The Cherry Tree Law Firm - Attorney Kara H. Daley

11/25/2021

Sending our warmest wishes this Thanksgiving, from our family to yours.

11/05/2021

Goosin’ Around

Another furry face around the office is Lucy (aka “Goose”), a sprightly Jack Russell Terrier. Goose is an enthusiastic greeter who brightens the day of every person around. But don’t let her angelic demeanor fool you: she is a notorious cat food thief. Goose sneaks up to Mr. Jelly’s wet food with the same unshakeable optimism every morning, though she has yet to succeed in her devious plot. When she’s not plotting schemes or greeting clients, Goose’s happy place is on the beach at the Oregon Coast with the wind in her fur, true to her Piscean nature. If you happen to come by our office, it is Goose’s happy face you will most likely see, so thank your lucky stars that the only thing she’ll steal from you is your heart.

08/23/2021

A New Man in Town

Since Justice’s well-deserved retirement, our new office cat, Mr. Jellybean, has been making himself at home! A strong and independent outdoorsman, Jelly spends half of his time on the streets of Corvallis as the heroic Mr. Jelly, Defender of Justice. The other half, you ask? You can find Mr. Jelly, Esq. hard at work in his office for hours on end, diligently pouring over his work as the second best attorney in our office. As we begin to start seeing more and more clients in person, perhaps you might even catch a glimpse of this double-life-living enigma, whether he is clocking in overtime or keeping our streets safe. Either way, there is no doubt that he is at your service.

08/16/2021

An Update on Justice!

For all of our wonderful clients who have been asking after Justice, our beloved office cat, we have some good news: Justice has retired! After years of dedicated service, she has made the difficult (but joyous) decision to move to Lake Tahoe, California. Justice has adjusted to lake life with ease and spends her days avidly birdwatching and taking long naps on her throne (i.e. pillow). She truly appreciates all of the well-wishes she has received and sends back much appreciation, love, and purrs.

08/11/2021

There has been a lot to read lately about Britney Spears. Many people are now concerned that they could be subjected to an unwanted guardianship or conservatorship. Well, for better or worse, most of us do not have the issues of fame, fortune or outrageous talent to deal with. (Well, maybe not the last one 😉) But we are left to ask, what protects us from unscrupulous elements?

For more information about guardianships in Oregon click here:

There has been a lot to read lately about Brittney Spears. Many people are now concerned that they could be subjected to an unwanted guardianship or conservatorship. Well, for better or worse, most…

07/29/2021

What’s Going on with Britney Spears?: A Basic Briefing on Conservatorships and Guardianships

Recently, Britney Spears has been making headlines for something other than her prolific pop career: her conservatorship. But what exactly does this mean?

Spears is currently living under a conservatorship in California, which differs from a guardianship, and both differ from conservatorships and guardianships in Oregon. Not confusing at all! (Just kidding.)

Fortunately, The Cherry Tree Law Firm is beginning a new series here on Facebook to provide clarity regarding conservatorships and guardianships under Oregon law.

But before we can get started, definitions must be provided.

While we cannot speak directly to California law, in general, it is understood that conservatorships exercise control over an adult and/or their property. Britney Spears is currently under conservatorship in Los Angeles County as the “conservatee,” with her father, Jamie Spears, as her “conservator.” In contrast, guardianships in California are generally reserved for children.

Here, it’s different. Under Oregon law, a conservatorship is the care and custody of one’s property (i.e. your stuff), while a guardianship is the care and custody of one’s person (i.e. yourself).

When discussing Britney Spears’ conservatorship, it is important to understand the distinctions between each ‘ship and acknowledge the pretty drastic state-to state differences between California and Oregon.

Whether you’re looking for a way to become more knowledgeable about current events, are searching for more information for reasons regarding your own family, or are simply curious, then this series is for you. Stay tuned in the coming weeks for more in-depth dives into both ‘ships within the context of our state’s laws.

09/17/2020

The Cherry Tree Law Firm is assisting Oregon fire victims by offering limited free notarization services. If you or a family member has been a victim to the fires, please contact the office at (541) 738-2445 to see if you qualify and reserve a spot. We understand that this is a difficult time and hope we can make things a little easier. Please note, valid ID must be presented.

This service will be available on 9/24, 10/1, and 10/8.

07/27/2020

Bankruptcy is scary to think about. Many of my clients from the wealthy and the not-so wealthy come into my office desperate and shell-shocked. “How did it come to this,” they may ask. But the real question to ask is, “Where will I go from here?”

Bankruptcy is an ending but it is also a new beginning. It is an ending of the debts, the calls and the panicky feelings in the middle of the night. It is the beginning of your fresh start. The US Constitution grants the right to a do-over- a chance to put the debts to rest and start over. So instead of the worry – think about how you will do it better next time.

For more information about bankruptcy click here:

Fresh Start? We can help! We immediately set you for a quick intake with our bankruptcy clerk to review your eligibility for Chapter 7 bankruptcy. At present our office is focusing on Chapter 7 fi…

07/21/2020

When should you change your estate plan?

