The Law Offices of Paul F. ShermanThe Law Offices of Paul F. Sherman2025-03-31T11:36:50Zhttps://www.paulfsherman.com/feed/atom/WordPress/wp-content/uploads/sites/1100147/2020/06/cropped-Favicon-mew-32x32.pngby Paul F. Sherman<![CDATA[How Do I Probate a Simple Estate?]]>https://www.paulfsherman.com/?p=484932024-09-27T20:08:13Z2024-09-27T20:08:13ZPursuant to ORS 114.505–114.560, the Probate Code provides a simplified procedure for transferring personal property and real property, within specified monetary limits, to those who claim the right to succession to the property. A simple estate may be probated quickly by means of an affidavit filed with the probate clerk.
We can help you probate your Simple Estate. Call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free consultation.THE EXPERIENCE YOU NEED TO PROBATE YOUR SIMPLE ESTATEThe Simple Estate affidavit provides an economical and time-saving approach for settling estates with minimal assets. If a decedent’s assets that would otherwise be subject to a regular probate are within the monetary limits, the small estate procedure avoids the necessity of proceeding through the full probate process to transfer the decedent’s assets to their proper recipients. The Simple or Small Estate procedure is often useful when the decedent owned substantial nonprobate property and also owned either a minimal amount of personal property or some real property that requires a transfer of ownership. The purpose of the affidavit procedure is to expedite transfers of the decedent’s property to beneficiaries in lieu of formal probate administration. This is a fast and cost effective procedure to transferring personal and real property.Pursuant to ORS 114.510(1), an estate qualifies for the small-estate procedure only if (1) not more than $75,000 of the fair market value of the estate is attributable to personal property; and (2) not more than $200,000 of the fair market value is attributable to real property.An estate also qualifies for the simple-estate procedure if the decedent died testate and (A) Not more than $75,000 of the fair market value of the estate is attributable to specifically devised personal property; (B) Not more than $200,000 of the fair market value of the estate is attributable to specifically devised real property; and (C) The balance of the fair market value of the estate is attributable to property that is devised to the trustee of a trust of which the decedent was a settlor, as defined in ORS 130.010, and which came into existence prior to the decedent’s date of death.The determination of fair market value under ORS 114.510(1) is made as of the date of death, if the simple-estate affidavit (or, for affidavits filed before January 1, 2024, the small-estate affidavit) is filed within one year after death. ORS 114.510(2). If the affidavit is filed more than one year after the date of death, the fair market value must be determined as of a date within 45 days before the affidavit is filed. ORS 114.510(2)(b).You will need a certified copy of the decedent’s death certificate to confirm the date of death and must wait 30 days after the death to file the affidavit with the probate court. The Small Estate affidavit must be filed with the probate court clerk in the county where the decedent died or was domiciled or resided at the time of their death. The affidavit can also be filed in the county where the decedent’s property is located. If the decedent died testate, their original last will and testament must be filed along with the affidavit and certified copy of their death certificate. The filing fee for a Small Estate affidavit is $124.00 in Oregon. The affidavit must be notarized by a court clerk or notary public before being filed.Once a properly prepared Small Estate is successfully filed, the court will allow the distribution of the assets to the appropriate heirs and creditors without any further need for probate.LET US HELP YOU PREPARE YOUR SIMPLE ESTATE AFFIDAVITWe know you have questions and we have answers. If you would like more information on preparing a Small Estate Affidavit or more complex probate estates call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free consultation.
]]>by Paul F. Sherman<![CDATA[What are Estate, Gift, and GST Taxes?]]>https://www.paulfsherman.com/?p=484912024-04-23T19:48:28Z2024-04-23T19:48:28ZContact Us for a free estate planning consultation.
The IRS imposes taxes on gratuitous transfers of property made during lifetime (gifts) or at death (bequests/devises) that exceed certain exemption limits. Gift taxes are imposed on transfers during lifetime that exceed the exemption limits, and estate taxes are imposed on transfers at death that exceed the exemption limits. The generation-skipping transfer (GST) tax is imposed on transfers to grandchildren and more remote descendants that exceed the exemption limits so transferors cannot avoid transfer taxes on the next generation by "skipping" a generation. The GST tax is levied in addition to gift or estate taxes and is not a substitute for them.
