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Christopher L Cauble

Christopher Cauble’s Answers

151 total


  • How do I find out the amount of my deceased mother's financial worth prior to her marriage to her second husband?

    My mother and father were married 45 years until his death. We their surviving children believe Dad had considerable wealth that he left to my mother, though we did not see bank records. Mom later married a man with grown children. Mom died i...

    Christopher’s Answer

    I agree about reporting fiduciary elder abuse to the state. The only way that you can really fully investigate elder abuse on your own is to be appointed as gaurdian/conservator of H2. This would allow you to revoke the power of attorney of H2 and also investigate bank accounts of H2. If you find that there has been financial abuse, you would then be able to file a lawsuit on behalf of H2 against his son. There are firms who handle elder abuse cases around the state. You can contact my office at 541-476-8825 if you want more information as to how to proceed.

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  • Was my vehicle repossess illegally.

    I am a licensed auto dealer in Oregon . I have have a flooring line with a company names DISC . today they repossessed one of my units I am using as a demo . The vehicle was taken from the parking lot of another company I am part owner in . My...

    Christopher’s Answer

    The answer depends on the security agreement and contract you signed. You were probably in default. However, the question is whether they complied with the security agreement. Also.,did they do a proper sale of the collateral after forclosure. Another issue is whether they have satified the debt based on their holding other vehicles as collateral. These are fact specific cases.

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  • I just asked a Lawyer a question but i think he misunderstood my question. I quit the VA as they

    wanted to terminate me for breaking a policy that i was unaware of. I got unemployment and then my employer questioned the ruling. I then had a hearing with a Judge. Documents used are to be sent to all parties. The documents I sent were inadverte...

    Christopher’s Answer

    There is really no way that you can get advice regarding an issue such as this on a limited forum like this. You have to talk to your attorney about your concerns. If you feel that you are not being represented properly, you should contact another lawyer and get a second opinion. Your lawyer must keep an open line of communications to you.

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  • In Oregon, can an interested party apply for guardianship of a minor in foster care through probate court?

    The child is 14 years old. She has been in foster care since 2011. Since that time has been placed several (5-7) times w/o success. She has run away more than once, been kicked out of a couple, and placed into lockdown treatment facilities atleast...

    Christopher’s Answer

    You have to deal with the state foster care system. If she was living with you prior to foster care, the state would have looked at you as a possible resource. You either refused to have the child live with you or the state considered you not to be fit at the time. These are not easy cases and courts almost always follow what the state wants to do.

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  • My children are going to recieve a large settlement soon do i need to get them a trustee for their money in the state of Oregon

    is this required for minors in oregon

    Christopher’s Answer

    Yes. The insurance company that is handling the settlement will make sure that the children have a conservator or trustee in place before the check is deposited. The trust will either need to be an irrevocable trust that is approved by a court or a conservatorship. A lawyer who is experienced in trusts or guardianship/conservatorship can get this done. A parent can act as the trustee. However, if it is a very large sum (in excess of 1 million dollars), it may be best to have an institutional trustee, such as a bank or other financial institution.

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  • In oregon, can u appeal a contempt of court conviction (restraining order violation). How long do you have to do it?

    I want to appeal a conviction that was very shady altogether but I know I proved the charges were false as is the order. I don't want it on my record.

    Christopher’s Answer

    You can appeal a final judgment. You have 30 days from the entry of the judgment in the court's register. There is no extension of this timeline. You appeal by filing a "notice of appeal" with the Oregon Court of Appeals. It is best to find an attorney who is experienced with appeals. This attorney not only will no how to file the appeal. He/she will be able to tell you whether you have a chance of "winning" the appeal. Appeals are difficult to win. Even if the judge was wrong, the court of appeals may affirm the judge's ruling. When the court of appeals reverses a judges ruling, it is required to publish an opinion. The opinions set precedence for the courts in Oregon. Therefore,the court frequently affirms cases without opinion. Even when the court may disagree with how a trial judge decided a case, the court may still affirm the case. Therefore, we have to advise a client that an appeal must have strong facts as well as a good case to have a chance in the court of appeals. You may feel like you were "Wronged" by the trial court and I may agree with you. However, I have to believe that a court of appeals thinks that your case is worth writing about in order to believe that you have a chance of winning an appeal.

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  • If the bank is not listed as the owner of the property on the deed, is our contract valid?

    We are purchasing our fist house, which is a foreclosure, however the bank that is selling the house is not listed on the property deed or any title paperwork. All documentations at the county show the previous owner’s information. The offer we ...

    Christopher’s Answer

    This is likely was a "short sale" that turned into a forclosure. They tend to take a long time because the property is a foreclosure. If the owner changed his mind and decided to stay and/or filed bankruptcy, it results in a longer period. The bank has to file a motion for relief from stay in bankruptcy court. Another thing..banks are filing judicial foreclosures in order to avoid the requirement to engage in fruitless mediation with property owners that the legislature is requiring. This is causing delay. So far, only 8 mediations have occurred statewide because banks have filed judicial foreclosures. Owners want to delay things so they ask for a trial. Banks file motions for summary judgment. There is a 180 day redemption period after the bank comes into title. If the bank is doing a judicial foreclosure, you may be looking at a longer delay..

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  • Are auto wrecking yards in Lane County, Oregon required to maintain a fence to screen the wrecked vehicles?

    We bought a property located next to a completely screened auto wrecking yard. The new owner of the yard has been knocking down the fence and refuses to rebuild it. We feel our property values are declining, are experiencing objections from pr...

    Christopher’s Answer

    This is an interesting question. The wrecking yard probably has a special use permit to operate the yard which included a requirement to have the yard fenced. (I imagine that the zoning in this area of Lane County allows a wrecking yard). Even if he is still in compliance with zoning, he may still be liable under general nuisance theories however, this is a close call. I would have to know how old the yard is. If it was built prior to 1970, it would be grandfathered prior to land use laws and there would be no land use decision. If it was more recent, there would likely be a requirement that it be fenced, ect. Additionally, there could be a general code requirement for wrecking yards that would be applicable to him. The best thing to do is to contact the Lane County Planning Department.

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  • I uncovered strong evidence my now ex business partner was committing bankruptcy fraud. Should I turn him in?

    Chapter 7 personal bankruptcy. Owed the IRS over $1 mil. Hid assets in the $200k range that I know of

    Christopher’s Answer

    Well..the question I would ask is whether you benefited from his fraud. I cannot tell from this question. If you did, It may be better to come clean since you just discovered it. If you have no involvement with it, it is all up to you. In any event, you should talk to bankruptcy/tax specialist. If he /she determines that you may have criminal exposure as a "partner", he/she may decide that you will need to be careful as to how you decide to approach the bankruptcy trustee or IRS. I believe that caution is in order. It is very important that you talk to the correct specialist.

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  • Guardian of child's estate.

    My 10 year old son was named as sole beneficiary of my uncle's life insurance policy. I am now in the process of filling out the paperwork. A representative for the insurance company said that I have to go to the court to be appointed "guardian of...

    Christopher’s Answer

    You need to talk to an attorney about setting up either an irrevocable trust to be approved by a court OR a conservatorship. Our firm has handled these matters in the past. They are not complex for attorneys to set up but they are FAR too complex for a non-attorney. The trust OR conservatorship must be approved by the court. I have found that the irrevocable trust is a less expensive option and I have gotten insurance companies to approve that option (as long as a court approves it). It is a far less expensive option than a conservatorship in most cases as long as the parent is an appropriate trustee. You should contact an attorney who is well qualified in handling these kinds of matters..

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