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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
270 Questions Answered

Q. Passed without a will in Oregon. How do I become the executor?
A: This is a duplicate thread - here is my prior response: https://answers.justia.com/question/2017/10/17/my-brother-passed-without-a-will-but-wan-333705?utm_medium=email&utm_source=answers-answerer&utm_campaign=question-asked-subscription&utm_content=button-answer-question-1
Q. My brother passed without a will, but wanted me to be the executor of his estate.
A: First of all, a power of attorney has no power once the principle that signed the POA has died. Any document that expresses the decedent's preference for who should act as their Personal Representative can be shown to the court as an expression of the decedent's wishes for who should be appointed. The document can be a now expired Power of Attorney, a Will, or just some written document which states that they want a certain person to serve as the Personal Representative. If you don't have such a written document signed by the decedent then you just don't have it. At that point the court will look at Oregon Law that relates to the order of preference for appointing a personal representative. https://www.oregonlaws.org/ors/113.085 Even though your copy of the power of attorney was lost or destroyed, it may be possible to track down the files of the Attorney who prepared the power of attorney and get a copy which will be helpful if the POA does state that you are the preferred PR. You can also challenge the daughter's attempts to become PR and I suppose you could have the affidavits of your associates tendered in support of your challenge, but I don't have any prior experience doing a challenge this way so I can't really tell you if this will persuade the court or not. I suspect that court will appoint the daughter because she is going to be the primary heir to your brother's property absent a Will that states otherwise. (I am assuming that he wasn't married and didn't have any other children when he died.) You can't do anything about the fact that his daughter is his heir under the intestacy laws. https://www.oregonlaws.org/ors/chapter/112 That is the way it works if someone dies without leaving a Will. There is no way to try to explain your brother's stated wishes to the court and change this outcome. A person either takes affirmative steps to guide the devolution of their property at their death or the property is distributed according to Oregon Law. Would have, should have, could have, doesn't count.
Q. I was contacted on Facebook by a plasma donation center employee to try to date me using person info provided
A: You need to get help to change your Facebook Settings to make sure that your personal information is not visible to people you don't know. I am not an expert on privacy laws so whether or not you have a lawsuit I can't tell you. Generally speaking you need to prove economic damages to have a lawsuit and I don't see how this has damaged you economically. Maybe there can be damages otherwise, I don't know. But it would seem that this employee violated a fiduciary duty by contacting you for personal reasons without your consent. If you want to see this person get fired, then blow the whistle on them by alerting their boss and that will solve your problem as to future visits to this plasma center without making contact with this person. I would also report this to the police. This contact is very weird and it wouldn't surprise me if this person already has a history of stalking vulnerable people. The police might be able to tell you if this person has a history of criminal conduct. In which case you may need to take other steps to protect yourself, especially if this person gets fired and is angry at you as a result. It is unfortunate that you have to give plasma to get the money you need. If there is any other way to get assistance you might want to investigate that avenue.
Q. Is there a time limit on the length of time it takes to write the final document for a divorce?
A: It all depends on the circumstances of how the case was settled. I prefer to do family law settlements on the record in court to memorialize the terms of the agreement. That way, when there is a delay in the paperwork or a dispute, I can draft my own documents for my client and set a hearing date with the Judge and get a copy of the oral settlement that was done on the record to give the Judge. (Most courts have tape recorders and you can order the CD for about $10.00) The Judge will sign my documents even if the other-side objects as long as my documents accurately reflect what the parties said they agreed to when the agreement was oral and being recorded in the courtroom. If your agreement wasn't done in some way that you can prove all the terms of the final agreement, then you technically don't have a final agreement. You may have a partial agreement and the two attorneys are still hashing out the details. You either wait for them to finish or you ask your attorney to put the matter back on the docket for trial. (That will get the case done one way or another but it can be much more expensive and may not turn out with the terms you want as a Judge may decide the case in a different way.) It would seem that the problem isn't the final agreement but rather the cash flow to pay for the house while things are being hashed out. It is hard to comment on that because we don't know if the agreement provides for spousal support, child support, or payments toward the house, that are being delayed while the final agreement is being done. The best way to deal with this if there really is an agreement to pay certain bills is to ask your attorney to ask the other person's attorney to have their client start making payments. Otherwise, you might was well schedule a hearing for temporary support and get that support ordered while this matter is still pending a settlement.