The gift, estate, and GST tax exemptions were increased by Congress to $10 million through 2025. Congress has also provided an adjustment for inflation. An individual can transfer property with value up to the exemption amount either during lifetime or at death without paying any transfer tax. As such, any portion of the exemption used during lifetime reduces the amount of exemption available at death for estate tax purposes. The GST exemption essentially allows the earmarking of transfers, made during lifetime or at death, that either skip a generation or are made in trust for multiple generations. Certain gifts are not applied toward the exemption, such as “annual exclusion” gifts and direct payments to medical or education providers, and can be made completely tax-free.
Transfers between spouses and to certain trusts for spouses, made during lifetime or at death, may be made without the imposition of any tax. These transfers also do not use any exemption. This is known as the “unlimited marital deduction.”
As of 2011, the $10 million inflation adjusted estate tax exemption is "portable" between spouses. A surviving spouse may take advantage of a deceased spouse's unused exemption (DSUE) through lifetime gifts by the surviving spouse, or at the surviving spouse's later death.
This means that prior to 2026 no transfer tax is assessed on estates up to $11.18 million for individuals and $22.36 million for married couples, assuming no lifetime gifts other than annual exclusion gifts or certain transfers for educational or medical expenses were previously made.
Given the large $10 million base amount that is indexed, the annual increases in the exemption amounts are likely to be substantial, even when inflation is not particularly high. This will create new planning opportunities. First, for taxpayers who fully use their exemption in any given year, there will be a significant new exemption available the next year. Second, for the first time, the growth in the exemptions will enable taxpayers whose estates grow to remain protected from the imposition of transfer tax.
With the new high exemptions, most people will no longer be subject to the federal estate tax. Nonetheless, estate planning is necessary. Federal estate, gift and GST taxes are but one component of the myriad of issues addressed in the estate planning process. In addition, many states now impose state estate tax, and the state estate tax exemption, if any, may be much lower than the federal exemption. The most common state estate taxes are based on a specified percentage of the federal estate tax. Some states impose an inheritance tax tied to the family relationship between the decedent and the recipient of property from the estate.
CONTACT THE LAW OFFICES OF PAUL F. SHERMAN FOR EXPERT ADVISE ON YOUR ESTATE PLANNING
We offer competitive low cost flat fee estate plans to our clients, including a simple Will, Durable Power of Attorney and an Advanced Medical Directive. We also offer affordable complex estate planning and litigation support.
We know you have questions and we have answers. If you would like more information on preparing a will or estate planning call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free estate planning consultation.]]>by Paul F. Sherman<![CDATA[Top Financial Mistakes To Avoid During A Divorce]]>https://www.paulfsherman.com/?p=481582023-09-12T12:00:22Z2021-12-03T20:26:51ZFace it, divorce is a gut-wrenching experience at best. Often our clients are blind sided by infidelity or given an “I’m not in love with you anymore” speech from the person they expected to be their partner for life. The grief is profound and paralyzing. Nonetheless, you are somehow expected to pull it together and make important financial decisions that may affect you your family the rest of your life.”
