Oregon Recent Legal Answers from Lawyers

So, your question is "Can I get away with bankruptcy fraud by failing to list an expected insurance refund as an asset?" My answer to all bankruptcy fraud schemes is "if you think you've got troubles because you've got financial problems, wait until the FBI is prosecuting you for a felony. Then you'll look back to when you just had financial problems as being the good times." Don't worry, federal prisons are easy compared to state prisons, sometimes the rapists don't kill you.... Read More

Answer - While it appears that there is no specific custody or parenting time order in place, the Court?s normal policy is that a custodial parent cannot move more than 60 miles further away from the other parent without either a written agreement with the non-custodial parent or a court order approving such a move. If you were to move without giving the child?s father at least 30 days? written notice, he could claim that you were trying to cut off his contact with the child without giving him the chance to contest that decision in the court that would have jurisdiction (the Circuit Court in the county where you have been residing). I would suggest that you consult with a local family law attorney to get a better idea as to what you have to do to get the Court's permission to move with the child.... Read More

Since you remain responsible for a mortgage on the property despite the direction ion the divorce decree you would be an "interested person" under the probate statute. As an interested person you could open a probate and have an estate representative appointed. You should review your rights and options with a probate attorney.... Read More

If your husband signed as a guarantor when his mom checked into the care home, then he may be responsible. If he did not sign as a guarantor, and you are not inheriting anything, then in general you're not liable for her debts. The trick here is not to put yourself in the position of being the executor of her estate. If you administer any assets, you may become liable for debts and taxes.... Read More

You (and your siblings) were entitled to half of your father's estate, if he died without a will, AND if he hadn't transferred the house to joint ownership between him and his new wife. Many married couples own everything jointly therefore nothing is subject to the will or probate. It sounds like you are a few steps behind, if stepmother has already died. You need to hire a lawyer and get started running this down before statutes of limitations start to close on you.... Read More

Maybe. It worries me that you use the term "attorney in fact" with regard to a will. Is this a do-it-yourself or internet will? In Oregon, the executor of the will is called the "personal representative." It makes me wonder what else might be wrong with the will. With the POA, it will work best if your aunt visits her bank with you, to introduce you. Banks and brokerages don't legally have to accept POA, and they are very suspicious. Please be advised that, as POA, you can only do those things your aunt would do if she were able, and only things that are solely for her benefit.... Read More

This totally depends on her situation financially and legally. A POA and a Will is a good start; however, there are many situations where they are not enough. Not the least of which is the hassle and cost of a probate. A Will speaks only through probate. If you have a Will, it means you plan to have a probate proceeding. The next step up is a living trust that solves many of these problems.... Read More

I'm not admitted to practice in Oregon, but everywhere that I practice, the voting rights of partners in general partnerships (as opposed to limited partnerships, llc's, corporations, etc.) are whatever they agreed upon.  There is no requirement that partners have equal voting rights, nor that the largest investor have the largest vote.  If there is no agreement, each partner has an equal vote.... Read More

Not generally, but are you sure you weren't served? They can serve someone 14 years old at your residence. If they try and can not serve, then they can serve by publication (which means putting it in a news paper). You can go to the courthouse and there will be a document filed which shows how they claim they served you.... Read More

So, your son-in-law was spending more than he was making and even the rip off king payday places wouldn't loan him any more money, and you stepped in a gave him another $15,000 to plow through. Did you think he was suddenly going to become sober and temperate? Of course, he will discharge this debt in bankruptcy, he didn't care about you when he was spending the money, why do you think he cares about you now that it's gone.... Read More

Your post concerns the registration and the loan; what matters is the title to the car. I assume that's only in your late husband's name since the loan is. As long as you're insured, you're safe to drive it. When you move to the new state, though, you probably won't be able to get a registration on the vehicle if you're not on the title. You will also run into trouble when you go to sell the car or trade it in. If there aren't any other assets that were just in his name, you could file a "small estate affidavit" in Oregon. You'll need his death certificate and the original of his will.... Read More

Power of attorney no longer matters, after the principal has died. Your mother and father should have wills, which will govern the disposition of their property. If they did not have wills (they died "intestate") then any one of you siblings can open probate, and demand the return of all of their property for purposes of administration.... Read More