Oregon Recent Legal Answers from Lawyers

If the lease was for a year, it ended.  There is no need for you to have your name removed from a document which is no longer in force.  Assuming that the lease or any guarantee you signed does not provide for any continued responsibility after its initial term expires, like a holdover (read it carefully to make sure it doesn't), and that you are not occupying the leased premises, you are no longer liable.  You agreed to the lease.  Any arrangement for occupancy beyond the lease's term is between the landlord and the tenant, i.e. your grandson.  .... Read More

If your family member departs after she have overstayed her visa for more than one year, then she is barred from lawful immigration for 10 years unless she can somehow qualify for a waiver/pardon.  Many are disqualified even with family in the U.S..  If she returns to the U.S. in spite of this 10 year bar, she can be permanently disqualified from lawful immigration. As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before she decides to leave.  This way, she can make sure that she is doing the right thing.  She may decide that she must remain in the U.S. to avoid the permanent bar on lawful immigration that is triggered from such a departure.  The above is general information, not legal advice, and does not create an attorney client relationship.... Read More

From your description, it is not clear what has happened.  No one can change a Will but the person whose Will it is.  Your stepmother's daughters are entitled to her estate.  If your father left everything to his wife without adding that if she predeceased him, his estate would pass to his children, you may well be out of luck.  Or you might convince the court that this was a scrivener's error.  It appears from your description that you already have a lawyer.  That lawyer knows the facts and local court procedures better than anyone on this listserv. ... Read More

Generally, no, that isn't legal. If there are probate assets remaining after payment of all estate bills and debts, those assets should be divided according to the Will. However, there are some details regarding your mother's estate that may change what you are entitled to (ie: non-probate assets). I would advise you speak with a probate attorney as soon as possible.... Read More

If you proceed with trying to reopen a civil case, you need a civil attorney.  If you want the defendant prosecuted for perjury, go to he police and local prosecuting attorney.  The government prosecutes criminal cases; private criminal attonreys defend those accused of crimes.  You can do both, but you will have a very hard time succeeding in either.... Read More

The dent you caused reduced the value of your friend's car, and you are liable to your friend for those damages whether she chooses to repair the car or not.  If the dent caused less damages than $2,035, or if hte entire car was only worth less, then you would only be liable for the lesser amount.  Yes, her insurance could pay the claim, minus the deductible, and you would then only owe your friend the amount of her deductible, but the insurance company could (it might choose not to) come after you for the amount that your negligence caused it to have to pay out. ... Read More

In most states an heir who has not received a distribution within a certain period of time can ask the court to replace the administrator.  It is not clear from your post whether three years have passed or nineteen.  If it is nineteen, you are probably too late.  If it is three, contact a local probate attorney.... Read More

Start looking.  It is the duty of the executor or administrator settling her estate to gather her assets, pay her debts and distribute the rest according to her Will or, if there is no Will, you state's heirship laws.  Unless you are the sole beneficiary under the Will or the sole heir and there is no debt which must be paid by selling the house, the person settling your grandmother's estate is legally obligated to evict you.... Read More

If your aunt does not have legal capacity to contract, say, to sell her home or start a business, she does not have legal capacity to sign a Durable [Financial] Power of Attorney.   A guardianship (conservatorship) must be sought and can only be awarded by the local probate court. If your aunt does not have physical capacity to sign or can only make an "X", some states will allow a notary, with witnesses, to sign for her, making a special notation on the document.  From your description, it appears that your aunt also cannot speak.  If she cannot understand the meaning of the document and cannot somehow communicate that she wants to grant a POA, this approach cannot be used.  Again, someone must seek guardianship.  ... Read More

It is unlikely that a llifetime restriction will be enforced for this business, and I also wonder if 15miles may be deemed too broad, but it is possible that, even if the Court believes that hte restriction as written whould not be enforced, it may "blue pencil" the clause, i.e. narrow it to an acceptable scope (e.g. a year post-employment and 3 miles) and enforce the narrowed clause.... Read More