We can help with your divorce. Call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free divorce consultation.One of the best ways to regain your sense of self identity is to minimize the financial damage of a divorce and place yourself in the best possible position to start over. Here are a few mistakes you should avoid during the divorce process:AVOID RUSHING TO GET THE DIVORCE OVER Often clients want their soon-to-be-ex out of their lives as quickly as possible. This is especially true when the divorce involves physical, emotional or financial abuse.The problem with rushing the divorce process is it can lead to an unfair division of assets for the more vulnerable spouse. People often take advantage of the other party’s desire to get things over with quick and convince them to leave the relationship quickly with less than they deserve and without the support they need to start over.Marriage, especially one that is long-term, creates a complex legal and intermingling that can be difficult and painful to sort out. Preliminarily, we encourage our clients to ensure their safety. After that, it is important to go through the proper steps of the dissolution process and to locate and properly value all of the assets and liabilities with the assistance of skilled professional help.REFUSING TO ATTEMPT MEDIATION OR ARBITRATION. Alternative Dispute Resolution (ADR) is often an effective manner to resolve issues presented by a divorce. This is especially true with the assistance of counsel. Mediation and arbitration are two types of alternative dispute resolution that often lead to successful results.ADR often allows each spouse to retain more control over the outcome of their case and to keep family matters private rather than leaving the decision to a judge and allowing the details of your marital estate to be placed in public court records. Our offices can help you properly work your case up to obtain the best possible settlement for your case. IMPROPERLY VALUING MARITAL ASSETS AND LIABILITIES. Large marital estates and complex assets present special problems. Property can be valued in different ways. It is important to seek professional advice regarding valuation of major assets and liabilities to insure they are divided fairly. A mediator, arbitrator or settlement judge can then examine the valuation and help insure a fair division.It may also be necessary to determine the change in value of a marital asset that has changed in value during the marriage. This is especially true with regards to assets purchased prior to the marriage and then contributed to by both spouses during the marriage. A common example is the family home. Our offices can help you obtain what you are entitled to with regards to these assets.FAILING TO LOCATE HIDDEN ASSETSOften our clients have been married to an over-controlling spouse who maintains control over all of the parties’ assets. Here it is especially important to have assistance in discovering hidden assets or other monies that are not included in the marital estate. Often one spouse attempts to keep more than their fair share of marital assets in a divorce. Having an attorney who specializes in the discovery of hidden assets can help you obtain what you are entitled to in a divorce. This is especially true in larger estates with complex property issues such as retirement accounts, stock options, family owned businesses and the like.Our office can also obtain a court order requiring your spouse to produce documentation with regards the marital estate. With proper assistance, financial institutions will be required to produce records held in separate accounts.TAKING AN UNFAIR SHARE OF MARITAL DEBTS.Often a person facing divorce will overlook or take an unproportionate share of marital debt to get a divorce over quickly. This can lead to financial ruin and bankruptcy.It is important to have a solid understanding of the marital debt incurred by the parties. It is unfair to be saddled with inappropriate spending by the other spouse. Obtaining copies of each spouse’s credit report will often uncover hidden consumer debts such as credit cards, auto loans, student loans, personal loans and mortgage debt. Identifying hidden marital liabilities and tax consequences is essential so that marital debt can be allocated appropriately to avoid liability on debts incurred by your spouse. Often our clients have no idea the debt even existed. It is essential to uncover these problems then allocate the marital debt properly.FAILING TO OBTAIN YOUR FAIR SHARE OF RETIREMENT ASSETS. Spouses commonly have their own retirement accounts. There may be significant differences in the amount of assets in each account. This is especially true where there is a large disparity in the income/earning capacity of one spouse over the other. The use of a qualified domestic relations order allows the court to divide retirement plans fairly in the divorce. Proper division of retirement assets is essential to avoid early withdrawal penalties and tax consequences that can occur with improper planning and distribution. As a general rule, parties to a long-term marriage are entitled to 50% of the other parties’ retirement benefits accrued during the marriage. This can be a substantial sum of money. It is important that the value of the asset be identified and properly valued to obtain a fair result.FAILING TO CONSIDER THE LONG-TERM CONSEQUENCES OF SPOUSAL AND CHILD SUPPORTDivorcing couples must consider the long-term consequences of spousal support and child support to ensure long-term financial stability. Thinking long term is especially important where there is large disparity in earning capacity between the parties or one of the parties is disabled and unable to work. ATTEMPTING TO HANDLE YOUR OWN DIVORCEFace it, handling your own divorce is a terrible idea. Regardless of your education, attempting to handle complex legal and financial matters that you are not an expert in will produce disastrous results. Other important assets are not properly divided or are not included in the divorce judgment. These failures can have a significant affect on your future and often cannot be remedied after the fact.Our offices can help you get a fair result. Even in an amicable divorce, it is important to have professional advice to ensure that all assets and liabilities are accounted for and included in the divorce documents.CONTACT PAUL F. SHERMAN FOR EXPERT ADVICE ON YOUR DIVORCE CASE AND GET THE RESULTS YOU AND YOUR FAMILY DESERVEThis may be your first divorce. At the Law Offices of Paul F. Sherman, we have over thirty years of experience in handling divorce and family law matters. We are experts in helping our clients obtain the best possible outcome for their cases. We know the latest developments in family law and have substantial experience how the law is applied to your specific case. We know what to expect from the court system. We know what it takes to get your case handled correctly. You do not have to go through one of life’s hardest experiences alone. We know you have questions and we have answers. If you would like to know more about the dissolution process, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free divorce consultation.
