Straight Talking on The Law

Successfully Negotiating An Amicable Divorce

By: Robert Harris, Portland Divorce Attorney

I was going to title this article: Divorce in Oregon: Good Cop, Bad Cop.

I often tell my clients, let me be the bad guy. The naysayer, the person that brings up the issues that need to be addressed. Everyone thinks lawyers are difficult anyway.

You can be the good cop. The conciliator, the person who puts the kids interest above all else and just wants to be fair.

A successful negotiation of an amicable end of a marriage doesn't mean you give up all your rights, or have to be treated unfairly. It can mean however, letting your lawyer be the person who raises issues in your defense.

I just read an article about mistakes people make when trying to reach an amicable divorce settlement. And it's true. Most people feel bad about divorce. Especially when there are kids involved. They want to be fair, and sometimes they bend over backwards to demands from their spouse that are unreasonable but deeply emotionally held, and end up putting themselves in a real bad situation.

Preventing Sexual Abuse by Coaches - The Lessons From The Jerry Sandusky Trial

By: Robert Harris, Portland Attorney

Oregon law (ORS chapter 163) pertaining to criminal sexual abuse was amended in 2009 to enhance the penalties when the victim is under 21 years of age and the perpetrator is the victims coach. Of course an ounce of prevention is worth a pound of cure. And, with all the reporting on the Jerry Sandusky sex abuse case,  parents may be asking themselves how someone could get away with what Sandusky reportedly did, and for so long.

Here are two relatively simple things organizations can do to minimize opportunities for predatory behavior.

1.    The Two Adult Rule: Organizations should adopt a rule requiring that a coach is never alone with a child. This rule protects both the athlete and the coach. If the coach is never alone with a child then inappropriate behavior is much more difficult to allege. Private or close practices shouldn't be allowed. If a coach wants to exclude you from practice, ask why.

2.    Background checks:  These are important but not fool-proof. Sports league should perform background checks of every person over the age of 17 who work with or in the vicinity of children. References should be checked, and the club should engage in ongoing monitoring and evaluation. In cases where a coach travels out of town with young athletes, more extensive background checks should be performed. Background checks need to access a national data base utilizing multiple criminal record sources, as many predators try to become coaches outside the state where they lived. 

And here are two simple things you can do.

Avoiding Oregon Probate Where Home is Main Asset

By: Robert Harris, Oregon Estate Planning Attorney

As of January, 2012, Oregonians can execute a Transfer of Death Deed (TODD). This will make a big difference in estate planning for those whose main asset is the family home.

One of the unfortunate realities is that previously Oregon Probate Laws often required a full probate in these circumstances. While Oregon Small Estate procedures have always been available for people with modest amounts of property, the small estate affidavit process is not available if the deceased owned property valued at more than $90,000.  And today, most family homes are worth much more.

So when I had a client who wanted a simple estate plan, where the main asset was the family home, I had to tell them that they could do a living trust (at several times the cost of a simple will), or they could put their kids on their home deeds as a right of survivorship, or they could plan on having their estate probated. 

Many people choose to put their children or heirs on their deeds. But by doing this, the children or heirs obtained  a current interest in the property. That creates potential problems with creditors, financing, and with dealing with any change of heart by the client.  

The TODD solves many of those issues. A TODD does not transfer a current interest in the property to your children heirs. It will only become effective on death. So the owner of the property retains all ownership rights, including the right to revoke the TODD if you have a change of heart. 

The TODD is a great new device that can be used for individuals with small estates. We can do a simple will, keep all the property in the clients name, and after death since the real estate passes on death, the heirs can simply use the small estate procedures for any personal property that needs to be distributed instead of paying for a full probate.