Q. Can my 15 year old grandson move his 18 year old girlfriend in to my home without asking me
A: He can try but you ultimately get to decide who can be in your house. This assumes that your grandson is not a "renter" as defined by Oregon's landlord tenant law. I don't do landlord tenant law so if you might want to consult with a landlord tenant lawyer to see if your grandson has rights that would be protected under Oregon's landlord tenant law. Also, being a tenant doesn't always mean paying rent, it also applies to squatters. Assuming that your grandson doesn't have renter status, then you can ask the girlfriend to leave and if she doesn't call the police and let them take care of it.
Q. Is the mother allowed to take away a form of communication the father provides and pays for?
A: Writer - you are writing third person like you are the father's girlfriend and not the father. This issue is between the father and the mother - all other people should stay out of this and let the two of them figure out how to best parent their children. If the court needs to be involved to clarify the rules, then this matter should go back to court. There is no such thing as both sole custody and joint legal custody existing at the same time. It is one or the other. But regardless of which custody arrangement exists, when the daughters are with mom, it's moms time. There should not be a dedicated phone that the girls can use to call dad any time. Mother is right in taking away the phone. Instead of a constant line of communication with father while the girls are with the mother, there should be a set time everyday for a phone call with father where mother is not allowed to eavesdrop. Now this does not mean that mother's behavior is acceptable if mother is being abusive. I can't tell if that is the case. It could also be true that mom is at her wit's end because father is interfering with her parenting time and father trying to control the girls when they are with their mother. If abuse is suspected there is an abuse hotline that should be called to report it: http://www.oregon.gov/DHS/CHILDREN/CHILD-ABUSE/Pages/Reporting-Numbers.aspx
Q. Unmarried father, on birth certificate, want to move my sons back to Cali where both sets of gparents are. No court ordr
A: You really need to go and make an appointment with a lawyer and discuss this. Let's say you move to California tomorrow. Oregon will still have jurisdiction over the children for several months, possibly a year, and mother could file in Oregon and ask the courts to order that she gets custody. Eventually California will be the new home state and you can file there, but Oregon will still be the home state for sometime after you move. The law that controls jurisdiction is the UCCJEA, https://en.wikipedia.org/wiki/Uniform_Child_Custody_Jurisdiction_and_Enforcement_Act. Both California and Oregon have adopted this law. Read it.
Q. When I was 16 I didn't want to see my dad for the weekend. Is there a law about the child's rights when they are 14?
A: With respect to custody and parenting time there is no special age that gives the child the right decide anything. However a child can express themselves either by talking to a parenting time evaluator, or by having an attorney appointed to represent the child, and on rare occasions a child might testify as a witness. Judges feel that putting a child on the witness stand to evaluate their parents is emotionally destructive for the child. So having a child testify is rare. When a child does testify they will be evaluated by the Judge for their "competence" and "credibility" as a witness. Older, more mature children will probably do better as witnesses and a Judge will take that into account. Under Oregon Law when a guardianship or conservatorship proceeding is taking place which involves a minor, the law provides that the minor is legally entitled to get copies of all notices if the minor is age 14 or older. So in another area of the law, there are rules giving preference to minors age 14 or older for some legal procedures.
Q. The last one is about me the one with the child the little 6 year old girl I'm really lost my have no one to talk to and
A: Sorry but it is really hard to figure out what your question is and say anything helpful. This is what I can say, don't post any details of your case here on Justia because there really isn't any privacy here on the internet. Two, any time a case involves CSP and the Juvenile Courts here in Oregon, the parents have the right to request a court appointed attorney, so you should focus on asking for a court appointed attorney if you don't have one. If you are dealing with your own issues such as mental illness or drug or alcohol abuse, you can ask for services where you get help stabilizing your situation and often CSP will work to help you get stable and be reunited with your child. On the other hand if you are not able to reach a stable situation, one alternative would be either placing the child with someone else as a guardianship or possibly an adoption. If adoption is the only option you would ask that it be an open adoption so you retain visitation rights. I can sense that you are distraught and heart broken and I do wish you the best of luck in finding the good solution. Please, whatever you do, keep in mind that you have to put your daughter first and do what is best for her, even if that is not what you want.
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