Until recently, it was quite clear in Oregon that a person could file for a divorce, even after a judicial settlement, and that the court could order something completely different in the divorce than was ordered or agreed on in the separation.
Some people wonder if they need a Will or other estate plan if they are ordinary middle class folks, or even people of moderate wealth, but who fall below the estate tax threshold.
Sometimes there is a situation where one side has filed a case in court first, and where the other side filed somewhat later, in another county, but achieved service on the first person first.
Some people decide not to have a Will because they expect to spend everything before they die.
While one can plan for this, sometimes death comes unexpectedly.
There might be a pandemic. Or, more prosaically, one might have a car accident.
In some circumstances, contacting Medicaid can start time clocks running.
In other cases, contacting Medicaid can stop a time clock.
A person can only file for a divorce in Oregon if the person or the person’s spouse has lived in Oregon for at least six months.
However, a person can file for legal separation immediately upon moving to Oregon.
If you and/or your spouse have non-joint children, that is to say, children who are not children of both of you, you need to know that if you die without a Will, the laws of intestacy in Oregon will result in half of your probate assets being divided equally among ALL of your children (includ
In some situations there is a question whether one is allowed to file a divorce case in Oregon. This can be an issue if you have recently moved to Oregon, or if your spouse lives out of state.
Some people wonder whether a Will is worthwhile, and worry about the cost.
Others wonder why they need a Will at all.
In general terms, Medicaid expects that a person who provides care for a relative does so for love and affection, and without the expectation of pay, either at the time of service or in the future.