Oregon Questions & Answers
Q: A DR. IN MEXICO WAS JAILED FOR BEING A FAKE SURGEON W/ NO DEGREE. HE WAS INSURED. I WAS A PATIENT. WHO DO I CALL
1 Answer | Asked in Medical Malpractice for Oregon on Jul 25, 2014
Answered on Jul 30, 2014
Spencer Richard McMullen's answer
You could join in the criminal complaint against him and under the new victims rights law he would need to pay you as part of his sentencing. The down side is that you would need to pay your legal fees and your recovery would be the amounts for services in Mexico so unless it is a large amount it may not be worth pursuing.
Q: Can I legally move out of my house when I turn 18 even though I'll still be in high school?
Vincent J. Bernabei's answer
Yes. You are an adult at 18, and you are free to make your own decisions (and suffer the consequences of those decisions). Check with your school guidance counselor to see about free public transportation and meals. You may also be eligible to receive child support from your parents until age 21.
Q: I have full physical and full sole custody of both of my children. My daughter is 8 and my son is 5
Vincent J. Bernabei's answer
If you already have a court order for full legal custody, then you must also follow the court order for visitation, if there is one. If there is no court order for visitation, then you should suggest in writing that the father of your children begin seeing them a couple times a week, for a couple hours per visit. If father agrees in writing, is consistent, and understands this is for their benefit, then you should consider increasing his time with the children in a few weeks to a full day...
Q: How can I be charged with felon in poss. Of a firearm. When a gun was found in another bag in a closet
1 Answer | Asked in Criminal Law for Oregon on Feb 21, 2014
Answered on Mar 28, 2014
Michael Romano's answer
The legal definition of "possession" is very broad. A felon doesn't need to be holding a firearm, touching a firearm, or even have a firearm within reach. It's called "constructive possession." The criminal charge of felon in possession of a firearm is a serious offense, and you may have a legal or factual defense. It'd probably be best if you didn't post more details in a public forum online, and instead contacted an attorney.
Q: My babys father is on bench probation and I believe he is doing illegal drugs what can I do,
1 Answer | Asked in Criminal Law for Oregon on Feb 24, 2014
Answered on Mar 28, 2014
Michael Romano's answer
The first thing you can do is verify your suspicion. Ask him if he's using. Have him take a UA. The second thing you should determine is what drugs is he using. A third consideration is: Does his drug use present a safety issue for the child? If he is using, your first motivation-- since he's the father of your child and will always be-- should be to get him clean, rather than to use the evidence of his use to your gain. As you can imagine, some people do this in custody disputes. If he's...
Q: I have full custody of my 8 year old daughter, would I be able to move from Oregon to Florida?
Michael Romano's answer
Does the father of your daughter consent to the move? Does the father currently have a relationship with your daughter? Is he exercising parenting time with the child (with or without a written plan)? If the father objects to the move, and if the move will affect his parenting time, you may have an uphill battle. There are some tough appellate cases in Oregon on relocation.
Q: Where can I find a case number for a current casein the federal circuit court in Portland, OR ?
1 Answer | Asked in Federal Crimes for Oregon on Jan 28, 2014
Answered on Mar 28, 2014
William E. Scully Jr.'s answer
Sure! Plug the term, "PACER" into Google. PACER stands for Public Access to Court Electronic Records. You will have to register for an account. Registration alone doesn't cost you, but if you download any documents it will cost about $.08 per page. Once you register you can go to the district court in question and search by name. Good Luck.
Q: Mi dad died from mesothelioma. He settled with Ethicon. As his daughter could I have a case
1 Answer | Asked in Products Liability for Oregon on Feb 19, 2014
Answered on Mar 25, 2014
Adam T. Funk's answer
I am sorry to hear about your loss. Your questions depends on the Release of claims your father signed. It is possible he released any and all claims that could be brought by his heirs on his behalf. This, however, does not mean that you are forever barred. It just depends on the Release language. Also, you must be aware of statute of limitations associated with your potential claim. I highly advise getting in touch with an attorney to discuss your options.
Q: How can I find out when my bankruptcy was final?
Andrew Bresalier's answer
A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.
