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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.

We offer a free case evaluation where you can communicate confidentially with Joanne Reisman, Attorney at Law, by email and find out if we can help you with your legal problem before you make an appointment for a paid consultation. If there is a free or low cost solution that we can think of we will gladly share this with you.

Please use the following link to the Portland Legal Services website for instructions on how to email us for a free case evaluation: https://www.portlandlegalservices.com/Case-Evaulation---Free.html

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 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. If your problem has a solution that doesn't require the assistance of an Attorney I will share this with you as part of my case evaluation. Please use the following link to to my web page for instructions on how to email me for a free case evaluation: https://www.portlandlegalservices.com/Case-Evaulation---Free.html
  • Contingent Fees
    Contingent Fee arrangements are offered for Car Accident cases and Personal Injury cases.
  • Rates, Retainers and Additional Information
    Please use the following link to to my web page for instructions on how to email me for a free case evaluation: https://www.portlandlegalservices.com/Case-Evaulation---Free.html
Jurisdictions Admitted to Practice
Oregon
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9th Circuit
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Languages
  • Spanish: Spoken
Professional Experience
Sole Practicioner
Joanne Reisman
- Current
Associate Lawyer
Shannon and Johnson
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Associate Lawyer
Case and Dusterhoff
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Associate Lawyer
Harrington Anderson and DeBlasio
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Law Clerk
Darrel Lee Law Office
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Education
Lewis & Clark Law School
J.D. | Law
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Honors: Am Jur Award Remedies
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University of California - Los Angeles
B.S. | Business/Economics
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Honors: Cum Laude
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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
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Oregon State Bar # 833832
Member
- Current
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Washington County Bar Association
Member
- Current
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Multnomah Bar Association
Member
- Current
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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
Blog
Suing public bodies as defendants in Automobile Accident Cases, the importance of Tort Claims Notices
Blog
Recreational Marijuana use by a parent and related considerations in child custody disputes.
Blog
Property Division and Unmarried Couples, a Cautionary Tale!
Blog
Tax refunds and Bankruptcy
Blog
Changes in Oregon Insurance Law in 2016 now allow you to get the full benefit of your UM/UIM insurance coverage.
Blog
Getting a Creditor to Report That You Paid or Satisfied a Judgment Against You!
Blog
Modifying Child Support
Legal Answers
707 Questions Answered

