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Oregon Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Social Security for Oregon on
Q: I applied for disability and was denied. What should I do in my appeal to get a better chance of being approved?

I have a congenital heart condition which has required 2 surgeries already, a malformed hand from a birth defect, a knee which the doctor says will need surgery to fix and rebuild (I walk with a cane), and several diagnosed mental health conditions. As far as I can tell, the disability board only... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jan 19, 2022

The majority of people are denied at the first two stages of the process so don’t let that discourage you. When you file the appeal make sure you give detailed information about all of your medical conditions and list all of your treatment providers. While a note from your doctor saying you are... Read more »

3 Answers | Asked in Immigration Law for Oregon on
Q: What forms are needed for a spouse to stay in the country legally?

My husband is from the UK here on a tourist visa. What forms do I need to fill out so he can stay??

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 18, 2022

No attorney will guide anyone remotely by way of a remote paragraph to handle such a complex issue as an adjustment of status for an immediate foreign national family member without any review and knowledge of the matter.

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1 Answer | Asked in Immigration Law for Oregon on
Q: Filling out visa documents, what point does my UK husband not have to worry about overstaying his tourist visa?

We have filled out forms I-130, I-130a, I-485, I-864, I-765.

Nareshwar Singh Virdi
Nareshwar Singh Virdi answered on Jan 18, 2022

As soon as USCIS issues a file #, your husband becomes a C-9 beneficiary. He can be present in the US until USCIS adjudicates the I-485. There are 2 final outcomes: Either the application is approved and he receives the green card. Or if it is denied, he could leave the country or appeal.

1 Answer | Asked in Personal Injury for Oregon on
Q: Can a plaintiff get any late assistance in a civil case?

Im at the stage where I need help with subpoenas.

Tim Akpinar
Tim Akpinar answered on Jan 17, 2022

An Oregon attorney could advise best, but your question remains open for a week, and evidence in personal injury cases can sometimes be fleeting in nature. You might be able to (if you have not already succeeded in doing so by now). But nationwide, what you describe sometimes takes some effort.... Read more »

1 Answer | Asked in Car Accidents for Oregon on
Q: in a car accident

I was in a car accident that wasnt my fault. At the time of the accident, i hadnt realized it but my insurance lapsed. I had my damages appraised at just over 1000 dollars. the accident report states that unless the damages are 2500 or more I didnt have to file an accident report. so I didnt.... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 13, 2022

An Oregon attorney could advise best, but your post remains open for two weeks. I'm sorry this happened to you. Based on your description of events, you acted reasonably, since you were not aware that the other driver would report injuries. And in many jurisdictions, the reporting thresholds... Read more »

1 Answer | Asked in Copyright for Oregon on
Q: Is it considered copyright infringement if someone uses copyrighted initials in part of their name?

For instance, CPK is copyrighted by the Cabbage Patch Kids company. So if someone uses CPKCLAIRE would that be infringement? Specifically the ending of a URL, like blogspot.com/cpkclaire.

Update: In regards to Michael’s answer, CPK is a registered trademark, so if someone uses it with... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 13, 2022

No, because you cannot copyright initials or even a signature. But, you can trademark initials and signatures.

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for Oregon on
Q: Does one have a chance to come back to U.S. after being deported for aggravated felonies if mother is a U.S. Citizen?
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 11, 2022

In my opinion after a removal for several aggravated felonies convictions the chances of being permitted for admission to the United States are nil, notwithstanding the legal status of immediate family members in the U.S.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What happens if a landlord sends you a receipt for damages after 31 days has already passed? In Oregon.

Also, does moving early and prorating rent end the lease at that time?

Katherine Goodman
Katherine Goodman answered on Jan 11, 2022

If you have a security deposit and your landlord did not give you an accounting statement within 31 days of you vacating the property and/or returning possession of the property back to your landlord, you may have a claim of wrongful withholding of your security deposit against your landlord.... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: Can a person sell or donate their share of an undivided property without the consent of the other owners?

In the State of Oregon

Katherine Goodman
Katherine Goodman answered on Jan 11, 2022

Without knowing more facts about the property, what your share of the property, and the terms of the agreement that you and the other owners entered into, it is unlikely. If you not have had a real estate attorney review the contract, agreement, you have with the other owners you should do so... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: Is an "Agreement to Occupy after Closing" void if insurance requirement is not met by seller?

We are purchasing a home in Oregon. Seller wishes to remain in possession for 7 days after closing. Both parties have signed an Oregon standard "Agreement to Occupy after Closing " addendum, which requires that the seller provide renter's insurance naming the buyer as an... Read more »

Katherine Goodman
Katherine Goodman answered on Jan 7, 2022

You should contact a real estate attorney to have them review the document that was signed as there could be additional facts or language of the document which could affect the analysis of your question.

1 Answer | Asked in Employment Law, Contracts, Business Law and Civil Litigation for Oregon on
Q: Does the statute of frauds apply to employment agreements?

I was given an offer of employment. I accepted the position and I quit my job to take the new job. The day before my start date I was informed that my start date was being postponed due to weather conditions. After inquiring as to when I would begin working for them I was told that they would not... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 5, 2022

The statute of frauds is used to basically invalidate contracts, which is not what you are trying to do.