Q: In Oregon, what happens to the Chapter 13 plan payments I have made if my case is dismissed prior to plan confirmation?
Andrew Bresalier's answer
A: You will not receive a refund. The funds are first applied to administrative fees, then to your creditors.
Q: If i have a bankrutcy dicharge do i have to reaffirm my real estate when i have never stopped making payments?
Andrew Bresalier's answer
A: When you file Bky everything is included. Everything you own and owe. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included. It is a common strategy to continue making payment on a home without reaffirming. In the event you later default, you will not be liable; however, your favorable payment history will not be reported on your credit report. If you do this, make sure you still claim the exemption, or the Trustee...
Q: What time of the year is best to file chapter 7 to avoid the risk of losing your federal and state tax refunds in Oregon?
Andrew Bresalier's answer
A: If you Refund is sizable, doesn’t matter when you file, the Trustee could still apportion it. If it is small it should fit within the avail exemption. If it is less than $2000 over the exemption and you have no other things over the limit the Trustee usually will not pursue.
Q: How do I find out whether my debtor has filed for bankruptcy
Andrew Bresalier's answer
A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.
Q: My wife has locked me out and refuses to let me get my belongings. What can I do?
Vincent J. Bernabei's answer
You have the legal right to enter the home if it was your residence before she locked you out. You could hire a locksmith to unlock the home for you if there is no court order prohibiting you from entering the residence. The police will sometimes stand by while you get your belongings from the residence, but that depends on their availability. If all you want are your personal belongings, try having a trusted friend or family member serve as an intermediary to get your belongings.
Q: What can I do to protect my rights if a woman says she is taking me to court for a paternity test in another state
Vincent J. Bernabei's answer
If she is receiving public assistance, the state she resides in will probably contact you and require that you submit to DNA analysis (DNA swab) to determine the likelihood that you are the father of the child. If you do not provide a DNA sample, then you could be in "default" and a judgment for past due and on-going child support could be entered against you. I therefore recommend that you contact an attorney soon to discuss your specific legal rights and remedies.
Q: Is a Quit Claim Deed a good way to go to transfer real estate from an 80 year old parent to a grandchild?
1 Answer | Asked in Real Estate Law for Oregon on Nov 14, 2010
Answered on Nov 30, 2013
Zaher Fallahi's answer
In general, it is tax advantageous to inherit a property rather than getting it as a gift, because the value of the inherited property is stepped up to the fair market value at the time of death. In a quit claim or gift case, the basis for the grantee is the basis of the grantor that may be very little and would cause the grantee to pay high capital gins tax when sold later. Consult a local tax or estate planning lawyer.
Q: My mother died with a will notorized by the bank manager is that legal?
1 Answer | Asked in Estate Planning for Oregon on Jan 3, 2013
Answered on Oct 8, 2013
Vincent J. Bernabei's answer
If two witnesses observed your mother sign her will, and before your mother died the witnesses signed an affidavit which was notarized by a notary public, the will is valid. It doesn't matter whether the notary public is the bank manager.
Q: What forms do mom and I need to obtain for POA which includes Medical,financial and after death authorizations?
1 Answer | Asked in Estate Planning for Oregon on Apr 25, 2013
Answered on Oct 8, 2013
Vincent J. Bernabei's answer
A power of attorney expires upon the death of the person who gives it. Before death, for medical decisions, you will need an Advance Directive, and for personal and financial decisions, you will need a durable power of attorney.
For authorization to act on behalf of a person who has died, you need to be appointed as Successor trustee if the person had a trust, or if the person did not have a trust, you need to be appointed by the court as the Personal Representative of the Estate of the...
Q: How to get guardianship of my siblings?
Vincent J. Bernabei's answer
The least expensive way:
Have the father sign a delegation of parental authority. It is good for up to six months, and could be renewed every six months if the father is willing.
You could also file a petition for custody or guardianship if the Father is not cooperative. If there is already a custody case involving the children, you could file a motion to intervene in that action, and seek guardianship or custody.
Q: My question is about paternal rights.
Vincent J. Bernabei's answer
Your friend cannot establish paternity under OR law unless either the mother or her spouse consents.