Blog

Eviction Moratorium: Oregon and Multnomah County

As the Coronavirus runs rampant, residential evictions have come screeching to a halt in Oregon. Below is an explainer of emergency rules imposed both at the State level and within Multnomah County specifically, which has issued additional rules on evictions and rent payments that both landlords and tenants should be aware of. Because information regarding the pandemic changes quickly, this information is current as of March 26, 2020. State Moratorium&nbsp […]

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How to Protect Yourself from Elder Abuse

How to Protect Yourself from Elder Abuse Some time ago I wrote about how family members can spot and report suspected elder abuse.  In that article I shared some statistics reported by the National Council on Aging and other agencies that bear repeating here: 1 in 10 people aged 65 or older have experienced some form of abuse.An estimated 5 million elder Americans are abused each year.Only about 1 in 24 cases of elder abuse of any type are reported.For financial abuse it’s e […]

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4 Reasons to Make a Will that Have Nothing to Do with Your Assets

In law school one of my professors told my class there are three basic rules underpinning all estate planning: Everybody dies.When you die, other people get your stuff.Without a will or other estate plan, the law says who gets your stuff. I don’t think anything in the law has ever been explained to me more simply.  And, while I love recounting these rules to potential estate planning clients as a way of lightening what can be a difficult conversation for some to have, I gene […]

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New Scam Targeting Oregon Businesses

The Oregon Secretary of State Corporation Division sent out the following alert today: The warning also reminded businesses that official correspondence from the Corporation Division will always contain the following three items: An image of the Oregon state seal; The words, “Secretary of State Corporation Division; and Our phone number: 503-986-2200Targeting businesses with false compliance schemes is a common practice. So keep your eyes out! And if you ever hav […]

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HB3007 and Changes to Oregon’s Small Estate Process

Though different in form, like many of our western neighbor states Oregon offers a simpler, more streamlined alternative process for settling the more modest estates of some decedents.  Oregon’s “small estate affidavit” allows for the transfer of property of a decedent to the heirs if intestate (where there is no will) or devisees if testate (where there is a will), when the property subject to probate totals no more than $275,000 in value, $200,000 of which can be Oregon real p […]

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Elder Abuse and What You Can Do About It

Elder Abuse StatisticsThe National Council on Aging and other organizations and government agencies report that approximately 1 in 10 people aged 65 or older have experienced some form of abuse.  Estimates range as high as 5 million elder Americans are abused each year.  Yet, data also indicated that only about 1 in 24 cases of elder abuse of any type are reported to any agency.  For financial abuse specifically, it is estimated that only 1 in 44 such cases are reported.Abusers ar […]

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Planning for Your Digital Assets

In 2016, Oregon became the first state to adopt a version of the Revised Uniform Fiduciary Access to Digital Assets Act (“RUFADAA”), which became effective January 1, 2017.  The purpose of this legislation is to make it easier for people to grant designated individuals access to personal online records and accounts after they pass.  As we continue to live more and more of our lives in the virtual world of the internet (via Facebook, Twitter, and other social media, email, online bankin […]

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Portland Home Energy Score Program Imposes New Duties on Sellers of Single-Family Homes

​Beginning January 1, 2018, all sellers of single-family homes in Portland city limits will be required to comply with the Portland Home Energy Score Program. The Program has been codified by the Portland City Council in City Code, Chapter 17.108 and is administered by Portland’s Bureau of Planning and Sustainability. The broad purpose of the new requirement is to give home-buyers more information in their purchasing decisions, and to promote the City’s and State’s e […]

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The Myth of “the Estate’s Attorney”

One of the most common misconceptions I routinely encounter in law is, in probate and estate administration, the notion that the attorney for the personal representative (“PR,” also called the executor) or the trustee is “the estate’s attorney” and is looking out for the interests of all the heirs and beneficiaries.  Nothing could be further from the truth.Conflicts of Interest and the Attorney’s RoleIt seems to go without saying, yet is so often confused, that the PR’s attorney is only the […]

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How to Respond to a Small Claims Lawsuit

So, you’ve been served and find yourself as a Defendant to a Small Claims lawsuit.  What now?  This article will provide you with basic information about Oregon’s small claims courts and your options in responding to the claim. What is Small Claims Court? Small Claims Court is a simplified venue for resolution of civil cases in which the amount of money or value of property in dispute is $10,000 or less.  Ordinary court rules regarding evidence do not apply, […]

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