You completed and executed your estate plan. Everyone you’ve selected to serve — your agent, guardian for minors, trustees, health care proxy, and your personal representative, —has signed the paperwork. All set?

For now, yes. But it’s a good idea to review these selections annually, because change is inevitable as time goes on. Your life will change, as will the lives of the people you have designated to serve in your plan. Mark New Year’s as the time to consider if your plans will still be effective.

When should you consider replacing people? Any time there has been a big life change that could affect his/her ability to serve in the role.

Examples include unexpected events such as a health care crisis, an unexpected death, or a job loss, as well as other transitions like divorce, relocation, or remarriage. Imagine your choice for guardian has just given birth to twins. How well can she care for your child in these new circumstances?

Another consideration is time. The relatives from your parents’ generation who stepped forward when you first made your plan as a young family may no longer be up to the task. You may no longer have as strong a relationship with your college roommate as with your new sister-in-law. You always want to be confident that your guardian or trustee is competent an willing to take on the additional work.

What events in your life might make you reconsider? Apply the same standard to your own circumstances. Do you want the same team if you’ve had to relocate to another city? What if you become widowed or divorced? Also, bear in mind that if you are the parent of a special needs child once he or she hits the age of majority, you will no longer be able to make a lot of the decisions that you have probably been making for him during his childhood. This is a good time to check in with your special needs planner to go over what you’ll need to do for this transition, including guardianship and conservatorship.

You are in the best position to know what matters most. You chose the agents in your plan to meet this standard. Stay in touch with them regularly and evaluate their ability and willingness to serve. Then don’t be afraid to take the next step and update your plan with your attorney. If they are truly in tune with your situation, they will appreciate your your reasons.

06/15/2020

Do I Need a Power of Attorney?

A power of attorney grants another person the authority to step into your shoes and make legal and financial decisions on your behalf. This does not take away your authority to act, rather your power of attorney adds another person to your chain of command. When you give someone a power of attorney, you are giving them the right to exercise a power that you already have such as the power to spend money, sell property, cash checks, or withdraw money from the bank.

People often consider their spouse as a de facto agent- however, without written legal authority your spouse cannot sell your house, cash in your IRA in an emergency or sign legal papers on your behalf. Similarly, if you became incapacitated, your children would sign any required legal paperwork with their promise to be financially responsible- where as with a power of attorney, they could simply sign on your behalf.

A power of attorney can be the most useful document you ever execute. It can save your family time and money in a crisis and avoid the institution of a court supervised conservatorship- which in addition to being costly also make your illness and financial affairs public record.

However, a strong word of caution: A Power of Attorney is one of the most abused documents-with it you place your finances in the hands of another. That other person should be utterly trustworthy, above reproach and have spending habits that are in line with your own. It is important to discuss whether this document is helpful to you with an attorney or trusted advisory. We are happy to help you evaluate this decision.

06/09/2020

Probate is often consider an insurmountable feat with untenable complexity. However, typically, an Oregon Probate is a series of relatively straight forward steps that must be taken in a particular order. The complexity often comes more from the people involved or the nature of the assets.

An attorney’s job is to help you understand the steps, file the proper paperwork at the proper time and make appropriate decisions about the people, property and debts involved. Although I have been working as a probate attorney for over 20 years, I find that each case has unique individuals with different needs and addressing that complexity often results in a simplified probate experience.

The general steps for probate are as follows:

Secure Decedent’s Assets

Take Care of Pets

File the Petition to Open Probate

Locate and Manage Estate Assets

File an Inventory of the Assets with the Court

Search for Creditors and Claims Against the Estate

Prepare Assets for Distribution

Pay all Approved Estate Claims

Prepare and File All Tax Returns, and Pay All Taxes Owed

File an Accounting with the Court

Distribution to Heirs/Beneficiaries

05/04/2020

Why Create a Trust?

There are many types of trusts but generally people are thinking of a Revocable Living Trusts for estate planning. There is no one size fits all estate plan but Revocable Living Trusts can:

1. Avoid probate and simplify the transfers of your assets upon your death.

2. Eliminate or reduce potential estate taxes if your estate is over one million dollars.

3. Planning for your possible incapacity. The trust defines how the trustor wants to be taken care of if they become incapacitated. The trust then allows the successor trustee to access the trust funds for that purpose. During your life-time if you are the trustee and trustor you generally continue managing your affairs in the same way you have in the past. However, if you become incapacitated your wishes are clear and become legally binding on your next successor trustee.

4. Hold property for the benefit of others. Trusts ensure that a responsible individual manages and spends funds for a the benefit of an individual who cannot or should not receive funds for example: minor children, children with poor spending habits, or elderly/disabled relatives who must retain healthcare or other government benefits and cannot receive additional funds.

5. Ensure privacy. Generally the terms of your living trust are confidential, with only your named beneficiaries and trustee having access to that information. With probate, your assets and affairs become public record.

It is important to understand your estate planning options and alternatives. This is only a short overview of general information about Revocable Living Trusts. To decide whether a trust is appropriate for you, discuss your goals, family situation, and assets with an attorney. Our office schedules free consultations where the attorney will meet with you, answer your questions, and recommend an appropriate estate planning options.