Belknap Wendell L

Bankruptcy Law Attorneys, Accident & Property Damage Attorneys, Adoption Law Attorneys

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Mon - Fri:	9:00 am - 5:00 pm

Places Near Oregon City with Bankruptcy Law Attorneys

West Linn (1 miles)
Gladstone (3 miles)
Marylhurst (6 miles)
Clackamas (6 miles)
Lake Oswego (9 miles)
Happy Valley (12 miles)
Canby (12 miles)
Tualatin (13 miles)
Damascus (13 miles)
Wilsonville (14 miles)

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Clackamette Park

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Wendell L Belknap Atty

Belknap, Wendell L, ATTY

Wendell L Belknap Attorney

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09/20/2013

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The experience I had at this office was the best experience I have ever had with an attorney. The staff and Wendell were great.They were available at the scheduled time performed all the agreed upon actions, and were easy to deal with. Call and meet with Wendell before hiring anyone else.

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Phone: (503) 657-8946

Address: 411 5th St, Oregon City, OR 97045

Website: https://belknaplaw.com

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Belknap Wendell L

Divorce
Child Support
The state of Oregon has established a formula to determine an amount the court will presume to be appropriate for child support. This is known as the Child Support Guidelines. The amount of child support presumed by application of the Child Support Guidelines must be the amount ordered by the court, unless the parties meet one of the limited exceptions to deviate from the amount determined by the Child Support Guidelines. If you do, then the court can, and generally will order a different amount. The formula is located on the state's website at www.justice.oregon.gov. The formula takes into account many factors, which are primarily...
Child Custody and Visitation
A legal proceeding to obtain relief from the obligation to pay debt, possibly including debt distributed between the parties in a family law proceeding. The bankruptcy court takes control and administers the financial affairs of the party. Spousal support and child custody are not dischargeable debts. Other marital debts may be dischargeable, depending upon the facts and circumstances.
Adoption
Some of the nicest, most closely-knit families I meet in my practice consist of married couples raising children who are the biological children of one spouse who has legal custody of the children, but who are the step-children of the other spouse. And, sometimes, for whatever reason, the â€œother,â€ non-custodial biological parent is no longer in the picture, or is willing to step out of the picture, thereby allowing the step-parent to adopt the children. This is what is known as a step-parent adoption, and it can be a wonderful and emotionally fulfilling procedure allowing the husband and wife to make the children both of theirs legally, the same as if born to them as part of their marriage.
Paternity
A child born in wedlock is rebuttably presumed to be the child of both parties. Of course, there is no such presumption when a child is born out of wedlock. When a child is born out of wedlock, establishing paternity is necessary in order to establish the rights and responsibilities of both the mother and the father. Until paternity is established, the biological father essentially has no rights, nor responsibilities.
Premarital Agreement
A Prenuptial Agreement is not always necessary or appropriate. For example, a Prenuptial Agreement is not necessary for a young couple who have few assets or no children and who plan to marry early in life. However, a Prenuptial Agreement is probably necessary and appropriate when the parties are marrying later in life, when there is a substantial disparity in their incomes, assets, and/or debts, or if there are children involved.
Guardianship
A Guardian is one who has been appointed by an authorized body (usually the court) to see to the management of the health and welfare of another person. A Conservator is one who has been appointed by an authorized body (usually the court) to see to the care and management of the assets and estate of another person. Often, the party seeking to be appointed is seeking appointment as both a Guardian and Conservator. Such a proceeding would be a Guardianship and Conservatorship. In the case of adults, and absent substantial disabilities or impairments on the part of the adult, these are difficult and contentious proceedings, as most adults are hesitant to voluntarily give up the right to make health and financial decisions for themselves. These are not as contentious in the case of minor children, as the single largest impediment to any case is proving the disability of the party. Minor children are, by legal definition, incompetent. The more-common issue in a guardianship and conservatorship proceeding involving minor children is a contest as to who this will be, which often amounts to a custody dispute. If you would like to schedule an appointment for a consultation to discuss a guardianship or conservatorship matter, please contact me.
Spousal Support
Formally known as "alimony." Under some facts in some dissolution of marriage cases it is appropriate for one party to pay support to and on behalf of the other party. This is known as â€œSpousal Support.â€ There are three (3) types of â€œSpousal Support.â€ These types, as well as the purpose of each, are...
Legal Separation
Frequently on the motion of either party, and sometimes on its own motion, the court will order a "custody study evaluation" to be performed by a psychologist, social worker, or psychiatrist who has been appointed by the court or mutually selected by the parties to make recommendations for appropriate custody and/or parenting time arrangements for children of a divorce or legal separation. Generally, the parties must pay for the study themselves.
Annulment
The legal ending of a marriage not considered to be valid by law. A marriage that has been annulled is treated as if it never happened, as opposed to a marriage ending in divorce, which is treated as having happened, but now ended. Children of an annulled marriage are considered legitimate, although the marriage was considered invalid.

