I offer legal services with the added convenience of House Calls. I provide services not only in Eugene and the surrounding communities but throughout Oregon as well. Call me for an appointment at your home, business, or other convenient location.
The following contain brief descriptions of the documents I prepare and the services I offer:
A will is a set of instructions that explains how you want your property distributed after your death. In Oregon, you must be at least 18 years old and of sound mind to make a will. A will allows you to decide who will manage your money and other property after you die and how that property will be distributed. It lets your wishes be heard regarding the care of minor and disabled children and often prevents disputes among your relatives. It is a good idea for your will to be carefully drafted, and it should comply with Oregon’s many legal formalities.
Power of Attorney
If you become seriously ill, disabled, or injured and cannot handle your money and affairs, then under Oregon law, someone must have special authority to act for you. This special authority is almost always created by a document of some kind. This document must be written and signed by you before you need assistance and cannot be authorized by you after you have lost the ability to understand and manage your own affairs. The most common document granting this authority is called a power of attorney.
The Health Insurance Portability and Accountability Act (HIPAA) requires that you give your authorization for others to have access to your medical records or protected health information. The HIPAA Authorization may be used for this purpose. The authorization may be for limited information to be used for a limited purpose, or it may be for unlimited information and used for a general purpose. The scope of the disclosure and to whom this disclosure may be made is up to you.
Managing your final illness is something that you can do through a living will, which is a legal document of health care instructions. In Oregon, this document is known as an Advance Directive. You may use this document to appoint someone called a health care representative to make health care decisions for you when you are unable to make these decisions yourself.
Will With Testamentary Trust
A testamentary trust is a type of trust that is established in a person’s will and takes effect after a person’s death and after the person’s estate goes through the probate process. Testamentary trusts are often created to benefit children or individuals with disabilities, and a will may contain more than one testamentary trust. A testamentary trust may apply to a person’s entire estate, or it may only apply to a portion of the estate. A testamentary trust is not always necessary, and there may be more preferable mechanisms available to accomplish a person’s estate planning goals.
A trust is a document that gives rights to property held by one person for the benefit of another person. This property may be real property (real estate), personal property, or both. A trust is a separate, legal entity and may be created for a variety of reasons, from managing assets to avoiding probate, depending on a person’s particular estate planning needs. There is generally no one-size-fits-all approach to drafting a trust as a trust should be crafted on an individual basis based on a person’s specific circumstances and needs.
Depending on the circumstances, the terms of the trust, and on applicable law, a trust may often be amended or revoked. Unless the terms of the trust explicitly provide that the trust is not revocable, the settlor (person who creates the trust) may amend or revoke the trust, provided the settlor has capacity. An irrevocable trust may sometimes be amended with a non-judicial settlement agreement, or it may be amended or revoked with court approval. There are many factors that must be considered before determining whether a trust can, or should, be amended.
In Oregon, real property (real estate) can be titled in several different ways. Transferring ownership interest in real property must be done in writing, and the document used for this purpose is called a deed. The four types of deeds used in Oregon are the warranty deed, special warranty deed, bargain and sale deed, and quitclaim deed. A deed should be recorded in order to protect the buyer and the seller, and an unrecorded deed could lead to problems when transferring the property at a later date. Deeds must also be properly drafted in order to achieve the desired results.
After a person’s death, probate is the process where a court oversees the distribution of the person’s property according to the terms of the will or according to statute if there is no will. Probate clears the title to property, allowing it to be officially transferred into the names of the intended beneficiaries. Probate also prevents creditors from claiming property after probate has ended. Oregon currently has two types of probate, small estate probate and regular probate. Probate is a lengthy process involving a fair amount of paperwork and filing deadlines and should be handled by someone with knowledge of the legal principles involved.
Oregon’s residential landlord tenant law is contained in Chapter 90 of the Oregon Revised Statutes. The statutes are designed to protect both landlords and tenants. So long as they are not contrary to any statute, the terms of the lease between the landlord and tenant generally determine the rights and obligations between the parties. As a landlord, it is important to prepare a carefully-drafted lease, and as a tenant, it is equally important to know exactly how the lease affects your rights before signing.
Starting a business in Oregon requires consideration of Oregon’s many legal requirements and laws that govern the formation and operation of a business. A business may be in the form of a sole proprietorship, partnership, limited liability company (LLC), or corporation, and the advantages and disadvantages of each should be carefully considered. Among other things, a future business owner should be knowledgeable of a business’s registration requirements, any necessary licenses and permits, and the required tax obligations.
Services to Other Attorneys
If you are an Oregon attorney or law firm involved in the Oregon Foreclosure Avoidance Program and are based a good distance from Eugene, I can provide contracted legal services for you at a reduced, hourly rate and attend the required mediations on your behalf here in Eugene. This saves you time and money on travel to and from Eugene and allows you to concentrate on other business endeavors.