]]>by Paul F. Sherman<![CDATA[What is the Cost of Probate in Oregon?]]>https://www.paulfsherman.com/?p=481532021-11-23T19:01:51Z2021-11-23T18:38:37Z
The size and the complexity of the estate
Whether or not any heirs will contest the Will
The existing Estate Plans that are in effect
Whether the estate will involve litigation
We can help you with your probate case. Call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a fee probate consultation.
What are Common Probate Fees in Oregon?
There is a wide range of fees and costs in probate depending on the size and complexity of the estate. There are filing fees for all probate proceedings. These fees are based on the dollar value of the estate and are set by law. Probate costs often include:
Court and filing fees
Surety bonds
Attorney fees
Personal Representative compensation
Various professional fees (Appraiser, Land Surveyor, CPA, etc.)
How Long Will It Take to Probate the Estate in Oregon?
Probate in the state of Oregon will take a minimum of four months. Larger more complex estates may take a year or longer to conclude. The process begins with the filing of Petition and ends with a Final Accounting. The Court has strict guidelines for the process. Complications arising during the process could extend the time necessary complete the Probate.
How Much Does a Probate Lawyer Cost in Oregon?
The final cost of attorney fees will depend on the size and complexity of the case. Probate cases are generally handled by the hour. The cost will depend on the number hours required to complete the case and hourly rate of your attorney. Attorney’s fees are paid out of the estate and must be approved by the Court. Large firms charge as much as $450 an hour for complex estates. Smaller firms with experienced probate lawyers or sole practitioners who specialize in probate will charge less and are an effective resource. A Simple probate will cost around $2,500, but an average is closer to $3,000 to $5,000 and up depending on the size and complexity of your case.
Can I Avoid Probate in Oregon?Proper Estate Planning is essential to avoid Probate. The probate process is time consuming. It can be taxing both emotionally and financially and can be eliminated through careful planning. Probate may be avoided by:
A well drafted and properly funded Living Trust
Holding title to property by Joint Tenancy, Tenancy by the Entirety; or Community Property with a right of Survivorship
Establishing accounts as TOD or POD (Transfer on Death; Payable on Death)
Keeping beneficiaries up to date
Staying below the Small Estate threshold
What is the Small Estate Threshold in Oregon?
Oregon law provides for a simplified estate process for a “Small Estate” when the estate has a fair market value of $275,000 or less of which no more than $200,000 can be in real estate and no more than $75,000 can be personal property. In the current real estate market, very few estates with homes or other real property will now qualify as small estates.
Contact Paul F. Sherman for Expert Advice on Your Probate Case and Get the Results You and Your Family Deserve
The Law Offices of Paul F. Sherman has decades of vital experience in handling probate and intestate estates. You do not have to face the complexities of probate alone.
We know you have questions and we have answers. If you would like more information about probate or intestate estate administration, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free probate consultation.]]>by Paul F. Sherman<![CDATA[Using Family and Living Trusts in Your Estate Plan]]>https://www.paulfsherman.com/?p=481482021-11-16T18:25:38Z2021-11-16T18:25:23ZContact Us for a free estate planning consultation.
What are the Benefits of Placing Assets in a Trust?
Assets placed in a well drafted trust are protected from the Probate Court. Trusts are essential to avoiding the exorbitant cost of probate court and can reduce estate and gift taxes. A well drafted trust will ensure your family’s privacy and avoid the publicity of probate court.
Trusts can also provide better protection of your assets against creditors and lawsuits. A properly drafted trust will allow you to distribute your estate to your intended beneficiaries in any manner you see fit. Trusts can also be used to place conditions on how and when the assets of your estate are distributed when you die.