Wrongful Death
I do not charge for a consultation for personal injury or wrongful death cases.Â Generally, by the end of that consultation I have determined whether I think you have a claim worth pursuing.Â If I believe you have a case worthy of pursuing, I will explain my contingency fee agreement and discuss whether you want me to represent you.Â You are under no obligation to hire me as part of this consultation, even if I determine you have a case worth pursuing.
Restraining Order
This is a court order prohibiting certain activities by one or both parties to a legal matter. Temporary "Restraining Orders" are designed to protect marital property, protect against physical violence, and other specific activities.
Hit and Run
In Oregon you must stay at the scene of the accident and exchange names, addresses, and insurance information with all other involved drivers. If there are severe injuries you are required to provide reasonable aid to the injured persons until police and/or emergency services arrive. If there is property damage over $1,500.00 you are required to file an accident report within seventy-two (72) hours with the DMV, even if the police made a report. If you are the victim of a hit-and-run or a party involved is uninsured, then you also must file a police report within seventy-two (72) hours. If you cause damages to another person's property, you are required to notify the property owner as soon as possible.

Business and Corporate Law

Corporate Law
Entity Formation: Once the client, attorney, and accountant confer, and based upon the advice given, the client will choose an entity type. Once the type of entity is selected, I draft all of the documents needed to complete the formation process. In addition, if the client wishes, I will address issues such as potential restrictions on the transfer of business interests by preparing documents such as Buy-Sell Agreements and Shareholder Agreements.
Business Disputes
Construction Contracts

Workers Compensation
I handle injury claims for people who are hurt while on the job by someone other than their employer or a co-worker.Â When you are injured on the job by a third person, such as another driver, then in that case you have both a workers' compensation claim through your employer, and a separate injury claim against the responsible party.Â These claims are more complex, as you must work in conjunction with the workers' compensation insurance carrier and protect its interest, as it has a lien over your settlement.Â I handle injury claims such as these.Â If you were injured on the job by your employer, a co-worker, or your own negligence, then you are probably limited to a workers' compensation claim.Â I do not handle claims that are limited to workers' compensation, but know several attorneys who do and can refer you to one or more of these qualified attorneys.

Real Estate Litigation
I provide a broad range of legal services regarding real estate matters, and have done so since I began practicing in 1985. While not limited to the following, I most often am asked to be involved with the following real estate matters...
Construction Litigation
Whether you are the home owner or the builder, and regardless of whether you anticipate a small remodel or construction of a home from the ground up, it is important to reduce your agreement with the other party to a written and signed contract. Too often the construction project develops over time as the home owner and the builder discuss their respective visions of the project, and when they believe they have come to one vision they simply commence the project. Particularly with small remodels, as opposed to new construction, the project is commenced without a formal agreement setting forth the specific understandings of the parties. With many projects that is not a problem because the construction is completed as both parties anticipated, and payment in full is made in a timely fashion. That is the best-case scenario. My experience has taught me to hope for the best-case scenario, but plan for the worst. Often, while the parties believe they have come to one vision of the project, they learn after the fact that their visions differed in one or more respects, and that there is no clear answer as to which vision is correct. Whether you use me, or another attorney, be sure the terms and conditions of your construction project are reduced to a written agreement signed by both parties. Please contact me if you would like to schedule an appointment to discuss your construction contract matter.
Real Estate Transactions
For most clients, transactions involving real estate, regardless whether it is residential or commercial real estate, involve the single most-valuable asset owned by the client. As such, it is important that the client is well represented. And, while real estate agents and brokers are one form of representation in real estate transactions, agents and brokers are not trained to spot thorny legal issues that may be lurking in a transaction. And, more- frequently than ever, clients are conducting real estate sales without the help of a licensed agent or broker. Such transactions are commonly referred to as being â€œFor Sale By Ownerâ€ or â€œFSBO.â€ Regardless whether the client is represented by an agent or broker, or if it is a â€œFSBOâ€ transaction, an experienced attorney can help ensure that your transaction follows all legal principles and requirements guiding the transaction, that you fully-understand the transaction, that you are not taking any unreasonable risks, and that you are otherwise fully-protected.
Property Damage
Oregon law requires this report to be filed within 72 hours of the accident if there is property damage over $1,500.00 or there is personal injury of any kind. File the original with the DMV, and be sure to make a copy for your own records.

