KATHRYN B. BROWN
Owner
ANDREW CUTLER
Publisher/Editor
TUESDAy, FEBRUARy 8, 2022
ERICK PETERSON
Hermiston Editor/Senior Reporter
A4
Founded October 16, 1875
OUR VIEW
Stepping
up to
help out
W
e often don’t think much
about blood unless it happens
to be our own, but the Amer-
ican Red Cross and, by extension, hospi-
tals are facing a shortage of it. So if area
residents can help, they should.
That means rolling up your sleeves at
a local blood drive. Such donations will
come not a moment too soon.
The Red Cross, which holds frequent
blood drives locally, reports it is facing a
severe crisis with blood supplies at a low
level not seen in decades.
An ample blood supply is critical for a
host of reasons. Blood donations are used
in surgeries, for those with blood disor-
ders such as sickle cell disease and for
cancer patients. Without an ample supply
of blood, those who need urgent care the
most may face delays and those delays
can be life threatening.
The Red Cross needs the entire nation
to step up and help and decide to give
blood.
Most local blood drives supply area
hospitals. That means if residents decide
to give blood they are most likely going
to be helping someone from their town
or region. O-negative blood is especially
needed now.
For some, giving blood is a routine
matter. For many of us though, the idea of
taking time out of the day to give blood
probably isn’t a priority. It is often easy to
forget that such actions as giving blood
makes a huge positive impact. It doesn’t
take long and the blood you may give
could save someone’s life.
Across the region the crisis isn’t as
acute as in other parts of the nation. In La
Grande and Baker City, there has been
an increase in blood donations during the
past year, but nationwide blood dona-
tions are down 10% since the start of the
COVID-19 pandemic.
The Red Cross is key to ensuring there
is enough blood. The agency supplies
about 40% of the nation’s blood supply.
That means when there is a local blood
drive by the Red Cross, area residents, if
they can, should mark it on their calen-
dar. When one gives blood they are
performing a civic duty, one that will
help the local community in an area that
is crucial.
Giving blood may not matter for most
of us in our daily lives but if an area resi-
dent needs a blood transfusion and there
isn’t enough of it around, then suddenly a
blood donation is a big deal.
EDITORIALS
Unsigned editorials are the opinion of the East
Oregonian editorial board. Other columns,
letters and cartoons on this page express the
opinions of the authors and not necessarily that
of the East Oregonian.
LETTERS
The East Oregonian welcomes original letters
of 400 words or less on public issues and public
policies for publication in the newspaper and on
our website. The newspaper reserves the right
to withhold letters that address concerns about
individual services and products or letters that
infringe on the rights of private citizens. Letters
must be signed by the author and include the
city of residence and a daytime phone number.
The phone number will not be published.
Unsigned letters will not be published.
SEND LETTERS TO:
editor@eastoregonian.com,
or via mail to Andrew Cutler,
211 S.E. Byers Ave., Pendleton, OR 97801
Determining custody of the dog in a divorce
BLAINE
CLOOTEN
ASK AN ATTORNEY
Q. Who gets the dog in a divorce?
A. Despite the fact that we may
see dogs as members of the family,
the court does not view them this way
during a divorce. Traditionally, courts
view companion animals as property.
Who will get the dog will vary from
judge to judge. There are some things
the court may consider in determining
who will get “custody” of the dog, such
as whether the dog was obtained before
the marriage, who actually acquired the
dog, whether there is a purchase agree-
ment or adoption certificate, whether
the dog was licensed, whose name is on
the license and whether the dog was a
gift.
When it comes down to it, the dog
will be considered a piece of property.
Ultimately, the court can distribute the
dog in any way it deems to be just and
proper. The court will generally take
these pieces of information and make
the decision if the parties cannot come
to an agreement. Often if there are kids
involved that love the dog, the judge will
award the dog to the parent who will
have the children the majority of the
time.
This is the type of scenario that will
depend on the facts and circumstances
of your particular case. I would recom-
mend you seek counsel from an attorney
so that you can fully explain the situ-
ation and understand the full range of
possibilities in your case.
Q. Is there a time frame in which
beneficiaries to an estate should
receive a report from the executor of
the estate regarding disbursement?
A. I am unsure whether this ques-
tion is asking, “Is there a time frame
for a report on how the estate will be
divided?” I’m picturing the old-timey
movies where everyone sits around the
attorney’s office while the will is read
aloud to the grieving family. This is
usually the “big reveal.”
Or, another way of reading this ques-
tion, “Is there a time frame on when
a report on the actual amounts to be
distributed?”
In any event, the simple answer to
both questions: No.
