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Oregon Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Am I able to file to file a small estate affidavit, since I am listed as 100% owner since my husband died?

We owned the house outright, but he took out a 30 yr mortgage in his name. I am paying that monthly , but it is a debt. If I had to claim the house, it may come in at over $200,000 limit..

Theressa Hollis
Theressa Hollis answered on Jul 14, 2020

If you are on the Deed to the house then you likely do not need a probate or small estate affidavit. You can just keep paying the mortgage or refinance it into your name.

If it is only your husband's name on the Deed then you will need a full probate if the fair market value as of his...
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1 Answer | Asked in Employment Law for Oregon on
Q: I signed a contract for a school for the upcoming year and want to know if I can back out without any legal consequence

Contract says: It is hereby agreed between the Board of Education of School District #10 and the undersigned licensed staff member that the licensed staff member will teach in the schools of the district for the 2020-2021 school year. It is further understood and agreed that this contract is... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jul 14, 2020

I doubt that is the entire contract, as those contracts usually gone on for several pages, and no attorney can give you an answer without reviewing the entire contract.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a Landlord/Home owner raise rent on tenants during covid 19?
Gregory L Abbott
Gregory L Abbott answered on Jul 13, 2020

Certainly as long as they provide at least 90 prior written notice and are otherwise in compliance with the rules. The Covid-19 emergency has gotten tenant protections against being evicted for non-payment of rent and for no-cause termination of tenancy notices but there is no prohibition against... Read more »

1 Answer | Asked in Probate for Oregon on
Q: I have filled out subpoenas for information in a probate case. The judge is holding them.

I filled them out 5 weeks ago and sent them to the court to be signed. They are requesting phone records, text messages, Documents for a will contest. The judge is holding them and when I check it is something different. Today I was told the Judge is researching to see if he can even sign them? If... Read more »

Theressa Hollis
Theressa Hollis answered on Jul 13, 2020

I recommend you hire an attorney to assist you with this case. I'm not entirely sure what "Subpoenas for information" refers to. If you are trying to pursue a Will contest there are important time limits in place so it's essential that you hire an experienced probate litigator as soon as possible

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: In Oregon can a landlord make you neuter your dog and if you don't, evict you???
Jennie Lynn Clark
Jennie Lynn Clark answered on Jul 12, 2020

I would look to your rental agreement to see if the issue of dog neutering is addressed. Landlords can have a policy of no dogs or only neutered dogs. If your dog is a service dog, then the landlord will need to accommodate your disability. I am not sure if the neutered status of your dog affects... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Oregon on
Q: My son was written up for reckless driving after running a stop sign on a country road. Fine is $6250.

This fine is devastating and seems way out of line with the infraction. There was no one at the intersection (except the officer), he was driving under the speed limit, and he made a conscious decision when he saw the stop sign that it would be safer to drive through it than to slam on the breaks.... Read more »

Jared Justice
Jared Justice answered on Jul 10, 2020

That fine is the maximum fine for a class A misdemeanor.

Typically, that is not the fine that is imposed (at least I have never seen it/heard about it being imposed).

Your son would be wise to get an attorney, prior to his court date. In my opinion, it is usually best to find an...
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1 Answer | Asked in Immigration Law for Oregon on
Q: My passport from Venezuela expired & I have I-751 case pending. I cannot renew my passport. Can I get a travel doc?

Since Venezuela does not currently have working consulates in the US where I could renew my passport, can I apply for a I-131 travel document that would replace my passport if I intend to travel overseas, Europe for example? I will also be eligible to apply for naturalization in September. Would... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 10, 2020

An expired passport will not effect your NATZ application.

Yes, you may apply fo a travel document.

1 Answer | Asked in Criminal Law for Oregon on
Q: charged me 5 cents for a paper

I was making a purchase in a Chevron convenient store located in Dexter Oregon and they charged me 5 cents for a paper bag that was from WinCo is that against the law especially during this whole Corona virus epidemic

Tim Akpinar
Tim Akpinar answered on Jul 10, 2020

An Oregon consumer rights attorney could advise best, but your post remains open for two weeks. That rule is being implemented by cities all over the nation and is more closely tied to recycling/waste reduction than to the pandemic. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: What happens if I cannot move out by the time indicated on my notice to vacate?

My house closing has been pushed back past when I am supposed to be out of my apartment and the landlord says I cannot stay longer. What happens if I stay past my move out date. I only need an additional 4 days.

Gregory L Abbott
Gregory L Abbott answered on Jul 9, 2020

No worries - while your landlord won't like it, and you will still owe rent for the additional days, the only thing the landlord can legally do is file to evict you in court. Not only does that cost him money, but your first court appearance cannot be before 7 days after he files (and no... Read more »

3 Answers | Asked in Bankruptcy for Oregon on
Q: Can I bankrupt one item from my credit - an eviction?

An ex and I signed a lease for an apartment 2016, 3 months before the year was up we had to move out of state and didn't have the money to pay the rest of the lease. Of course there is an eviction on my credit (and probably his too). He and I broke up due to abuse and I have no idea where he... Read more »

Michael Francis Barrett
Michael Francis Barrett answered on Jul 9, 2020

You cannot file for bankruptcy on only one debt - all of your debts must be listed and are affected. You may want to consider seeing a debt settlement attorney in your area, perhaps you can work out a favorable settlement on this one debt.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: Can I trademark Floyd D Duck? I think the trademark has lapsed
William Scott Goldman
William Scott Goldman answered on Jul 8, 2020