You may have a breach of contract if you can show the contract was for a certain length and thus it was no longer at will, or potentially a promissory estoppel claim due to quitting your...
Read more »

1 Answer | Asked in Contracts, Employment Law, Business Law and Small Claims for Oregon on
Q: I signed a paper in November saying I was getting a dollar raise I have not received my raise yet.

I signed a paper saying I was getting a dollar raise back in November, we are now in January and I have not received my raise on my paychecks. My pay stubs still say the same amount. I have talked to my boss more than one time about this and was told the bookkeeper was going to fix this but has not... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 2, 2022

Other than quitting, or bugging them, they really is not much you can do until you are no longer employed there. Once you leave, assuming they do not fix it, then you have some options that will get you the back wages and likely penalties as well.

1 Answer | Asked in Employment Law for Oregon on
Q: My employer wants us to work OT at the regular rate to pay back front-loaded sick time. Is that legal?

My employer is providing a one-time loan of 40 hours of PTO due to Covid and loss of work for winter weather (we're a construction company). They would like us to pay back that money by working overtime, though they'll only compensate us at our regular rate of pay, citing the risk that... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Dec 30, 2021

Yes, they cannot do that. No matter what, other than if you are exempt from OT in general, if you work more than 40 hours in a week, you are owed OT.

1 Answer | Asked in Trademark for Oregon on
Q: The legality of using a companies logos on a startup's website for the user's information

Hello, I have a question about the legality of using a companies logos on a startup's website for the user's information on a topic of which companies developments we use in our product. For example: "We are working with --> then goes the logos (Google, OpenAI, Epic Games) -->... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2021

Depends on the use. Most of the time they would have a program to allow people to show their logos.

Consult with an attorney.

1 Answer | Asked in Probate for Oregon on
Q: Grandmother passed in 2008. As an heir I would like to receive a copy of Will. Where/how do I request a copy?

My Grandmother died in 2008 in Portland, OR. I was a legal heir but never received a copy of the Will. I would like to receive a copy from the court if it is filed there? How/where do I request one?

Theressa Hollis
Theressa Hollis answered on Dec 29, 2021

If your grandmother's Will was probated in Oregon then I will be happy to obtain a copy for you.

If it was not probated (for example, if she had a Revocable Living Trust or owned no assets in her name alone at her death) then there is no way official to locate a copy of her Will. If...
Read more »

1 Answer | Asked in Probate for Oregon on
Q: Can a trustee tell a beneficiary that they can't use electtronic company to sign a document?

Trust in oregon, also trustee says we can't move forward 8f I don't sign her way,. Can she do that?

Theressa Hollis
Theressa Hollis answered on Dec 27, 2021

If the Trustee prefers that you sign the document and mail it to her then there's no reason not to do that. Estate planning and probate documents are not generally signed using an electronic signature.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Oregon on
Q: What does a person do when they have a (rather substantial) claim, yet is unable to even get in contact with a lawyer?
TeAnna Rice
TeAnna Rice answered on Dec 23, 2021

There is no doubt that there is an shortage of attorneys and there will only continue to be some. Furthermore, due to COVID-19, trials are not moving fast enough, which leads to an increase in attorney workload. The best thing to do is to continue to search for an attorney to assist. Over the... Read more »

1 Answer | Asked in Personal Injury, Products Liability and Small Claims for Oregon on
Q: So it turns out my stroke is directly linked to my use of Advil. I never knew how dangerous it was. Can you help?
Tim Akpinar
Tim Akpinar answered on Dec 14, 2021

An Oregon attorney could probably advise best, but your question remains open for a week. In terms of your question asking for help, a likely response may be that you would need to reach out to law firms to discuss in further detail. Firms that handle cases involving medications will look at an... Read more »

1 Answer | Asked in Estate Planning for Oregon on
Q: My father passed away a month ago. He died intestate. He had a small estate. My sister is keeping everything. How ?

He had a life insurance policy, a savings account and checking. She is on checking account. She was not on savings and beneficiary of insurance is deceased for 20 years our mother. Can't get a lawyer to return call. How can she do this. Avoid probate. I have called 7 lawyers no one returns call.

Theressa Hollis
Theressa Hollis answered on Dec 10, 2021

I'm very sorry for your loss. It's possible that your sister is keeping everything because she was a joint owner or payable-on-death beneficiary on your father's bank accounts. It's also possible that your father changed his life insurance beneficiary before his death and could... Read more »

1 Answer | Asked in Civil Litigation and Estate Planning for Oregon on
Q: Filing a small estate affidavit in Oregon while being an convicted felon

Hello, my good friend of mine recently passed away. She had an will (notarized) saying that I was sole beneficiary to her whole estate no one else. She had no living relatives or family members. I was reading the paper work for the small estate affidavit saying that no convicted felon can file. I... Read more »

Theressa Hollis
Theressa Hollis answered on Dec 7, 2021

If you are a convicted felon Oregon law does not allow you to file a Small Estate Affidavit. I recommend that you have someone else file it. Possible options are someone who is named as the alternate Personal Representative, an intestate heir (immediate family to the decedent) or a creditor... Read more »

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