Personal Injury
The personal injury claim should not be developed, valued, or presented to the other insurance company until the injured party has received all necessary and appropriate treatment. Of course, exceptions exist, such as if there is a statute of limitations approaching. Once the client has received the necessary and appropriate treatment, then the attorney will request all medical records from all providers who treated the client. Once all medical records have been received, the attorney will be able to evaluate the nature and extent of the injuries as well as the care provided. At this point, the attorney will evaluate the claim and determine a range of value. The attorney will then put together a settlement packet, which should include a demand letter, copies of all medical records and billings, wage loss verifications (if appropriate), narrative reports from providers (if appropriate), photographs (if taken), and any and all other documents which support the clientâ€™s claim. Once the client has reviewed and approved of the demand package, it will be sent to the insurance adjuster for the other driver. Generally this is that insurance companyâ€™s first opportunity to review all the medical records and fully evaluate the claim.
Medical Malpractice
Injury or death can be caused by many kinds of negligence, but some of the most common are: automobile accident, truck accident, bicycle accident, medical malpractice, animal attack (such as a dog or cat bite), and slipping and falling.
Auto Accidents
Dog Bites
Every year millions of people in the United States are bitten by dogs. Approximately one out of six bites requires medical attention by a physician. Oregon observes the "one-bite rule" which shields a dog owner from liability for the first bite injury to a human, unless the owner knew the dog tended to bite, caused the bite negligently or intentionally, or violated a leash law or other animal control law.Â These cases are difficult and you should retain an attorney early in the process, particularly in order to establish liability of the dog owner.Â If the dog owner is liable, then the dog ownerâ€™s homeowners or renterâ€™s insurance should pay for your injuries. Â Injuries caused by dog bites frequently look bad at first.Â Be sure to take multiple photos of your injuries from multiple angles, and do so at every step of the recovery process.

Trusts and Estates

Estate Planning
Estate planning involves managing your assets so they will be distributed consistent with your wishes after your death. These assets may be owned by you alone or jointly with others, such as your spouse. An estate plan should consider all assets owned by the client, including, but not limited to, real property, business interests, investments, insurance proceeds, personal property, and even your personal effects. Estate planning generally is accomplished through a variety of methods, which may include one or more of the following...
Wills
While there are many ways to direct how you want your assets to pass upon your death, most people use either a will or a revocable living trust to specify how they want their assets to pass, and to whom. Wills are less expensive initially, but usually require probate, which involves a greater expense on the death of the maker of the will. Living trusts are more expensive initially, and continue to cost money while you are living (due to the need to â€œmaintainâ€ the trust), but usually avoid probate, making them less expensive on the death of the maker of the trust. They are two different roads to the same destination. Which road you select depends on your individual needs and preferences. For a comparison of wills and trusts, CLICK HERE. Otherwise, set forth below is information about each. Please contact me if you wish to discuss these options further.
Trusts
A will is a document which sets forth how you want your assets to pass upon your death. Your property remains in your name (as opposed to a revocable living trust, wherein your property is transferred to your trust) and the will is not effective until your death. Upon your death, the will is admitted to court and the process known as â€œprobateâ€ is started. At that point your will is effective and we begin to act on its requirements. If you would like to read a short description of â€œProbate,â€ CLICK HERE. Generally, however, probate is the legal process necessary in order to transfer the title of the property from the decedent to the people the decedent listed in the will. Through a will, and then the probate process, you can also specify who will take care of your minor children and their property.
Power of Attorney
A Power of Attorney is a legal document which authorizes someone other than yourself to act on your behalf and perform one or more specified acts, such as sell an item (like a house, a car, or other). A Power of Attorney is said to be â€œDurableâ€ if it contains language that it survives the signer becoming incapacitated. A Durable Power of Attorney is often prepared as part of an estate plan, as it can be important to have someone you trust able to act on your behalf in the event you become incapacitated. If you become mentally or physically unable to conduct your day-to-day affairs, you will likely need an agent to forward your mail, deposit checks payable to you, pay your bills, or even sell your residence to pay for necessary medical treatment or your continued care. So long as you have a person you trust with this responsibility and authority, I strongly recommend Durable Power of Attorney.
Probate

Bankruptcy

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