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Joanne Reisman

Joanne Reisman

PortlandLegalServices.com
  • Estate Planning, Probate, Personal Injury...
  • Oregon
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Summary

Portland Legal Services specializes in Personalized Advocacy. This is a full service civil law firm. We cross specialize in several related areas of the law which means that we can offer you comprehensive solutions to difficult issues that require knowledge in several legal sub-specialties. We can help you with issues in the areas of: Family Law (Divorce, Custody, Support), Paternity, Bankruptcy (Chapter 7), Wills, Trusts, Estate Planning, Elder Law (Special Needs Trusts), Probate, Conservatorships, Guardianships, , Personal Injury, Auto Accidents, Small Business, Real Estate, and Civil Litigation. If you don't see your problem area listed here, please contact us to see if it is something we also cover. Please use the case evaluation link on our web page to get a free initial evaluation.

Practice Areas
  • Estate Planning
  • Probate
  • Personal Injury
  • Divorce
  • Bankruptcy
  • Elder Law
  • Family Law
  • Business Law
Additional Practice Areas
  • Car Accidents
  • General Civil
Fees
  • Free Consultation
    I will often do a free screening of a potential case. It is not technically a consultation but it can help you make the decision as to whether or not to proceed with a paid consultation. Please use the case evaluation link on our web page to get a free initial evaluation. http://www.portlandlegalservices.com/Case-Evaluation.html
  • Contingent Fees
    Contingent Fee arrangements are offered for Personal Injury cases.
  • Rates, Retainers and Additional Information
    Please use the case evaluation link on our web page to get a free initial evaluation. http://www.portlandlegalservices.com/Case-Evaluation.html
Jurisdictions Admitted to Practice
Oregon
9th Circuit
Languages
  • Spanish: Spoken
Professional Experience
Sole Practicioner
Joanne Reisman
- Current
Associate Lawyer
Shannon and Johnson
-
Associate Lawyer
Case and Dusterhoff
-
Associate Lawyer
Harrington Anderson and DeBlasio
-
Law Clerk
Darrel Lee Law Office
-
Education
Lewis & Clark Law School
J.D. / Law
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Honors: Am Jur Award Remedies
University of California - Los Angeles
B.S. / Business/Economics
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Honors: Cum Laude
Awards
Am Jur Award for Remedies
Northwestern School of Law at Lewis and Clark College
This award was for receiving the highest overall score in the class on remedies.
Professional Associations
Oregon Trial Lawyers Association
Member
- Current
Oregon State Bar # 833832
Member
- Current
Washington County Bar Association
Member
- Current
Multnomah Bar Association
Member
- Current
Publications
Articles & Publications
BANKRUPTCY LAW FOR FAMILY LAW PRACTITIONERS
The Family Law Section of the Oregon State Bar
Representing the Immigrant Client in Bankruptcy
Debtor-Creditor Section of the Oregon State Bar
Websites & Blogs
Website
Website
Legal Answers
168 Questions Answered

