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Oregon Business Law Questions & Answers
1 Answer | Asked in Probate and Business Law for Oregon on
Q: How can I obtain documentation to manage deceased husband's accounts in Oregon?

I need assistance obtaining a statement from the state or the courts to access and manage my deceased husband's bank accounts and storage sheds. He did not leave a will, and the bank requires proof that I am authorized to handle his assets. As his surviving spouse, how can I obtain the... View More

Theressa Hollis
Theressa Hollis
answered on Jul 30, 2025

I'm very sorry for your loss. If the Bank is requesting documentation of your authority over your husband's accounts this likely means that you will need to file a probate (or simple estate affidavit depending on the value of the estate).

Since he passed with no Will you have... View More

2 Answers | Asked in Business Law, Insurance Defense, Workers' Compensation and Personal Injury for Oregon on
Q: Should I hire contractors with insurance for arborist work?

I'm in the process of hiring an arborist and am concerned about potential risks, such as the arborist dropping a tree on my house or a worker getting hurt on the job. Should I only hire contractors with insurance to cover such incidents?

Spencer Aldrich
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Spencer Aldrich
answered on Jul 24, 2025

Personally, i would not hire anyone to do skilled and potentially dangerous work on my property without vetting that contractor and making sure they have proper licenses/certifications and are bonded and insured.

If one of their workers gets hurt on the job (at your house) it might be a WC... View More

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3 Answers | Asked in Probate, Estate Planning, Business Law and Real Estate Law for Oregon on
Q: How do I find out if my late father had a will in Oregon and if anything was left to me?

I recently discovered that my father passed away in Oregon in 2022, but no one notified me. He was not married and had three surviving children, including myself. He owned a business, his home, and a vehicle. I've been in contact with his sister, who appears to be preparing to sell his house,... View More

Jim Boness
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answered on Apr 3, 2025

Under Oregon law, any person who has custody of a will is required to deliver it to the court with jurisdiction over the estate or to the personal representative named in the will within 30 days of learning of the testator's death. This ensures that wills are properly filed and accessible for... View More

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3 Answers | Asked in Probate, Estate Planning, Business Law and Real Estate Law for Oregon on
Q: How do I find out if my late father had a will in Oregon and if anything was left to me?

I recently discovered that my father passed away in Oregon in 2022, but no one notified me. He was not married and had three surviving children, including myself. He owned a business, his home, and a vehicle. I've been in contact with his sister, who appears to be preparing to sell his house,... View More

Theressa Hollis
Theressa Hollis
answered on Apr 3, 2025

If you have not received notice of a probate in the mail, then it’s possible that your father may have had a revocable living trust at his death. His sister may be the trustee of the trust with authority to sell the house. If you give me a call I can check for a probate in the Oregon court system... View More

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1 Answer | Asked in Employment Law and Business Law for Oregon on
Q: How much trouble can a non government business get in trouble for paying a 13 year old under the table

They also lie about products being new and sealed

Calvin A. Knickerbocker III
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answered on Sep 12, 2024

Paying a 13-year-old under the table involves several legal and ethical issues, primarily centered around labor laws, tax evasion, and child labor regulations:

In the U.S., the Fair Labor Standards Act (FLSA) sets strict guidelines on when, for how long, and under what conditions minors can... View More

1 Answer | Asked in Business Law for Oregon on
Q: Can a store be liable if an employee consents to watching a customer's belongings and the items are stolen?

Oregon. Hypothetical. There are signs posted that the store is not responsible for lost or stolen items. If an employee were to agree to watch over a customer's items and the items are stolen, can the store be held accountable and potentially sued?

Jim Boness
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answered on May 29, 2024

If the store was negligent for failing to properly train and supervise its' employees, or not implementing adequate policies to secure the customer's belongings, that store could face liability. Generally, the store will be liable if the employee's actions were within the scope of... View More

1 Answer | Asked in Contracts and Business Law for Oregon on
Q: Anyone able to offer some unbiased direction for someone having to self represent in Oregon?

I am looking for some direction on how to move forward in a civil suit. I feel as though my side has not been represented because I am not doing something right but the plaintiff has submitted information that the judge is seeing? The short version is that the plaintiff is dragging out this... View More

Jim Boness
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answered on May 1, 2024

Sorry to hear of your plight. The litigation process can be confusing, long, time consuming and expensive, especially if you do not have an attorney. My first advice is try to find an attorney. If the amount you can lose is the same or more than the cost of an attorney you will be better off, this... View More

1 Answer | Asked in Business Law for Oregon on
Q: corporation law. Small corp C Who is supposed to schedule the annual meetings?

