Oregon Recent Legal Answers from Lawyers

Look on the list of probate lawyers on this site.  If there is not one near you, ask the county court for a list or look on the website of your state bar for a lawyer who does estate planning.  Note that relatively few people need revocable living trusts for estate tax or other purposes these days.  You may not be one of them.... Read Answer

 A Durable Power of Attorney is effective only when the person is alive.  It has nothing to do with a Will, which is carried out by an executor, or a trust, which is administered by a trustee. If you believe that your mother left a Will shich should be submitted for probate but do not have that Will or a copy of it, hire a local probate attorney to file an Application for Heirship determination.  Note that unless your mother has children who are not the children of her current husband, he will be the heir.... Read Answer

Submit her Will for probate.  If you do not have the original, talk with a local probate attorney about the possibility of probating a copy in Oregon or, if you do not have a copy, about the possibility of probating your grandmother's estate as an heirship.  Note why your grandfather would not be a suitable person to administer the estate (progressing dementia).... Read Answer

The answer varies from state to state.  Some states, such as Pennsylvania, file a lien on the house when a person applies for Medicaid.  Others, such as Texas, do not consider the home an asset as long as the person has an intent to return and even allow the person or her agent under a durable power of attorney to record a deed transferring the property on death, free of probate and free of Medicaid estate recovery.  To learn about the law in Oregon applicable to a particular situation, you might want to contact a local elder lawyer.  You can use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read Answer

If a wrongful death suit has been filed and the driver was under 18 and his mother was responsible for his actions and a home is not exempt in bankruptcy in Oregon, it might be possible.  Your description has too few facts and there are too many ifs here to answer.  You might want to check the court records.... Read Answer

Property in a revocable living trust is treated as though no trust existed. Property in an irrevocable trust which could benefit the person is treated as though it were the person's. While Medicaid is a federal program, it is administered by the states.  Every state sees things a bit differently. You might want to talk to a local elder lawyer.  You can find one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)     ... Read Answer

See the local rules about posting a No Trespassing sign.  Change your telephone number and email address.  Talk to a local lawyer (laws in this area vary by state) about getting a temporary restraining order which, within two weeks, can turn into a temporary or a permanent injunction against contact.... Read Answer

The question of whether your wife can obtain a visa to visit you during the time that the I-130 petition is pending will depend upon the discretion of the American consular officer who interviews her. If your wife has a good reason to visit you temporarily and the consular officer is convinced that the visit will be short and that she will return to Mexico, he or she is empowered to issue the visa. The consular officer could take the other tack and not see the sense of allowing your wife to enter the US on a nonimmigrant visa when she is very close to obtaining an immigrant visa, or may not be convinced that she has sufficient ties and bonds to Mexico for her to return. In that case, the visa would be refused. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Marriage to an American citizen entitles you and your children to be sponsored by your American citizen spouse. Did your marriage occur before the 18th birthday of your two children? If yes, then the children can also obtain green cards as derivative beneficiaries of their step mother’s sponsorship. Counsel anywhere in the USA can represent you. Some of us charge very reasonable flat rate fees for cases like this. Good luck!... Read Answer

You do not write whether your wife adopted the sons.  Please also note that there is a maximum on auxiliary payments to family members.  You might want to contact a member of the National Organization of Social Security Claims Representatives to see how this applies to your situation.... Read Answer

Hi Mike. Based on your fact pattern, since you have personally met her within the last two years, your girlfriend can apply for a k visa, a fiancé visa, which takes about a year to get. That visa will allow her to travel to America to see you. Within 90 days of entry, the two of you must get married, and then she can immediately adjust status here to get her green card. Counsel anywhere in the USA can represent you for the life of the case. The income from your social security and investments can be counted toward the minimum threshold to meet the level required in the affidavit of support which also must be filed. SSI disability income and any means tested public benefits can not be counted.... Read Answer

I'm not clear on what you mean by the word "claim".   If you mean "list", then yes you must list all your debts and all your assets in any bankruptcy case. If instead you mean "discharge", then student loans are not presently dischargeable in bankruptcy unless you prove, after a trial, "undue hardship" as that term is defined by the courts in your jurisdiction.  It is a tough standard to meet. There is a new bill pending now in Congress to make student loans dischargeable under certain circumstances.   Whether and when that bill will become a law is obviously uncertain at this point.  ... Read Answer

If your fiancée comes to the US on a K-1 visa and you marry within the 90 day period of time that you are supposed to, she can file for adjustment of status to permanent residence without leaving the US and wait for U.S.C.I.S. to make its determination while here. The application is for residence status, whether conditional or permanent, not citizenship.  Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Because Medicaid is administered by and partly paid by the states, you need to see an Oregon lawyer knowledgable about special needs trusts there.  You could look for a member of the Special Needs Alliance or the National Academy of Elder Law and Special Needs Attorneys, using the Find a Lawyer function (www.naela.org)... Read Answer

A Durable Power of Attorney is only effective while the person who granted it is alive. Please contact a local attorney about probating your mother's estate.  It may be that Oregon has a method to probate a small estate which will leave some money for the heirs.  It may be that the cost of probate is higher than the amount in the bank account.... Read Answer

I do not think that there would be a problem, especially if you are the beneficiary of the I-130 petition. If you are the petitioning US citizen and were born in the US, it would not make much difference who your parents are. The error would have more relevance if you immigrated to the US based on your relationship with your parents. I do not think that it would be disqualifying anyway, but it might require some explanation on your part. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

I'm not familiar with Oregon procedure, but in the jurisdictions in which I practice there is no need for the formalities of service of process on a party to a case which has already been commenced.  Once a case has started. service on a party of papers in that case is accomplished by merely filing the document to be served with the court's efiling system or by mail upon that party's attorney (if they are not represented by an attorney, than mail it to the party themselves).  If you do need to serve the papers they way you would serve process (e.g. a summons), you would have to serve them pursuant to whatever treaty governs service or process in tha country (most countries are party to the Hague Convention treaty relating to service or process, Canada being a notable exception).  You should find out whether you need to serve in the way you serve process by asking the clerk of the court.  If you do need to, you may be able to find out what you need to know by calling the embassy for the country in which your former spouse now resides.... Read Answer