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Who is Your Child? Frozen Sperm and the Afterborn Child - Under Oregon law a child conceived prior to death and born to the surviving spouse after the death, has the same right to inherit as any other natural child of the decedent. (ORS 112.075) But suppose the child was conceived after death. Does that child have the same rights? Whether a child conceived after the death of the donor parent can inherit from that parent, has not been raised in Oregon.  If you decided to freeze your reproductive cells, it is important that you express, in writing, whether you want your cells used after your death and whether you intend that a child born of the reproductive cell be entitled to inherit your Estate. For those who are married, it is important that your spouse join in the writing and agree to honor your wishes.  That written agreement should include a provision about what will be done with the cells in the event of a divorce or the death of either party.
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The Common Law Marriage - A Common Law marriage is one that has not been solemnized by ceremony.  It is more than just living together.  The couple must agree to live together as man and wife, and then publicly hold themselves out as being married; i.e., tell everyone that they are married. Many states do not recognize a Common Law marriage as being valid, and have passed laws to that effect. The state of Oregon does not have a specific law banning Common Law marriages, but Oregon courts have ruled that a Common Law marriage that is entered into in the state of Oregon is not recognized in this state (Huard v. McTeigh, 232 P. 658 (Or. 1925)).  Oregon respects the laws of other states, so even though Common Law marriages are not valid if entered into within Oregon, Courts will recognize a Common Law marriage if it is valid in the state where the couple entered into the marriage (Walker v. Hildebrand, 243 Or. 117 (1966), 410 P.2d 244).
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3 Basic Ways to Title Property - Your Net Worth is the value of all that you own, and that is how much your beneficiaries can inherit.  Who will inherit your property depends on how your property is titled (held or owned). There are three basic ways to title property: IN YOUR NAME ONLY Property held in your name only, and no provision for a transfer to a beneficiary after death, will be inherited by the beneficiary named in your Will.  If you do not have a Will, the property will go to your heirs according to Oregon’s Laws of Intestate Succession. JOINTLY WITH ANOTHER Property you own jointly with right of survivorship will belong to the surviving joint owner(s) of that property. IN TRUST FOR ANOTHER Property you hold in Trust will go to those you name as the beneficiary of the Trust. NOTE:  If you are married, your spouse may have rights in your property, regardless of the way your property is titled.
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Before you begin your search for a planner, have a decent idea of what you want to accomplish by using a financial planner.
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No one likes to think about death much less plan for it.
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The Role of a Special Needs Trust - For those who have loved ones with any kind of disability, a special needs trust is often recommended. It’s one way to eliminate worry about the future of those loved ones and what it might look like. These trusts not only allow for a better daily life for those with a disability, but it also removes what is sometimes a heavy financial burden from other family members. The special needs trust is designed so as to not conflict with any other government assistance the person is receiving.  This is an added bonus for those overseeing their finances and who worry about the possibility of scarce financial resources. A special needs trust can also serve as a resource for covering expenses that may not be necessary, but can certainly make their daily life easier. Satellite television, internet service, movies – things of that nature are typically allowed under the special needs trust. Who Benefits from the Special Needs Trusts? Not all who have a disability will qualify for either SSI
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Who is Your Child? Child of Artificial Insemination - Who is Your Child? Child of Artificial Insemination Under Oregon law, a physician may not use artificial insemination to impregnate a woman unless she signs a written request and consent for the procedure.  If she is married, her spouse must submit a written request and consent as well. Once the Child is born, the father is listed on the birth certificate as the child’s natural father, with all the rights as any other natural child born of his parents (ORS 109.243). A child born to a married couple using any other form of assisted conception has the same rights as a child conceived the old fashioned way. It is presumed that the husband consented to the assisted conception procedure. If that is not the case, and he is not the father of the child, he can petition (ask) the court to terminate his parental rights and responsibilities. If the husband is successful, the child will not be able to inherit from the husband, nor from his family.
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3 Basic Ways to Title Property - Your Net Worth is the value of all that you own, and that is how much your beneficiaries can inherit.  Who will inherit your property depends on how your property is titled (held or owned). There are three basic ways to title property: IN YOUR NAME ONLY Property held in your name only, and no provision for a transfer to a beneficiary after death, will be inherited by the beneficiary named in your Will.  If you do not have a Will, the property will go to your heirs according to Oregon’s Laws of Intestate Succession. JOINTLY WITH ANOTHER Property you own jointly with right of survivorship will belong to the surviving joint owner(s) of that property. IN TRUST FOR ANOTHER Property you hold in Trust will go to those you name as the beneficiary of the Trust. NOTE:  If you are married, your spouse may have rights in your property, regardless of the way your property is titled.
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What a Will Can and Cannot Do - To understand why “A Will is Not Enough in Oregon” you need to know what a Will can and cannot do.  One thing a Will can do is make a gift of all you own (your Estate). One of the things a Will cannot do is preserve and protect your property during your lifetime. For that, you need to think about risks to your property (poor investments, theft, loss through acts of nature, etc.) and what you can do to minimize or eliminate such risks.  In other words, you need an Estate Plan for the care and management of your property during your lifetime.