Have a secretary in place for 16 years and has done zero for the company. also 50% shareholder.

Jim Boness
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answered on Jan 30, 2024

First, the governance of corporations is dictated by Oregon statute, however, the corporations' bylaws, which can and often do override default rules for many things, would be the first place to look when attempting to answer this question. As stated in ORS § 60.061 and ORS § 65.061, bylaws... View More

1 Answer | Asked in Business Law and Gov & Administrative Law for Oregon on
Q: Do I need a license to sell fermented Sodas made in a home kitchen? Do I need to use a commercial kitchen?

My friend and I want to start a business in the state of Oregon. We want to make and sell fermented sodas. Do fermented sodas (which use a process similar to kombucha) fall under “low acid canned goods”? Can we sell the product we make at home or do we have to use a commercial space to make them?

James L. Arrasmith
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answered on Dec 26, 2023

In Oregon, starting a business that involves the production and sale of fermented sodas does require attention to certain legal and health regulations. The classification of fermented sodas, especially if they are similar to kombucha, may not fall under the category of “low acid canned goods,”... View More

1 Answer | Asked in Business Law, Contracts, Civil Litigation, Real Estate Law and Military Law for Oregon on
Q: Do I need to attend a deposition if the seller altered our contract and is suing for breach?

I am a disabled veteran facing a legal situation where the property owner from whom I am purchasing a home has sued me for breach of contract, and I'm due for a deposition tomorrow, November 4th, at 10 AM. The complications arose after the owner changed the contract in handwriting, then moved... View More

James L. Arrasmith
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answered on Nov 3, 2025

If you were properly noticed or subpoenaed for a deposition tomorrow, November 4 at 10 AM, you must appear unless you have a court order or a written stipulation continuing it. Skipping, even if you believe you have strong defenses or counterclaims, risks sanctions, fee shifting, and orders that... View More

1 Answer | Asked in Business Law and Civil Litigation for Oregon on
Q: How to pierce the corporate veil before judgment against a contractor in OR?

I am about to win a judgment against a contractor who has incorporated his business, although he is the sole person involved. The corporation has no assets, but the contractor does. I want to pierce the corporate veil before the judgment comes in, and I'm concerned because he might have formed... View More

James L. Arrasmith
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answered on Oct 3, 2025

In Oregon, piercing the corporate veil is not something you can usually do before judgment. Courts typically require you to first obtain a judgment against the corporation itself, and only then can you bring a separate claim or motion to hold the individual owner personally liable. This is because... View More

1 Answer | Asked in Business Law and Contracts for Oregon on
Q: How to reimburse credit card charges for art projects and bills?

I need assistance on how to reimburse someone for credit card charges related to art projects and bills. What steps should I take to ensure the reimbursement process is handled correctly?

James L. Arrasmith
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answered on Sep 30, 2025

The first step is to make sure you have clear documentation of the charges. Ask the person who used their credit card to provide copies of receipts, invoices, or statements that show the expenses were for art projects and bills you agreed to cover. Having this paperwork protects both of you and... View More

1 Answer | Asked in Business Law, Contracts, Real Estate Law and Civil Litigation for Oregon on
Q: Legal risks for unregistered Utah LLC buying property in Oregon and subcontracting.

I purchased a house in Oregon for personal use under my Utah LLC, which is not registered in Oregon. After hiring a subcontractor for repairs, I sued the contractor for $70,000 due to a contract dispute, even though my LLC wasn't registered in the state. I've heard rumors that I might be... View More

James L. Arrasmith
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answered on Sep 12, 2025

You are facing several serious legal risks by operating an unregistered Utah LLC in Oregon. Because your LLC isn’t registered as a foreign entity in Oregon, the state may not recognize it as a separate legal entity. This means that the protections that usually shield your personal assets from... View More

1 Answer | Asked in Business Formation, Business Law, Construction Law and Real Estate Law for Oregon on
Q: Legal risks for unregistered LLC buying in Oregon and subcontracting fixes.

