Attorney now to get a head start on gathering the information you will need to win custody, but that only makes economic sense if you reasonably believe that you are the baby daddy. If there is doubt in your mind you might want to wiat for the results of the DNA test.

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  • Should I file got an immediate danger motion while turning in my 30 day move notice?

    My kids father has the majority physical say on my kids. Although he's been giving them more time to me then what the court said. A few month after school got out the two older girls, a teen and a tween were getting out of hand for him. He told me...

    Joanne’s Answer

    Nothing in your description describes a situation where the children are in imminent danger. If the father has custody then it isn't really a situation where you as the custodial parent is moving more then 60 miles and taking the children. Rather it is a situation where nothing has changed with the custodial parent, but you are moving so your current parenting time simple won't work. You need to not only file a notice that you are planning to move, but you need to move to modify the parenting time so that it can be changed to something that is more practical with the added travel time. You don't say how far you are moving, but generallyu speaking 60 miles is not like moving across the country. It is still a viable distance to pick up the children for weekend visits. Not ideal, but it can work. I have had clients that made 300 mile distances work when one moved to northern california. The court ordered them to both drive half the distance and meet in the middle and exchange the children every other weekend.

    As a practical matter if you already know that your children aren't doing well in your ex's care, then this isn't a good time for you to be moving anywhere. It sounds like having you close so you can be a major influence in their lives is really important. I would reconsider your plans to move and make the children a priority.

    Can't comment on whether the situation merits a change of custody. There simply isn't enough information to do that and there is bound to be a lot of history that the attorney advising you need to know first, like how things got to where they are now. If you want an opinion on whether moving to change custody would be appropriate, you need to consult with an attorney. But you can move to modify the parenting plan. It would help if you and your ex discussed this and tried to agree on something. Keep in mind that sitting in the car for long drives every other weekend is not a great deal for your children.

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  • I am the POA 4 my mother and need a specific poa. Shes no longer competent can I sign one on her behalf?

    Iam the power or attorney for my other who was diagnosed with rapid onset alzheimers. Iam in the process of refinancing her home when I was told that they would not accept my POA that they needed a "specific POA". My mother is no longer competent...

    Joanne’s Answer

    Your problem is much more then dealing with a POA. You need to talk to an elder law attorney about the overall plan for your mother and whether or not the house will need to be sold to pay for her care as part of a medicaid spend down. So do this first. As for a special power of attorney - there really isn't any such thing. However in order to sell real estate the power of attorney you have needs to be clear that one of your powers as the POA allows you to sign real estate or loan documents. If the POA is too vague then you might have problem. Also, competency to sign legal documents is relative. A person doesn't have to be competent 24/7 to sign a legal document. They only need to have a lucid moment and know at the moment what they are signing and give their consent. The bigger concern I would have is whether your financial plan for you mother is really the best plan for her. If you might benefit personally from the refinance or any other financial maneuver you are planning, you risk being charged with elder abuse which is a crime if the action you took is later deemed not to have been in your mother's best interest based on her current condition and care needs. You have to be very very careful. Talk to an elder law attorney before you proceed.

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