Q. What can i do if non custodial parent won't return child at end of court agreed upon visitation time in oregon.
A: This is typical of the police but sometimes they are much more helpful if you have a certified copy of the Judgment and parenting plan which leaves no doubt that you are entitled to have the child at that point. There can still be a problem if it isn't clear that you get the child at that time. For example if the parenting plan (ordered by the court) says parent A is the custodial parent and parent B has the child the first and third weekend of each month - then it is clear when the child is with either parent. But if instead it says that parent B has the child every other weekend, there is no certainty as to which weekend in the rotation you are dealing with. Your options are to take the matter back to court. Courts are operating on a reduced basis but they are still allowing you to file. There is something called a writ of assistance which is like a warrant that the court can sign and then you can use that to get the police to assist you. You can also file to enforce parenting time or to modify custody and parenting time. Here is the more practical solution. Hire an Attorney to contact the mother for you by phone or letter and explain what the consequences are going to be if the child isn't returned by a certain date. But be prepared to pay the Attorney to follow through with the appropriate court filings if mother chooses to ignore this. Also it might be a good idea to figure out why the mother is doing this. Many parents are afraid of the pandemic right now so fear is driving their behavior. We don't know if that is a factor in your situation so that is something to discuss with your Attorney.
Q. If a divorce decree relinquishes rights to property does that person have rights if former spouse didn't file quitclaim?
A: Not sure which parent you are asking on behalf of. But the parent you are concerned for needs to be the one to investigate this issue. First, they need to read the Divorce Decree and see exactly what it says. If it identifies the property by stating the legal description and clearly identifies who the property was awarded to, that is effectively a transfer of the property. No additional deed is needed. But if the decree isn't clear or uses a street address and not a legal description, it may be ineffective to transfer the property. Also if there is a mortgage that both parents are liable for, the mortgage company doesn't care what the divorce court did or ordered. Both people are still on the hook for the mortgage so it is foolish to transfer the rights in the property without making sure that the outgoing owner has been relieved from the mortgage obligation. This usually requires paying off or refinancing the mortgage.
Q. Can my ex file for custody after i have had sole custody for 2yrs?
A: Extremely unlikely. A change of custody requires proof of a SUBSTANTIAL change of circumstances. Honestly I have never heard of an employer saying that in order to attend to a sick child and not lose one's job one has to have custody. I would suggest that you and he contact BOLI, Oregon's Bureau of Labor and Industries and get a handle on what the employment laws of Oregon have to say about this. This sounds more like an employment law issue. If there is something to his claim, although I doubt it, you could both file a stipulated parenting plan that clearly states that in times of an emergency sickness or illness father can equally participate in the child's medical care or something like that. Honestly non-custodial parents already have a lot of rights under Oregon State Law to participate in both the child's medical care and education. Share this law with your ex and tell him to share it with his employer: https://www.oregonlaws.org/ors/107.154
Q. I can still be the PR for my moms estate if ive been convicted of a felony but had my record expunged & cert of rehab
A: That would be up to the court. You would need to disclose the details in the Petition. It also would depend as to whether anyone else wants to apply or if they object to your appointment. The court is likely to require a bond so you might want to make sure that you can be bonded.
Q. Can I stipulate in my will that the house, which is in my name, cannot be sold, but husband can continue to live there?
A: What you want to do is create a life estate for your husband and have your children be the remaindermen who get the house. It sounds like a good idea but it can create problems. For example if your husband has to go into skilled nursing care someone will have to rent the house and use the rental money to pay for his nursing home care as his life estate has value that medicaid will count as a resource. Another problem is that he needs to be able to pay the property taxes, the insurance, and do the repair and general up keep on the house. If he fails to do any of these thigs they value of the house is diminished or possible destroyed. Other issues you might be facing is that Oregon gives a spouse a right to an elective share in their spouse's estate. So if you don't leave him other property sufficient to equal his elective share, he might be able to defeat your bequest in a Will. Often it isn't realistic to expect to have property left over for your children as your spouse may need what you leave to him just to survive. If you are fortunate enough to have sufficient wealth both take care of your spouse and leave something to your children, you might consider setting up an estate plan that does exactly that at your death. You are going to need to talk to an Attorney to sort this out.
Q. My child’s mother and I are unmarried. After paternity is established (DNA TEST), how is custody established?
A: Paternity when the mother is still married to another man can be tricky. I suggest you read this statute and talk to an Attorney. https://www.oregonlaws.org/ors/109.070 You don't have any rights to custody or parenting time until paternity is established.
Q. How do I setup a conservatorship?
A: You need a California Estate Planning and Elder Law Attorney. Any property that goes to your father my be subject to a Medicaid lien for the cost of his care if he is using Medicaid to pay for his care. If the property was in his wife's name only, then it will pass to her devisees if she had a Will. If she didn't have a Will it might pass back to her surviving husband and might have a Medicaid lien attach. Talk to a California Attorney.
Q. If someone files bankruptcy to stop home foreclosure but passes away before it's final, what happens to the home?
A: The bankruptcy ends when the person who filed dies. The house not having been foreclosed now belongs to who ever inherits the deceased owner's interest in the house subject to other claims by the deceased owners creditors which may or may not require a probate to sort out. Any foreclosure processs that wasn't already completed will need to now give notice to the new owners or the personal representative of the deceased owners estate. Whether or not the heirs or devisees can take over the mortgage will depend on many factors. First the mortgage still needs to be caught up if it is delinquent and the lender is not required to wait around for that to happen. The mortgage may specify what happens to the loan when the borrower dies so you have to read the mortgage document. It is common for mortgage companies to work with a surviving spouse so they can keep the house and continue to pay the mortgage. I am not sure if this works as well for relatives who are not a surviving spouse but there may be a way to do this. The biggest hurdle is going to be catching up the mortgage so it is current. I highly recommend that you go and talk to a lawyer as soon as possible because in these types of situations the sooner you figure this out the better.
Q. My sister's husband died he was the only one on the title and the loan of the house. She doesn't know what she is to do
A: She needs to talk to a lawyer who can help her figure out if she inherited the house either because of Oregon's intestacy laws if the husband didn't have a Will or because the Husband did have a Will. If there were no step children by the husband and he didn't have a Will, the intestacy Laws would make the house hers by law. As for the mortgage, in my experience mortgage companies will let the widow of the borrower continue to pay the mortgage. Assuming she figures out that she inherited that house, and she has sufficient funds to pay the mortgage, she should just keep sending in the payments. If she can't afford the mortgage, she needs to figure out her best plan which might be selling the house. Just tell her to talk to a lawyer.
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Contact & Map
Portland Legal Services
8835 SW Canyon Lane Suite
Suite 301
Portland, OR 97225
USA
Telephone: (503) 222-7401