What Is a Family Trust?
A Family Trust is an estate planning device that is often used to create a financial legacy for your family. Family trusts are a type of living trust. The trust can be “revocable” or “irrevocable” depending on your needs and the estate planning strategy that works best for you and your family.
Family Trusts are used to manage your assets on behalf of your beneficiaries. Family trusts are flexible and the conditions for your planned distributions can be based on any number of goals or milestones. For instance, your child can receive a set amount on graduating from high school or college, getting married, having children or on a specific age.
Family trusts are also used to provide for a child or family member who has special needs. Family trust assets are excluded from Medicaid eligibility guidelines which is an additional benefit for many families. This allows a family member to get the care they need without having to deplete the trust assets.
What Is a Living Trust?
Living trusts are an estate planning tool which can eliminate the requirement of probate when you die. Living trusts save money by avoiding expensive and time consuming probate court costs and expenses. Accounting to the probate court can be literally be an ordeal and cost thousands of dollars. Family trusts can also be used to reduce estate and gift taxes. Again, the trust can be either revocable or irrevocable depending on your needs.
Once the living trusted is established, you will transfer your assets into the trust to be distributed according to your wishes when you die. The majority of our clients retain control of their assets during their lifetime. The trust will then name a successor to manage the trust and distribute your assets to the named beneficiaries.
A living trust can be used to leave your estate to anyone you choose. The potential beneficiaries include family members, friends, charities, schools, foundations, pets and anyone else you would like to share in your estate. A living trust can also be used to specifically deny an inheritance to anyone.
A well drafted trust avoids family conflict by stating your wishes in clear terms and setting forth your specific intent for the distribution of your estate. A living trust can virtually eliminate the ability to “contest’ the estate plan you have made.
What are the Key Differences Between Family Trusts and Living Trusts
Family trusts and Living trusts are both valuable estate planning tools and offer protection and benefits for your assets. Some of the key differences between them include:
Living trusts allow you to decide how assets are handled before and after death. The grantor of a living trust is usually the trustee for the estate. As such, you as the grantor will control the assets that are held in trust for the rest of your life. When you as the grantor die your assets are distributed according to you written wishes in the trust agreement
Family trusts are designed to continue beyond the grantor’s life. A family trust has an extended lifespan that allows the trust to distribute assets based on designated milestones (ie., marriage, having children). Family trusts are used to maintain the family legacy. A family trust can also fund the special needs of a loved one for the remainder of their life.
Living trusts expand the potential beneficiaries of the estate. A living trust can distribute assets to anyone who is named as a beneficiary when you die. The beneficiaries can include family, friends, charities, alma maters, pets and others. On the other hand, family trusts are designed to benefit only the family members of the grantor.
You Should Have a Well Drafted Trust for Your Estate
A well drafted trust is a good choice for almost every estate. A trust allows you to avoid family conflict by having a clear plan for the distribution of your estate. It allows you to distribute your hard earned money in the manner you choose. A well drafted trust allows you to eliminate probate court and provides for a timely disposition of your assets.
A well drafted trust allows you to control your estate “from the grave” by establishing clear rules for how money is distributed after your death. Trusts are an important tool for the care of family members with “special needs” and allow you to continue to care for someone for the rest of their life. A well drafted trust allows you to maintain control over the distribution of your estate.
We Can Help You and Your Family With Your Estate Planning Needs
Having a well drafted a trust is a recommended strategy to protect your assets and control the distribution of your estate. We offer competitive low cost flat fee estate plans to our clients, including a simple Will, Durable Power of Attorney and an Advanced Medical Directive. We also offer affordable complex estate planning and litigation support.
We know you have questions and we have answers. If you would like more information on drafting a trust or estate planning call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Usfor a free estate planning consultation.]]>by Paul F. Sherman<![CDATA[How Can I Get Emergency Custody Of My Child During the Corona Virus Pandemic In Oregon?]]>https://www.paulfsherman.com/?p=481202020-08-26T23:19:13Z2020-08-26T23:19:13ZContact Us for a free consultation.