Well, assuming the grace period has already expired and there's no common law use or federal registration(s)/pending application(s) for anything identical or similar in the relevant categories, then you could attempt to register the mark. I'd recommend hiring a trademark attorney to... Read more »

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1 Answer | Asked in Banking, Business Formation, Business Law and Civil Litigation for Oregon on
Q: I had a business associate who was going to be a partner rip me off for a lot of money and inventory. We started

I had a business associate who was going to be a partner rip me off for a lot of money and inventory. We started a new joint bank account together at banner bank. What I did not know was he was friends with the assistant manager of the bank. So the next day she cancelled our joint banking account... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 8, 2020

If you opened a personal joint bank account, it is usually opened "A or B",not "A and B", which makes a huge difference. If the account was opened as "A or B" or "A,B", the meaning is the same. The Terms and Conditions agreement you would have been given by... Read more »

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: Is there a specific amount of time an owner can claim a lost cat before the cat is adopted?

A cat showed up at my house and I am trying in good faith to find her owners (if any) before I adopt her as my own. I took her to the vet after 3 days to scan for a chip (none), check for sterilization (spayed but not ear tipped), and check her overall health. I have checked any/all social media... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 7, 2020

In Colorado, the law on abandoned property is 5 years. You would have to look up the abandoned property law in OR, because animals are considered property there, too. That said, you are doing the right things to protect your ownership claim if the true owner does ever pop up.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I charge tenant now for damages but finish the work at a later time?

We had a tenant who broke the lease and left the floors in bad shape. More damage here than what is left of the deposit and so we will be looking for them to pay. This is definitely more than normal wear and tear but we have new tenants ready to move in and they are fine if we put off some of the... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 7, 2020

Yes, a landlord is entitled to recover damages even if they elect to not repair the property (the dwelling without the damages is worth $XXX. If tenant puts 6 foot hole in wall, dwelling worth $XXX minus cost of repair ($YY). So landlord can fix and return dwelling's value to $XXX or not... Read more »

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: Can my ex get away with stealing my dog if I allowed a day visit?

I allowed a 24 hour visit he's kept her now for 5 days threatening me if I call the cops, telling me I'm not fit cause I changed her name, she was on medication and because of this she's missing antibiotics. I don't know what to do he did not purchase her and we weren't together when I got her

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 5, 2020

Call the cops and show them the paperwork proving you own her. If the cops won’t help then you will have to sue him, unfortunately.

1 Answer | Asked in Divorce and Real Estate Law for Oregon on
Q: I am getting a divorce. The house belongs to her but is being transferred to me. How does this work?

If the home and all assets on it are going to me, but the loan is in her name, how does this work? Do I need to "purchase" it (even though the assets being put into the house are mine and already built into the house?) Or would it considered a refinance under another name? To confuse... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

This question goes across several aspects of law, as you noted when you classified it, Divorce, Real estate and Financing. You REALLY need to contact a local attorney (suggest Family Law/Divorce) to discuss what documents need to be drawn up and whether the bank needs to be made a party to the... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I evict a tenant during the pandemic if I plan to move into the residence?

I have a month to month lease agreement with the tenant that began in October, 2019. Originally I planned to move out of state but plans changed. Is the fact that I will be moving back into the residence cause to file eviction during the pandemic?

Gregory L Abbott
Gregory L Abbott answered on Jul 1, 2020

It may be a permitted reason under ORS 90.427 (5) to issue a no cause termination (though if they have been there less than a year, you do not need a permitted reason) but it is expressly banned during the Governor's moratorium and technically is a potential misdemeanor if you do so. Further,... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I evict a tenant due to violations of the rental agreement during the eviction moratorium?

I have a tenant who has several violations of the rental agreement currently (Not maintaining yard or getting written authorization for new pets.) Can I evict on those grounds? They are contemplating using the moratorium to avoid paying rent and they told me I cant evict them. Doesn't the... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 1, 2020

Yes, you are almost correct - the moratorium also bans no-cause evictions. For cause, such as rental agreement violations, are still allowed. BUT your local court still has to be open and operating, so give them a call and ask about landlord-tenant matters. Good luck.

1 Answer | Asked in Employment Law for Oregon on
Q: workplace fairness and stigma

I had to leave work during the shut down to protect my loved one from possible exposure to the virus because i work for an ESSENTIAL buisness and the state issued its people to only go out for essential items, however many people were not following the policies in place so my work environment which... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 1, 2020

You could try reposting your question under the Employment Law/Employment Discrimination (if you feel some sort of discrimination could be involved) since it remains open for three weeks. There's no guarantee that every post is answered, but in those categories, your question(s) would have... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Probation periods and how do they work?

Recently my husband was fired from his work place because he got into an accident on company time with a company vehicle. When he tried to file a claim for unjust termination, the work place told him he couldn't do it because he has no union behind him because he wasn't past the probation... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jun 30, 2020

I would suggest contacting a law firm that handles union cases (labor law), such as McKanna Bishop Joffe, as they handle those types of cases. The probation period and rules associated with it should be in the collective bargaining agreement, which the union would have a copy of.

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