David M. Blair

Attorney At Law

Prior to joining with James R. Vestigo, Esq. to form Blair & Vestigo, PC, David Blair was Director of Labor & Employee Relations for Oregon Health & Sciences University, the second largest employer in Portland, Oregon employing approximately 11,000 people. Prior to that, Mr. Blair was in private practice representing public and private employers with a focus on Labor and Employment Law together with practicing in the area of Estate Planning.

Mr. Blair was born in 1953 in Portland, Oregon. He earned a Bachelor of Science degree in 1975 from Western Oregon University (formerly Oregon College of Education) in Monmouth, Oregon where he graduated with Honors (B.S., Social Science Corrections and Secondary Education). Mr. Blair earned his Doctorate of Jurisprudence degree in 1986 at Northwestern School of Law, Lewis & Clark College in Portland, Oregon.

Mr. Blair’s current practice emphasizes the following:

Real Estate

• draft and review sales agreements,
• assist with “sale by owner” transactions,
• easements,
• foreclosures, and
• litigation

Labor Arbitrator

Alternative Dispute Resolution

• workplace mediation
• labor education and training

Adoptions (step-parent, adult, and re-adoption).

Estate Planning

• wills,
• trusts,
• power of attorney,
• advanced health care directives,
• conservatorships,
• guardianships, and
• probate

Everyone should have a plan for their estate in the event they become incapacitated or die. Proper planning cannot only save your loved ones a good deal of time and money, but can provide them with a tremendous amount of relief and piece of mind during an otherwise very difficult time. People’s needs are also very different depending upon their age, extent of their assets, the size of their family, and their financial needs. If an individual should fail to plan for these contingencies, then any one of the following situations can occur:

IF YOU SHOULD BECOME INCAPACITATED WITHOUT A PLAN

1. Your care provider may not have immediate access to your assets burdening them with unexpected financial expenses.

2. Your care provider may have to petition the court to become your legal Guardian and/or Conservator in order to properly care for your needs. This will involve time and money for such a legal matter.

IF YOU SHOULD DIE WITHOUT A PLAN

1. Your loved ones may not have access to many of your assets (real and personal property).

2. It may be necessary for one of your loved ones to petition the court to seek the right to serve as your personal representative for the purpose of taking care of the needs of your estate. Your loved one may also have to post a significant bond with the court for the right to serve as your personal representative. The latter can be very costly.

3. Your estate will be distributed according to the State of Oregon’s plan pursuant to ORS Chapter 112. Generally, this plan is not deemed desirable or effective to meet your specific needs and desires.

4. Your estate could be taxed at much higher levels than is actually necessary, leaving less of your estate to your heirs.

5. Even with a plan, such as a do-it-yourself prepared Will, the document may not be legally effective. An attorney should review any such Will in order to avoid a number of probate pitfalls and unexpected expenses.

Options which should be seriously considered when creating an estate plan should include:

• Appointing one or more individuals with DURABLE POWER OF ATTORNEY status to enable them to step into your shoes in the event you become incapacitated and unable to conduct any new business or modify your Will.

• Establishing a WILL and naming a Guardian for all of your minor children. Your Will may also create a future trust for the economic needs of your minor children.

• Establishing a REVOCABLE LIVING TRUST (RLT) that allows the conveyance of all significant assets into trust for future distribution. An RLT is similar to a Will but without the formality of a Will or the necessity to probate the estate.

• Establishing a SPECIAL NEEDS TRUST in instances where an individual wishes to protect current assets against their need for future government assistance.

• Establishing a CHARITABLE REMAINDER TRUST where assets such as one’s residence may be distributed to an appropriate charity today while retaining a life estate in the residence and an immediate tax advantage.

Probate

Oregon has a very streamlined and efficient probate system. For the simplest of estates, the total probate cost can be under $1,000. With proper planning and a knowledgeable attorney, you can avoid [any] probate pitfalls. Probate is simply the process of winding up the financial affairs of a person and passing the assets on to his or her beneficiaries. Generally, it is assumed that probate has four parts: Collect the assets, pay the debts, pay the taxes and distribute the estate balance to the heirs or beneficiaries. Probate also includes admitting the Will to probate. That means that a probate judge, by written order, has determined that the document is the Last Will of the descendent and the property should be distributed accordingly. It is the mechanism used to evidence the transfer of property to the next generation. Factually, under Oregon law, a Will is of no force and effect until it has been admitted to probate. In many instances, probate can be avoided altogether through proper estate planning.