YOUR CHILD MUST BE IN IMMEDIATE DANGER TO OBTAIN EMERGENCY CUSTODY
Oregon has two emergency custody statutes. The difference is the timing of the request, the first statute applies to situations occurring before a final judgment is entered in the case, and the second statute is used after a final judgment has been entered in the case. Your child must be in immediate danger to obtain emergency custody.
ORS 107.097(3) provides that:
(a) A court may enter ex parte a temporary order providing for the custody of, or parenting with the child if:
(A) The party requesting an order is present in court and presents an affidavit alleging the child is in immediate danger; and
(B) The court finds, based on the facts presented in the party’s
testimony and affidavit and in the testimony of the other party, if
the other party is present, that the child is in immediate danger.
(b) The party requesting an order under this subsection shall provide the court with telephone numbers where the party can be reached at any time during the day and a contact address.
Once a general judgment of divorce or final custody determination has been made, a motion for temporary emergency custody must be made under ORS 107.139, the post-judgment emergency custody statute.
ORS 107.139 provides in pertinent part:
Following entry of Judgment, a court may enter an ex parte temporary order providing for the custody of or parenting
(1)(a) Following entry of a judgment, a court may enter ex parte temporary order providing for the custody of, or parenting time with, a child if:
(A) A parent of the child is present in court and presents an affidavit alleging that the child is in immediate danger;
(B) The parent has made a good faith effort to confer with the other party regarding the purpose and time of this court appearance; and
(C) The court finds by clear and convincing evidence, based on the facts presented in the parent’s testimony and affidavit and in the testimony of the other party, if the other party is present, that the child is in immediate danger.
(b) The party requesting an order under this subsection shall provide the court with telephone numbers where the party can be reached at any time during the day and a contact address.
A post-judgment custody order requires a much higher standard of proof and good-faith attempt to provide notice to the other party. The clear and convincing evidence requirement is the highest civil standard of proof.
WHAT IS IMMEDIATE DANGER?
Immediate danger means that there is a clear and present risk that a child will be physically injured or neglected in such a way as to endanger the child. The risk here generally involves physical danger and “immediate” generally means now.
Emergency custody orders are useful in cases involving severe drug and alcohol problems, in cases of sexual abuse, in cases where the custodial parent is incarcerated, or where the other party is suffering from severe emotional or mental issues resulting in hospitalization or a complete breakdown. Courts will generally protect children in each of these situations.
CONTACT PAUL F. SHERMAN FOR EXPERT ADVISE ON EMERGENCY CUSTODY AND PARENTING TIME ORDERS AND GET THE RESULTS YOU AND YOUR FAMILY DESERVE
The Law Offices of Paul F. Sherman have decades of vital experience in obtaining Emergency Custody orders in family law cases. We are determined to get you the best possible outcome on your case. We offer personal service with proven results. We are experienced, skilled and affordable.
We know you have more questions and we have answers. If you would like to learn more about temporary emergency custody or any family law matter, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free consultation.
]]>On Behalf of The Law Offices of Paul F. Sherman<![CDATA[How Do I Recover For Child Sex Abuse In Oregon?]]>https://www.paulfsherman.com/?p=480472023-08-17T22:39:39Z2020-08-20T19:04:41ZContact Us for a free consultation.
Child sex abuse can cause serious and lasting emotional damages, including Post Traumatic Stress Disorder (PTSD) and other forms of depression such as feelings of paranoia, hopelessness, shame, anxiety, an ongoing fear of relationships and intimacy.
What Are The Forms Of Child Sex Abuse?
Incidents of Child sex abuse can occur many different forms. A sexual assault is defined as any sexual encounter without the consent of the individual. This includes occurrences such as rape, attempted rape, inappropriate touching, incest, indecent exposure, voyeurism, inappropriate photographing or videotaping a naked child, having child watch sexual activity or pornography and sexual harassment.
Sex abuse can happen to anyone at any time. Sexual predators tend to focus on vulnerable individuals in common settings such as schools, during sports activities, at church, daycare, boy scouts or other social organizations.
It is important that victims of child sex abuse fully understand that regardless of their age, gender or sexual orientation, sex abuse is never the victim’s fault.