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Perhaps the most confusing element in a financial plan is the estate plan. From the complex legal documents to the challenges of maximizing the legacy left to your heirs, it can be hard for many people to fully wrap their heads around what's needed.
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Marrying again makes estate planning more involved. How do you provide for everyone you love? Should you provide for everyone you love? How do you arrange to transfer wealth in a way that won’t hurt the feelings of certain heirs?
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Estate Planning and Digital Assets - While it’s relatively new, digital assets are quickly becoming the “topic of choice” for clients and their estate planning attorneys. If you are online and have any kind of online account, odds are, there’s value in those accounts. Here are a few ways those assets matter to you personally: The Cloud Most of us have some part of our lives in the cloud. We may have family members that have shared pictures with you via email that we have uploaded.  Maybe we have uploaded pictures to our favorite retailer so that we can pick up hard copies in an hour, those pictures memorialize our families and those special events. Many people purchase online music.  Amazon and iTunes are most likely where we keep that collection of ‘80s music that we listen to while we are working or cleaning the house. At more than one dollar each, you could very easily have a substantial collection. Whether you’re drinking your Red, Red Wine and wondering how your old friends Jack and Diane are or L
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2455 NW Marshall St #11 Portland, OR 97210
2455 Northwest Marshall Street #11USOregonPortland97210
(503) 241-1215rbsllc.com
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You have undoubtedly worked hard over the course of your lifetime to build your financial and personal legacy.  A comprehensive estate plan will ensure that your legacy is protected while you are alive and passed down according to your wishes upon your death.

At the Law Offices of Richard B. Schneider, LLC we understand your desire to create an estate plan that both provides for your loved ones in the event of your death and ensures that you retain control over what happens to your medical care and financial well-being should you become ill or disabled. The Portland estate planning attorneys at the Law Offices of Richard B. Schneider, LLC are committed to helping you create an estate plan that is tailored to your specific needs and objectives. 

Contact us today by calling 503-241-1215 or through our online contact form so that we can begin creating an estate plan that will ensure the security of both your financial and personal legacy.
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"Mr. Richard Schneider was recommended to us by our Trust Attorney in Virginia."
"Being close to immediate family was the main objective."
"Together, we created a plan to safe guard my estate for my sons."
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Cecily Gourley
7 months ago
Mr. Schneider has helped me to feel like my affairs were in order and that I have covered all of the tricky questions that might come up for my family when dealing with my estate. He treated me with kindness and an honesty that took the fancy legal speak out of my situation and made me feel like an important human! Ben Rasche couldn't be a better compliment to the value system that Mr. Schneider promotes. Laura Lindholm helped me to feel welcome from the minute I walked in. Together, along with their wonderful dogs, I felt like I was in a family-style environment instead of a law firm. That saying, I also feel that I have an iron-clad will that will be highly regarded. Thank you for helping boost my confidence in a new chapter of my life!
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Kat Schon
10 months ago
We have worked with Richard for 10 years. He has helped us with estate planning, small business needs and a few personal issues. We have recommended him to several people.
A Google User
4 years ago
Richard Schneider, a man with the smarts and a heart A few years ago, I attended a seminar on estate planning. I kept Richards card. Fast forward to a life changing event that required a new will and estate plan. I found Richards card. Together, we created a plan to safe guard my estate for my sons. It would provide a way to care for the son who would need help and allow my other son to keep and manage my business. Richard’s creativity allowed me to reach my goals and be able to keep control of my property and business, a plan to keep my money for my son, allow him to control the estate if I was unable to do so and receive it intact when the time comes to pass the estate to him. He helped my son to create his plan and will. Over the years, we have updated the estate plans, created documents to protect my business and advised me to changes in the laws to help keep me current. I know what I want for my company and sons. Richard has the knowledge to make it so. I have an elderly friend who was forced to sell her home. The large amount of money she would receive from the sale will be needed to care for her the rest of her life. I asked Richard to help her. With his guidance, she was able to get more money from the sale than I thought she could. By following his suggestions, she will be able to live the rest of her life in comfort.
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Kris Codron
9 months ago
Richard Schneider provides an annual presentation at my workplace on wills and living trusts. It is powerful and valuable for employees, and always well attended. My husband and I used his services to create a living trust that provides us with a sense of protection in the event of major life changes. Mr. Schneider and his team are knowledgeable, compassionate and very customer service oriented.
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FJ Budd
3 years ago
Exceptional Client Service Moving to Oregon from Virginia was a huge change for us in several aspects. Being close to immediate family was the main objective. Thus many changes had to be made after 30 years of living on the east coast and now on the west coast. Mr. Richard Schneider was recommended to us by our Trust Attorney in Virginia. He and his staff have been very amicable in assisting us in moving our Virginia Living Trust to an Oregon Living Trust. As time goes by we expect to rely on he and his staff to keep us current as changes may occur to our Trust. We appreciate what he has already done and feel confident that he and his staff will do what is in our best interest.
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