- DivorceIf you contemplate divorce, the services of an experienced family law attorney will be needed to represent your interests. The typical dissolution of marriage case involves resolution of custody, parenting time, child support, spousal support, property division, allocation of debts, valuation of assets, insurance coverages, retirement account division, temporary court orders, and other concerns that might be raised by either of the parties. Divorce law is complex and deals with many different issues, and those persons with children or significant property and income will especially need legal advice to learn their rights, handle document preparation and negotiations, and proceed to trial in court if a settlement cannot be reached.
- Child Support
- Child Custody and Visitation
- Spousal Support
- Business DisputesBob was noted for his work in Estate Planning, Trusts, Probate, Real Property, Business Law, and Municipal matters. He was involved with numerous civic and charitable pursuits, including Kiwanis, Woodburn Chamber of Commerce, Campaign for Equal Justice, Woodburn Methodist Church, Silverton Hospital Trustees and Oregon Community Foundation. Bob was a past recipient of the Woodburn Distinguished Service Award, and also a former winner of the Boss of the Year award from the Marion-Polk Legal Secretaries Association. Bob was recognized by the Woodburn Area Chamber of Commerce for the 2007 Senior Distinguished Service Award, based upon his continued involvement in community activities and development.
- Personal InjuryOur firm is associated as “Of Counsel” to Sussman Shank LLP, which expands the range of high quality legal services that are available to our clients. Sussman Shank attorneys will provide our clients with local legal counsel for litigation and contested matters, including business disputes, real estate problems, employment law, personal injury claims, contested probate and trust estate matters, and other legal work that will require experienced trial counsel. As a matter of convenience, scheduling will be done through Sussman Shank attorneys at our law office in normal course. We will continue to handle client matters involving estate planning, wills, trusts, probate and non-probate estates, real property matters, business matters, contracts, and other legal work for both individuals and business clients.
- Auto Accidents
- Estate PlanningKirk Schmidtman is a 1973 graduate of Washington State University and a 1976 graduate of Willamette University College of Law. He has been with the firm since 1975, and has spent his entire legal career with the firm and predecessor firms. He has been a member of the Oregon State Bar since 1976, and is a current member of the Estate Planning Section of the Oregon State Bar.
- WillsKirk’s practice focuses upon Wills and Estate Planning, Probate and Probate Avoidance, Formation of Corporations-LLCs, Real Property matters, and Contract Negotiations and Drafting. Kirk has also been actively involved with a variety of community and church groups including Woodburn Rotary, St. Luke’s Catholic Church, St. Paul Rodeo Association, Woodburn Junior Basketball Inc., Woodburn Area Youth Golf Association, John F. Kennedy High School varsity boys basketball, and local youth recreation programs. Kirk is the past president of Woodburn Rotary Club and Woodburn Jaycees, serves on the board of Woodburn Rotary Foundation, and has been a member of the administrative council for St. Luke’s Catholic Church since 1995. He is also a past winner of the Boss of the Year award for the Marion-Polk Legal Secretaries Association. Kirk has been active in the Woodburn community since 1976.
- TrustsProbate is the court proceeding by which a decedent’s assets can be transferred to legal heirs or designated will beneficiaries after certain procedures are followed. The personal representative or executor appointed by the court must make sure that the decedent’s debts have been paid and that all assets and debts have been identified and accounted to the probate court before any final distributions can be authorized by the court. Probate is necessary to transfer assets that are owned solely in the name of the decedent at the time of death, but probate avoidance is often possible for those who plan their estates to provide for asset transfers after death through means other than their Will or under the intestate succession laws. Living trusts, pay on death arrangements, and ownership with right of survivorship are among the most common probate avoidance alternatives for those planning their estates. There may be times when probate is advisable to pass clear title to real property or when there are many people entitled to shares of the estate, or perhaps to bring claims on behalf of the estate or resolve issues about the intent of the decedent under the Will, and an attorney can provide advice about the best strategy in these situations. Oregon also has a Small Estate Affidavit procedure that provides an efficient means for estate administration in those estates having less than $200,000 of real property value and less than $75,000 of personal property value, including cash.
- Power of AttorneySee your attorney to make sure that your Will, Trust (if any), General Durable Power of Attorney, and Advance (Medical) Directive documents are up to date and correctly specify your wishes and directions. Keep these original documents in your place of safekeeping.
- Probate
- Tax LawDoctors and dentists urge their patients to receive checkups on a regular basis to discover problems before they are out of control, and to better maintain the health of their patients. The same focus on prevention can protect you from legal problems. An occasional legal checkup may be money well spent. Proper planning is usually less costly than obtaining legal services after a crisis has occurred. We consult with our clients on a wide range of matters about their personal affairs. Document review by an attorney before signing can be useful to understand the legal ramifications of the document. Everyone needs a current Will, especially if you have children or substantial property. Options also may be available for tax planning and probate avoidance. Persons who have been injured in a motor vehicle accident will usually benefit from legal advice about how to best present their claim, and in such instances, you can retain your attorney on a contingent fee basis. If someone makes a claim against you, prompt legal advice may also help protect you from liability or reduce your personal exposure.