Paul F. Sherman Is A Highly Skilled And Effective Child Sex Abuse Attorney
At the Law Offices of Paul F. Sherman, we are committed to representing individuals who have suffered child sex abuse due to the negligence or other wrongful conduct of others. We have had exceptional results in child sex abuse cases involving:
Clergy sex abuse
Churches
Schools
Day care facilities
Predatory parents
Sports facilities
Coaches
Boy scouts
At the Law Offices of Paul F. Sherman , we know how sexual abuse will affect your life and your family. Our child sexual abuse attorneys are experienced negotiators and trial attorneys who won’t back down when insurance companies try to minimize compensation for your injuries.
Contact Paul F. Sherman For Expert Advice On Your Child Sex Abuse Claim And Get The Compensation You Deserve.
At the Law Offices of Paul F. Sherman, we have over 35 years of experience in helping the victims of child sex abuse. We are committed to compassionate and effective representation. We are committed to obtaining the best possible outcome on your case. We offer personal service with proven results to every client. We are experienced, caring and affordable.
If you would like to know more about your child sex abuse claim, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free consultation today.]]>On Behalf of The Law Offices of Paul F. Sherman<![CDATA[How Do I Enforce My Parenting Time During the COVID-19 Pandemic?]]>https://www.paulfsherman.com/?p=465122020-06-24T00:56:42Z2020-05-07T05:00:00ZContact Us for a free parenting time enforcement consultation.
The first step in any parenting time case is to determine if there is a valid court order or judgment which provides for parenting time. If there is a valid court order, the next step is to determine whether the parenting time as specified in the judgment or court order is being denied.
YOU ARE ENTITLED TO AN EXPEDITED HEARING TO ENFORCE YOUR PARENTING TIME
A properly filed motion to enforce parenting time generally requires the court to schedule a hearing within 45 days. This is referred to as expedited parenting time. In many jurisdictions, this may be the fastest way to obtain parenting time.
WHAT RELIEF IS AVAILABLE IN ENFORCEMENT PROCEEDINGS
In an enforcement of parenting time proceeding, the court has the authority:
• To create a more detailed parenting time schedule; to impose additional terms and conditions on the existing parenting time order;
• To order additional parenting time to compensate for a wrongful denial of parenting time;
• To order the violating party to post a bond or securities;
• To order the offending party to attend counseling or educational classes that focus on the impact the violation of parenting time has on the children; and
• To award attorneys fees and costs incurred in enforcing the parenting time.
ORS 107.435 provides for additional remedies the court may order in an enforcement of parenting time proceeding. You can review the Oregon statutes on our website.
The burden of proof in an enforcement proceeding is a “preponderance” of the evidence. Quite often it is beneficial to commence both an enforcement and contempt proceeding to obtain all of the remedies to which you are entitled.
CONTACT PAUL F. SHERMAN FOR EXPERT ADVICE ON HOW TO ENFORCE YOUR PARENTING TIME
The rules and procedures in filing enforcement of parenting time are complicated and require a skilled and experienced parenting time enforcement attorney. Contact Paul F. Sherman for expert advice on how to enforce you parenting time.
We know you have questions and we have answers. If you would like to know more about parenting time enforcement, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free parenting time enforcement consultation.]]>On Behalf of The Law Offices of Paul F. Sherman<![CDATA[How to Protect You And Your Family From Domestic Violence and Abuse During the COVID-19 Pandemic.]]>https://www.paulfsherman.com/?p=465192020-06-03T08:25:36Z2020-04-16T05:00:00ZContact Us for a free consultation.
THE COURTS ARE STILL OPEN TO PROTECT YOU AND YOUR FAMILY FROM DOMESTIC VIOLENCE AND SEX ABUSE
While the Courts have been placed on significant restrictions and reduced hours during this outbreak, it is important to know that the Courts are still available to protect you and your loved ones from domestic violence and abuse and sexual assault. The Courts are open to protect children in ‘Immediate Danger”.
Protection Orders are available to protect you and your family. Protections Orders are commonly used in situations where it is necessary to obtain:
• An Emergency Custody Order to protect a child who is in immediate danger;
• Status Quo order to maintain contact with your children, maintain their routines, and prevent others from hiding or secreting your children, or removing your children from the state;
• Restraining and Stalking orders to stop unwanted contact;
• Family Abuse Prevention Act (FAPA) orders to stop domestic violence.