I own an unregistered Utah LLC that bought a home in Oregon sight unseen, which turned out to be rotten. I hired a contractor who did an amazing job fixing it and kept me informed of the work, sending pictures. His contract stated that the price would change if rot was found, but he never provided... View More

James L. Arrasmith
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answered on Sep 12, 2025

You face several potential legal risks with this situation. First, because your Utah LLC is unregistered in Oregon, it may not be legally recognized to own property, enter contracts, or be sued as a business entity there. Oregon law could treat the LLC as a foreign entity doing business without... View More

1 Answer | Asked in Criminal Law, Business Formation, Appeals / Appellate Law and Business Law for Oregon on
Q: Seeking guidance on obtaining a contractor's license in Oregon with a criminal history.

I have a criminal history that includes a robbery charge from 25 years ago and other Class C felonies from 8 years ago. Since then, I've graduated from college with a 3.85 GPA, achieving honors and demonstrating significant personal growth. I am now trying to start my own business and need to... View More

James L. Arrasmith
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answered on Sep 11, 2025

You can still apply for a contractor’s license in Oregon even with a criminal history. The licensing board reviews applications on a case-by-case basis and considers factors such as the nature of the offenses, how long ago they occurred, and evidence of rehabilitation and good character. Your... View More

1 Answer | Asked in Business Law, Civil Litigation, Landlord - Tenant and Real Estate Law for Oregon on
Q: Management directed me to park in a no parking zone, then towed my car within 2 hours. How can I seek reimbursement in Oregon?

I was directed by management to park my car in a no parking zone on private property, with the assurance that I had up to 2 hours before any action would be taken. However, after just 38 minutes, my car was towed. When I inquired about the situation, the management laughed and simply stated that I... View More

James L. Arrasmith
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answered on Sep 2, 2025

In Oregon, if you were instructed by management to park in a restricted area and then towed despite following their direction, you may have grounds to seek reimbursement. The fact that you have witnesses who can verify the conversation strengthens your position. Their mocking response and... View More

2 Answers | Asked in Business Formation, Business Law and Banking for Oregon on
Q: Is a trust account required for a cleaning service referral agency in Oregon?

I’m opening a house cleaning service referral agency in Portland, Oregon. I've registered the business and it is in the final stages of formation, but still pre-launch. I've heard that in some states, a trust account is required to hold client payments and disburse cleaner payments,... View More

Jim Boness
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answered on Sep 2, 2025

It appears that Oregon has no trust account requirement for a house cleaning referral service. As an extra resource, you might consider checking a couple of state of Oregon websites to see if you have any other requirements.... View More

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1 Answer | Asked in Business Law, Contracts and Small Claims for Oregon on
Q: Who should I sue for unpaid carpet cleaning work: property manager or owner?

I'm trying to get paid for carpet cleaning work I've completed at three hotels. I had a verbal contract with the property manager, who represented themselves as having authority for three separate locations. I've been paid about half of what's owed. Despite requests for full... View More

James L. Arrasmith
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answered on Aug 2, 2025

You’ve put in the work, and it’s completely fair to expect payment in full—especially when the terms were clearly communicated and partially paid. Since your agreement was with the **property manager**, and they acted as if they had the authority to hire you, they are likely the proper party... View More

1 Answer | Asked in Business Law, Contracts and Employment Law for Oregon on
Q: Job offer from vendor, request for good faith agreement with current employer in Oregon.

I have worked for my current employer for over twenty years. I'm considering a job offer from a vendor that sells to my current company. The prospective employer has asked me to request a good faith agreement from my current employer, ensuring they won't retaliate by ending the business... View More

James L. Arrasmith
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answered on Jul 19, 2025

You’re in a sensitive position, and it makes sense to want clarity before making a big career move. Asking your current employer for a good faith agreement not to retaliate against the vendor may feel awkward, but it's an understandable request considering your long history with the company.... View More

2 Answers | Asked in Contracts and Business Law for Oregon on
Q: Can I do contract work under a non-solicitation agreement?

I have a non-solicitation agreement with my employer that restricts me from soliciting or working with their clients. I want to continue my employment but also do contract work for another organization in the same industry. The contract work does not involve my employer's clients, and I am not... View More

Jim Boness
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answered on Jul 16, 2025

You indicate that you have a non-solicitation agreement with your employer. Without reviewing that agreement, it would be difficult to answer your question. That agreement would spell out the limitations involved and the conduct proscribed. You did not mention anything about whether you are subject... View More

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