Priority debts are those debts that have priority for payment over other debts. These typically include recent income tax debts, domestic support obligations (i.e., child support and spousal support) and restitution owed via court order.
Adoption
Guardianship
Also known as a self-proving Will, or a testamentary Will, a Will is a legal document that sets forth your wishes for distribution of your property and provides instructions for guardianship of minor children. A Will memorializes your wishes. A Will includes naming an estate executor, naming guardians for minor children, deciding how debts and taxes will be paid, and providing for pets. Wills are somewhat basic, however. If you’d prefer to put conditions on gifts such as not turning over assets all at once, or ‘Kyle gets the apartment if he finishes college’, among many others, a trust may be a better choice.
Spousal Support
Third, the mediation process is more flexible. While a trial generally ends with a dollar amount verdict, generally leaving at least one side, and often both sides, disappointed, mediation results can be tailored to fit the parties’ situation. In business settings, this can mean contracts continuing, paying off damages in future performance, securing debts with assets, agreements to modify behavior to allow companies to work together, etc. In marital dissolutions, I have seen lump sum settlements arrived at to finance a business or fund education, making both parties self sufficient and eliminating claims for spousal support, and cooperative parenting time schedules that really work for the parties and the children as opposed to court-mandated schedules which work moderately well for the masses. Even creditors and debtors can explore stipulated judgments, notes and security, and payment plans which would not be available in the courtroom.
Pursuing a wrongful death claim is often a difficult process for several reasons. First, even addressing the issue is often a painful process for the relatives. Second, the insurance companies generally defend the claims vigorously due to the size and severity of the claim. Third, the entire process takes time and money. We can often help with this, deferring at least compensation for attorney fees to the conclusion of the case.
Theft
Identity Theft
Fraud and identity theft are the biggest risks of our online world—and these crimes are rising year after year. Some of the largest and most respected corporations in the world such as Target, Capital One and even major credit bureaus have lost millions of customers’ sensitive information.
Restraining Order
Bankruptcy is a court procedure that helps both consumers and businesses get rid of their debts and repay their creditors. During the bankruptcy, the bankruptcy court protects the consumer or the business from his/her/their creditors with a rule called the “ automatic stay,” which is a kind of restraining order against creditors’ collection efforts. One of the primary purposes of bankruptcy is to discharge certain debts and to give an honest individual debtor a “fresh start.”
Business formation is a legal matter, and not everyone can act as a lawyer. Good business formation attorneys can provide knowledge, experience, and insight to help determine basic corporate compliance, employment matters, zoning compliance, and even trademark and copyright advice. Perhaps most importantly a lawyer can help partners create solid common ground and help them set their expectations of each other.
Limited Liability Companies
Limited Liability Companies or LLCs are popular business format for a variety of reasons. First, they are less expensive to form and maintain than corporations. For small businesses starting out, this is a significant consideration. Second, the members of the LLC can choose to have profits taxed as an entity, or proportionately to the members, which makes it flexible from a taxation standpoint.
Arbitration due to prior agreement. Many contracts provide that disputes will be resolved by “binding arbitration”. This means that there is no appeal of the Arbitrator’s decision. Perhaps the most common contract with an arbitration agreement is the Earnest Money Agreement commonly used today to buy and sell real estate, although other examples include employment agreements and agreements for handling disputes over products sold, particularly in the commercial world. Sometimes the agreements even specify which arbitration service will hear the dispute, generally either the Arbitration Service of Portland or the American Arbitration Association. These services have their own fees and rules. Arbitration services hand select their arbitrators from experienced litigators.
O ver the years Preferred Residential and my clients have had the opportunity to have the skilled staff at McCord and Hemphill taking care of everything from simple lease questions to more intricate and detailed agreements with property owners during real estate transactions. I'm always assured that my brokerage and clients are in the best hands. We can depend on up-to-date knowledge of the ever changing laws.
Medical coverage (Personal Injury Protection or PIP) is mandatory with liability insurance policies, and this coverage can create as many problems as benefits. The insurance adjusters often interpret what injury is “caused” by the collision more narrowly than injured parties, and even more narrowly than treating doctors. This can result in the need to secure legal assistance.
Wills can include trusts to manage and distribute assets through a trustee after your death. Your estate planning documents will include the appointment of someone you trust to manage your affairs should you become disabled, a directive to express your desires regarding end of life decisions, and even a directive to deal with your remains. Estate plans with Wills generally remain more affordable than drafting, and funding, a trust.
Wills
This type of trust is created as part of a person’s Last Will and Testament and but takes affect after the person’s death. This type of trust can help manage asset for your beneficiaries, but does not avoid probate and does not maintain privacy.
Trusts
By far the most popular trusts are revocable living trusts drafted for the purpose of using the lifetime estate tax credit of both spouses. Using this Trust, with assets over the amount of the credit, the couple can end up transferring tens, or even hundreds of thousands of dollars more to their children than without the Trust. Trusts are only effective if they are properly funded and should not be funded with certain assets.
Power of Attorney
In Bend, Oregon, Jim and Elisa have been married for 35 years and they own a home and two investment properties. The investment properties are in Elisa’s name only. Elisa becomes temporarily incapacitated. Her doctors believe with proper procedures she will be restored, but the treatments are expensive and not covered by their insurance. In this scenario, although Jim has a cash offer for one of the investment properties he does not have the authority to sell one to cover the procedures. Having a durable power of attorney would have solved these issues and many others.
Brian was an excellent guide through the trying Chapter 13 bankruptcy process. I had many extenuating circumstances during my case, pet emergencies, car breakdowns, and inheritance issues. Through them all Brian provided excellent guidance[...] Read More Reviews
Foreclosure
Foreclosures are very complicated because there are so many different types of foreclosures. There are foreclosures of possessory liens (like if you didn’t pay your mechanic and he kept your car), non-possessory liens (like the one GMAC has on plenty of cars from Detroit), construction liens (by workmen who were not paid), judicial liens (arising from judgments), consensual liens on personal property (often business equipment), and consensual liens on real property (land sale contracts, mortgages and trust deeds).
Tax Law
Oregon imposes an estate tax on assets in Oregon when the owner dies. Anyone with assets of more than $1 million would be wise to seek help with estate tax planning to minimize taxes and increase the amounts they can leave to their heirs.
Debt Collection
He returned to Bend in 1997, and has been at the corner of Greeley Ave. and Hill Street since 2000, and typically handles estate planning, probate, real estate, landlord/tenant, general litigation, debt collection, arbitration, and mediation.