As to the first way of reading the
question, aside from looking at the
will itself, a good way to find out how
the estate is going to be divided can be
found in the information contained in
the petition, where the heirs are listed.
This would not necessarily lead a reader
to the specific amounts an heir can
expect to receive. This is because wills
generally do not use dollar amounts for
heirs, as the testator (will creator) does
not know how much money/assets they
will have when they pass away. Instead,
Wills usually give shares or percentages
to the heirs.
As for the second way of reading the
question, there is no specific timeline for
a plan of distribution to be submitted to
the court. The beneficiary determina-
tions of some estates can take years to
work through the probate process, while
others only take a few months.
Every estate that’s probated has an
executor or personal representative
appointed. The personal representative
isn’t able to make a plan for distribu-
tion until certain things happen first.
This includes determining all the assets
are accounted for and liquidated, and
all claims are paid (debts) and fees
invoiced.
Although there is no specific dead-
line for a “report to the beneficiary as to
who will be getting what,” the personal
representative is required to file an
annual accounting for the estate. The
first annual accounting is due 14 months
after appointment of the personal
representative and annually every year
thereafter. These annual accountings
do not state an heir’s distribution, but,
they do give some insight as to the work
the personal representative is doing and
what has been done.
If the estate is fully liquidated and
there is no other work that needs to be
done, it’s possible to raise the issue with
the court as the personal representative
has a duty to act timely and fairly. An
unreasonable delay could be grounds to
disqualify a personal representative.
Probate and estate related issues are
complicated. This information is a good
starting point and intended to be help-
ful but should not be relied upon solely.
Please talk to an attorney about your
case to fully understand your rights.
———
Blaine Clooten is an attorney serving
Umatilla County with a focus on family
law, estate planning and personal injury
cases. Questions answered do not create
an attorney-client relationship. Facts and
law may vary; talk to an attorney for more
information.
YOUR VIEWS
Clarification on
local property
transaction
Due to some inaccuracies
in a recent letter to the editor
and a few comments on Face-
book, I would like to clarify
the recent property transac-
tion between the Active Senior
Center of Pendleton board and
Pendleton Children’s Center.
Dating back to 2017, the
East Oregonian has reported
the senior center as an organi-
zation had been experiencing
dwindling involvement and
support.
In 2019 the Pendleton Chil-
dren’s Center board began
efforts to establish a large,
high-quality child care center
in Pendleton.
Both organizations
suffered setbacks due to the
pandemic: PCC experienced
a slowdown on its project, and
sadly, it was the last straw for
the already struggling senior
center organization. Just more
than a year ago, I joined in
PCC’s efforts to find a build-
ing suitable for a child care
center. Since then we have
considered at least 50 avail-
able commercial buildings,
properties and churches to
determine whether they could
be a feasible location, consid-
ering the state-mandated rules
and regulations governing
child care facilities. All of
these efforts were to no avail.
During this time the senior
center has sat empty and
unused. We learned the senior
center board had decided it
would be best to dissolve as an
organization and donate the
building to another nonprofit.
We, along with other nonprof-
its, put in a proposal describ-
ing how we would use the
building to fill an unmet need
in our community.
The senior center board
voted unanimously to give the
building to PCC. The board
felt this project would provide
the greatest benefit to the
community because the child
care shortage in Pendleton is a
huge problem and this build-
ing could be the beginning of
a solution.
The city was not involved.
No money was transferred.
This transaction was just two
nonprofit boards each doing
what they believed to be best
for their members and the
community. We very much
appreciate this generous gift.
With financial help from
the entire Pendleton commu-
nity, we hope to start provid-
ing child care by the end of the
year.
Britteny Jackson
Pendleton
Mask mandates,
distancing costing
us our future
Oregon leaders have put
schools in difficult positions
at the expense of our children.
As an educator in Northeast-
ern Oregon, I have watched
my students and own chil-
dren suffer as a result of mask
mandates and social distanc-
ing rules for two years.
Students are demonstrat-
ing deficits in social/emotional
skills, speech and language,
and in academics. There
are increased mental health
concerns among both students
and school staff. School
boards are tasked with enforc-
ing the mandates or risk losing
funding.
Administrators “threaten”
students with the loss of extra-
curricular activities and more
online school due to school
closures if they don’t comply.
The teachers’ union contin-
ues to conspire with Oregon
leaders as they control public
schools. All while masked
students and staff continue to
fall ill with COVID-19, the flu
and other normal illnesses that
circulate through schools.
Mask mandates and social
distancing rules are costing us
our future. It’s time schools,
staff, parents and students
demand local control and that
mask wearing becomes an
individual choice.
Allie Scott
Union