Oregon Recent Legal Answers from Lawyers

Assuming that mother and father were previously married but they went through a dissolution of their marriage which resulted in mother being granted sole custody with father getting a specific parenting time schedule and an order to pay child support, mother's effort to change the child's last name would have no effect on either the parenting time schedule or the child support order. On the other hand, if mother got a court order allowing her new husband to adopt her son, that would cancel the parenting time schedule and father's duty to pay child support. Assuming there was no adoption, father should bring a motion to change his son?s last name back to his own so his son can grow up with his real father's last name. As the child gets older, it could be an major mental issue for him if he believes his father abandoned him by agreeing to his name change.... Read More

If you file a Chapter 7 you can generally surrender it and owe nothing on the vehicle. I would suggest waiting until you talk with a bankruptcy attorney. If you have too much income, you may be able to use it as an income deduction if you still have possession of the vehicle at time of filing.... Read More

Yes, if they have a judgment, they can clean out your bank account. You can file a form called a "challenge to garnishment" to get back any funds in the account that were exempt. Call the collection company and ask them to provide you with a challenge to garnishment form and get it filed right away. They do not have to reimburse any bank fees.... Read More

The filing of the I-485 Adjustment of Status application requires physical presence in the U.S. on the day the application is received at the USCIS. He must also complete Biometrics (fingerprinting and photographs) at the nearest Application Support Center in the U.S., which is typically scheduled 2-4 weeks after filing. Biometrics must be completed in the U.S., as well. Please note that this provides general information and is not intended to be a substitute for specific legal advice regarding an individual matter.  As the immigration laws are constantly changing, we strongly encourage you to work closely with legal counsel when pursuing any immigration benefits.  ... Read More

The main issues here appears to be whether or not there is a specific judgment or court order establishing custody, parenting time and child support in a court action that was brought by one of the parents after they separated. If they were not married and they just separated with no specific court order, I would expect the mother to have kept the three-year-old child and entered into an informal agreement with the father for his parenting time. If there is no history of domestic violence or other bad behavior by the father, then the mother?s refusal to agree to a reasonable parenting time would be grounds for awarding custody to the father. On another point, if there is a court order for custody, parenting time and child support, and that order provides for a specific parenting time schedule for the father, the mother?s refusal to abide by that schedule would be grounds for changing custody and enacting a new parenting plan. I believe your partner needs to consult with a local lawyer in your area and bring along whatever court documents he has to that meeting.... Read More

Tough one. If your mother wants him out, it might be possible. Given that he has lived there as your mother and father's guest for 13 years (and I'm assuming now that the house was owned only by your father, as trustee of his trust, and that your mother has no position other than as [again assuming] a life beneficiary in the house) and your father left no specific directions regarding occupancy of the house by your brother, then it will be difficult to get him out, if not impossible. It would be necessary to review the trust document to know for sure. Also, if you could show that there is elder financial abuse (brother is taking money from Mom) or worse, physical abuse, then you could seek an elder abuse restraining order against brother which would require that he move. This is one where you'll need assistance from a lawyer, preferably one who works in trust litigation or elder abuse issues.... Read More

Any person who inherited property or money from your father is responsible for paying his creditors, to the extent of the value of what they inherit. However, there is a priority for payment of creditors; if your father was receiving any public benefits like Medicaid or Oregon Health Plan, there might be an amount payable to the Oregon Department of Human Services. One of the creditors would be landlord, who is owed rent until you turned the keys over. But if no one is inheriting anything, then no one needs to pay anything.... Read More

It depends. The principal amount of an inheritance is not income-taxable anywhere I know of, but if the estate earns money during administration, the income is taxable. Contact the personal representative of the estate. Also, you may be able to get a refund of the amount withheld by the other state. Talk to your tax adviser. ... Read More

This question is too complex for an answer here. You need to contact an estate litigation lawyer to investigate whether there is anything you can do. Commonly, married people hold their property jointly, with right of survivorship. The new wife may have inherited all by operation of law, and may not need to file probate.... Read More

The answer depends upon the terms of the judgment. Under the Oregon Basic Parenting Plan, the non-custodial parent only gets a very few overnights with a child that is only two years old (the normal parenting plan applies for children three years and older). However, if the parties agreed to more overnights with the non-custodial parent and they did not get a provision in the judgment that the child can only be taken a few miles away, he might be able to take the child out of state. If he is working and cannot take the child to his workplace, it would probably be OK to allow the father to use a babysitter.... Read More

Assuming that you are a US citizen, it should be possible for you to sponsor your mother even if you have a felony assuming that you fulfill all of the other obligations associated with sponsorship including relationship and financial support.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 More