Our firm assists people in becoming trustees, conservators and holding a power of attorney.  We’ll help you understand your responsibilities and answer your questions.  There is also an online source for help in understanding the responsibilities of being a fiduciary.  Free booklets are available from the Consumer Financial Protection Bureau.  http://www.consumerfinance.gov/managing-someone-elses-money/ Be sure to click on the Oregon specific guide and let us know if you have any questions!

If you have an old conviction or arrest on your record, it may be possible to set it aside or expunge it.  In order to set aside a conviction, there are two major considerations:  the amount of time since the conviction and the type of conviction.

Three years must pass before a conviction can be expunged.  When you file for a set aside, there can be no pending charges and there can be no other convictions in the past ten years.  If you have many old convictions, there’s good news!  Multiple convictions can be expunged at the same time if they are eligible!

The type of conviction also matters.  Convictions such as a DUII, a traffic offense, or a Class A Felony cannot be expunged.  On the other hand, misdemeanors, Class C Felonies, and many old drug charges may be eligible.  Beginning January 1, 2016 many drug convictions in Oregon will be expungable due to the recent changes in Oregon’s drug laws.  Almost all marijuana convictions are eligible unless the offense occurred within 1000 feet of a school.

The process takes a few months.  Setting aside a conviction requires you to provide fingerprints, pay $80 for a background check, and pay a $252 filing fee.  Depending upon your income, the filing fee may be waivable.  In some counties and in some circumstances, you may need to attend a hearing.

When a conviction is set aside, the arrest for that conviction is also set aside.  If you were arrested and the case was dismissed (no conviction), then there is a 1 year waiting period to set aside and there is no fee.

Is setting aside a conviction a perfect way to clean your record?  No.  The state will remove the conviction but many websites maintain old, searchable databases.  You can legally state that you do not have an expunged offense but employers and landlords may still find it on these 3^rd party websites.

To get started, you can check the website for the county in which you had a conviction for the paperwork to file an expungement and request a waiver of the filing fee.  There are several legal clinics each year which offer free assistance in starting a set aside process.  Hiring an attorney allows you to have assistance determining whether a complicated criminal history has expungable convictions.  Your attorney can also take care of all the paperwork for you and make the process much easier.  Write to heather@gibbonslaw.net if this is something our firm can help you with.

When Robin Williams committed suicide in August of 2014, he left a detailed estate plan.  At first glance, it appeared that the Trusts he established were very well organized and seemed to be a model for estate planners everywhere.  Unfortunately, his family argued over ownership of items and disputed certain parts of his will based upon general, rather than, specific language.  This is a court battle best avoided.  As estate planners, we have several guidelines that we use to prevent disputes.

1. An heir who contests a Will may try to prove undue influence, lack of testamentary capacity, or that there was confidential relationship between the testator and the beneficiary.  A “no contest” clause, sometimes called an in terrorem clause, can be added to indicate that the testator does not want their decisions to be questioned.  The heir contesting the Will loses their inheritance if he/she is unable to successfully contest the Will.
2. A memorandum should be attached to the estate plan in order to document the distribution of specific items.  Rather than using general terms like “jewelry” or “memorabilia,” the collections can be inventoried and left to a specific person.  Greater specificity will help reduce conflict and misunderstanding.
3. It might be helpful to schedule a meeting with the heirs to discuss the estate plan, clarify the testator’s intent, and address concerns.  This is an opportunity to head off any challenges.
4. Videotaping the review of the documents and the signing is another way to make the testator’s intent clear.

Read more at:  http://lawprofessors.typepad.com/trusts_estates_prof/2015/03/learning-from-the-estate-problems-of-robin-williams.html

http://www.forbes.com/sites/trialandheirs/2015/02/03/robin-williams-widow-dishonors-his-trust-by-starting-court-battle/

http://www.usatoday.com/story/life/people/2015/02/03/robin-williams-wife-kids-fight-over-estate/22786337/

http://www.lifehealthpro.com/2015/02/25/lessons-from-the-robin-williams-estate-plan-mess?t=life-planning-strategies&page=2