The Defense Will Disparage the Life of Your Loved One

The Defense Will Disparage the Life of Your Loved One

Much of the other side’s case will be based on trying to show that the decedent’s life was not worth all that much. This is a harsh aspect of our legal system. Your lawyer will be showing that the deceased person was a human being who lived a full life, loved and was loved in […]

The Discovery Process

The Discovery Process

Long before a trial is ever held, both sides have the right to “discovery.” In Oregon state court, this centers on depositions and requests for discovery. Let’s take them one at a time. Depositions are like recorded, official interviews. In a deposition, the lawyer can ask questions of opposing parties and witnesses, and they have […]

Meeting with and Choosing Your Attorney

Meeting with and Choosing Your Attorney

Choosing a lawyer is of course a crucial step in the process. You should interview several lawyers, and you should ask them hard questions. Take notes, and feel free to bring a trusted friend or relative with you. But do be aware that the presence of a friend may negate the confidentiality of the meeting, […]

This is a Commitment – Are You Ready?

This is a Commitment – Are You Ready?

You may be surprised to read this in a post written by lawyers who focus on personal injury and wrongful death claims, but a wrongful death claim is NOT for everyone. It will require a commitment of both time and energy – probably yours – to bring a wrongful death lawsuit. We write “probably yours,” because […]

Role of the Personal Representative

Role of the Personal Representative

Even if you are not considering hiring a professional, thought still must be put into who should be the PR. For example, if a woman dies leaving behind a husband and two children, ages 19 and 21, which of the three would make the best PR? One of the children may get more sympathy from […]

Hiring a Lawyer or Other Professional to Serve as Personal Representative

Hiring a Lawyer or Other Professional to Serve as Personal Representative

Sometimes a judge may appoint a personal representative who is not a beneficiary. When this happens, the person appointed is usually a professional who does this sort of thing for a living, often a lawyer. Because it’s a job, the person gets paid. This is usually done when the only beneficiaries are all under 18, […]

How a personal representative is chosen for an estate

How a personal representative is chosen for an estate

The personal representative has to be approved by a judge. Usually, all of the beneficiaries will agree upon one of them to be the personal representative. There is a specific order that the law states (ORS 113.085) is the preferred way to choose a P.R. Here is the order: Executor named in a will Spouse […]

Estate and Personal Representative in Wrongful Death

Estate and Personal Representative in Wrongful Death

When a person dies, and leaves behind anything that is worth money, the law creates an “estate.” If John Doe dies, then it will be called “The Estate of John Doe.” For example, you may sometimes see “Estate Sales,” where the possessions of someone who has passed away are being sold. What has happened, legally, […]