Q. modification for parenting time
A: It isn't clear what you object to, the new parenting time agreement or the sharing of medical expenses. It is normal for the parents to be ordered to share unpaid medical expenses but you probably want to make sure that this sharing has been correctly calculated. The child support calculator usually add on an extra charge for medical so you may be already paying "extra" for the medical expenses not covered by insurance. You should go over the calculation with your attorney or consult with a different attorney. As for the parenting time issues, no one is going to be able to comment based on the limited one sided comment you have posted here. There are obviously factors that your attorney considered that made your attorney feel that the new concessions were in your best interest, possibly to save money on attorney fees with further litigation. We just don't have all the details. So either sit down and talk to your attorney and try to figure out what went on and why, or get a new attorney. Please to not post additional details on the internet. There is no way to protect your confidentiality on a publicly viewable website.
Q. parents file for divorce and custody the same week. does child stay with whichever parent has had custody so far?
A: The court will prefer that the child continue to have the same living situation that was going on before the case was filed. This is called the "status quo". Sometimes there is a disagreement as to what the status quo is or was so there may need to be a hearing to figure that out. But it will be a lot cheaper if you agree that the child continues to live in the location and with the parent that they have been living with, and also agree to some plan for parenting time with the other parent. Many counties now have family mediation services that you can use to help come to an agreement on parenting time. It is always a good idea to have a private consultation with a lawyer before you file anything.
Q. my daughter is around someone who cannot have her own kids or be around them alone, what can i do?
A: You don't say if there is already a court order awarding you custody or establishing parenting time. You also don't tell us what the dates are for all these changes. You will have to get this in front of a court somewhere to establish custody and parenting time or to enforce and order that has already been issues. If an order was already issues, you need to deal with the original court that issued the order. If nothing has been filed, you have to figure out which State, Oregon or Alaska as primary jurisdiction to hear a case involving your daughter, and then file in that State. Your allegation about this other person is very vague, so there is simply no way to respond. You need to consult with a lawyer and discuss this matter in much more detail to figure out what you need to do. Please do not post further on Justia as you have no attorney client confidentiality here on Justia. You need to have a private consultation with a lawyer.
Q. If another person injured me on a ski slope can I hold the ski resort responsible too?
A: Read this article: http://www.chalatlaw.com/skilaw/ski-laws-by-state/oregon-ski-law/, then read ORS 30.970 to 30.990 https://www.oregonlaws.org/ors/30.970. Note that ORS 30.980 creates a requirement that the ski operator has to be notified of the injury in writing by registered or certified mail within 180 days of the accident and any lawsuit has to be filed within two years. Each statute has a tab that says "annotations". Pay attention to these tabs and click on them. Annotations are the summaries of relevant cases that interpret the statutes. Here is one page you should read: https://www.oregonlaws.org/ors/30.975 The summaries on this page indicate that if the accident is due to the inherent risks of skiing, the ski resort operator is not liable for damages but if it is dues to the negligence of the ski resort operator, you might be able to recover: Collision between skier and ski instructor employed by ski area operator was not collision with an­oth­er skier that skier accepts as inherent risk of skiing. Nolan v. Mt. Bachelor, Inc., 317 Or 328, 856 P2d 305 (1993) (Caveat: Keep in mind that new cases are decided faster then the owner of this website can update their pages so you will need an attorney to research if newer cases change what is published here.) So the answer to your question is MAYBE. You will need to consult with a lawyer that can help you review the current law and apply it to the facts of your situation. You will also have to establish that you either gave the required notice to the ski resort by registered or certified mail within 180 days or that there is still time to do this.
Q. What's my primary residence?
A: According to this article you can rent your FHA insured home once you have lived in it as your primary residence for one year. http://homeguides.sfgate.com/can-rent-fha-loan-3231.html I honestly don't know how accurate this article is so you probably need to confirm this with a HUD loan specialist. (I don't specialize in HUD loans.) What I can tell you is that there are all sorts of "due on" clauses in mortgages that are designed to protect the lender from a situation where the person they made the loan to is no longer the person living in the house, maintaining the house, and paying the loan. This comes up when there is a divorce and the spouse who isn't on the loan is awarded the house and takes over making the mortgage payments. This has been my professional experience: Lenders don't actively investigate properties with loans unless there is a problem that comes to their attention. Their goal is to make a profit on the loan and they are usually happy if the loan payments come in like clock work. Also you want to make sure that you are never late paying property taxes or your home owner's insurance as these delinquencies might get noticed by the lender and trigger an investigation. Moreover, the entire HUD program is a product of Federal Laws that were designed to help Americans find and afford housing. So your act of renting is providing housing to other individuals. I can't quote you the exact provisions of HUD that would apply at the moment, but years ago I was able to prevent a section 8 renter from being evicted from a HUD home that was in foreclosure by citing the Federal Laws that pertain to HUD loans. It seems that at the end of the day, any legal action taken with respect to a property with a HUD backed loan as to take into consideration the goal of HUD which is to provide housing. In the situation I mentioned, the agency handling the foreclosure sale had to offer the property for sale with the low income tenant still living their as a renter. A buyer did buy the property with the low income tenant in place (it was a duplex) and everyone was happy.
Q. I bought a condo in cash about 110 miles away from my primary residence for work.
A: If you are asking about what qualifies as a primary residence when you go to sell the property so you don't have to pay capital gains taxes, you will need to ask your CPA. This is a tax question. My basic understanding is that you have to have lived in the property for two out of the last 5 years before you sell it. But check that with your CPA. Also if you use a house as a rental and write off depreciation you may have to recapture your depreciation write-offs when you sell the house. Again, ask your CPA for a tax analysis. If you are worried about what is considered your primary residence for some other reason, you will need to post your question again and be more specific.
Q. father passed away his wife became executor. I live out of state executor sends paperwork.. cont
A: It is not clear if you reside in Oregon, or if you reside elsewhere and this probate is taking place in Oregon. But just understand that county records that are for property tax purposes may not reflect the proper value of the real estate. I would try looking on a commercial website such as Zillow.com and see if the value on Zillow is closer to what the executor is telling you. Because it is impossible to ask questions and correctly advise you in this type of forum, I think the best thing for you to do is consult with an attorney that practices law in the jurisdiction where your father's estate is being administered.
Q. How to make a relative who is no paying move out of my house?
A: Try looking for a landlord tenant attorney specifically to answer this question. I don't do landlord tenant law.
Q. Dad passed away. what can I do with his cars?
A: You mention a probate? If this is a small estate there probably isn't any need to do a probate. Probate in Oregon is not required by the law every time someone dies. You can often settle the estate without a formal proceeding. If you run into a challenge, like you can't access a bank account, then the second level of dealing with this would be a small estate's affidavit. Only if the amount of property exceeds the financial limits of what a small estate's affidavit can handle, would you need to consider a formal probate. Your first step should be to consult with an experienced attorney that handles probate and after death property transfers that don't necessarily include probate. If the attorney tells you that you can do this, you may be able to just seek to change the title of the cars by going to DMV. DMV will allow the people who would be entitled to inherit the cars, pursuant to a Will or Oregon's Intestate Statutes if there is no Will, to sign an affidavit indicating that they have the rights to inherit the cars. The DMV will charge a fee to change the title over. Now this is assuming that there are no loans against the cars. If there are loans DMV can't change the titles. Once the car's are out of your father's name you and your siblings can do what you want. Distribute the cars to one of you, sell them, give them away if they are junk, etc. Just make sure that whoever drives any of the cars first calls their insurance company and specifically adds the car to their policy so that the car and the driver is covered if there is an accident. Again, I strongly recommend that you consult with an attorney first as you don't want to go to DMV if you need to do a probate or a small estate's affidavit. You need to figure out with legal advice what the best plan is.
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Telephone: (503) 222-7401