• Elder abuse orders to protect the elderly or disabled;
• Sexual Abuse protective orders
Victims of domestic violence, sexual assault, and stalking have additional rights including terminating leases, removing the abuser from your home and criminal penalties for violating an order.
CONTACT PAUL F. SHERMAN FOR EXPERT ADVICE ON OBTAINING A PROTECTIVE ORDER – ACT NOW TO PROTECT YOUR LOVED ONES.
We have substantial experience in obtaining protective orders for you and your family. We are determined to provide the help you and your family to stop the cycle of abuse. We are here to listen to the victims domestic violence and sexual abuse. We are here to fight for justice.
We know you have questions, and we have answers. If you would like to know more about the use of protective orders, restraining orders, or obtaining emergency custody of your children, call the Law Offices of Paul F. Sherman at (503) 2230-8441 or Contact Us for a free consultation. Put justice on your side.]]>On Behalf of The Law Offices of Paul F. Sherman<![CDATA[COVID-19 Pandemic – How Do I Create A Basic Estate Plan?]]>https://www.paulfsherman.com/?p=465242023-08-17T22:40:01Z2020-04-13T05:00:00ZCOVID-19 PANDEMIC – DON’T BE CAUGHT WITHOUT A BASIC ESTATE PLAN
Every family should have a basic estate plan which includes at least three well-prepared legal documents:
• A Durable Power of Attorney
• A Will and
• An Advanced Medical Directive
Having a basic estate plan is a good idea for everyone regardless of your age or health condition. Basic estate planning is not expensive and ensures that your estate is handled in a manner that is best for you and your family.
Let us help with your estate planning. Call the Law Offices of Paul F. Sherman at (503) 223-8441, or Contact Us for a free estate planning consultation.
THE EXPERIENCE YOU NEED TO PREPARE COMPLEX ESTATE PLANS
In time of crisis, the necessity of sound estate planning becomes more and more important to you and your family. As your estate grows and becomes more significant and as family issues arise such as step-children, blended families, maintaining the family business or children with special needs, more advanced estate planning is required to effectively protect you and your family. Complex estate planning can include:
• Special Needs Trusts
• Revocable and Irrevocable Trusts
• Spend Thrift Trusts
• Life Insurance Trusts
• Asset Protection Plans
• Business Succession Plans
• Nursing Home and Assisted Living Plans
ACT NOW TO PROTECT YOUR FAMILY
Most people find it easy to put off making an estate plan. No one enjoys thinking about the reasons we have estate plans, yet creating an effective estate plan or revising an existing plan to reflect important changes in your life, is one of the best things you can do to protect your loved ones and yourself. Many families are torn apart or even destroyed as a result of improper estate planning and the subsequent family feud which occurs when a proper plan is not in place.
PORTLAND ESTATE PLANNING ATTORNEY TO HELP YOU AND YOUR FAMILY.
For more than 35 years, the Law Offices of Paul F. Sherman have been creating customized estate plans for our clients in Oregon, Washington and California. We have the experience and know-how to handle the complex details necessary to properly prepare Wills and Trusts and the ability to explain these issues in a manner that everyone can understand.
We also have the litigation skills necessary to probate your family’s estate and to ensure that your plan is followed and approved by the Court.
We are committed to preparing an estate plan that provides what YOU want to do with your estate and your health care. Let us put your plan into effect. Creating a solid estate plan is an important part of ensuring the financial future of your family. Estate planning tools such as establishing a simple Will or assigning someone you trust with a Power of Attorney, can make a significant difference in how your family and heirs will have to deal with these issues at the time of your death or disability.
FLAT FEES FOR EFFECTIVE AND AFFORDABLE ESTATE PLANNING
We offer competitive low cost flat fee estate plans to our clients, including a simple Will, Durable Power of Attorney and an Advanced Medical Directive. We also offer affordable complex estate planning and litigation support.
We know you have questions and we have answers. If you would like more information on preparing a will or estate planning call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free estate planning consultation.]]>