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the initial 5 year term. It has now gone thru its 2nd 5 year term and is currently in its 3rd five year term. I requested to terminate the contract. I was told that I could only terminate it with notification at the end of a five year term. I gave written notice recently. Do these contracts run in... View More 
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answered on Dec 19, 2024
Contracts generally do not run in perpetuity, but they can control the manner and timeframe for termination. As long as the contract is legally binding, you would have to terminate in accordance with the terms of the agreement you signed.
If this contract is governed under the laws of... View More
answered on Dec 18, 2024
That's a great question. I highly recommend that you hire a competent trademark attorney to run a clearance search before you launch the brand. That search should take approximately 1-3 hours, depending on how many results need to be reviewed. If you get the green light, you should also... View More
A lawyer has requested me not to talk to a specific elderly person about topics that *may* upset the person under threat of getting the court to disallow communication. Those are the primary topics that said person likes to discuss. They aren't illegal topics. Just sharing opinions.... View More
answered on Dec 11, 2024
In Oregon, when a Guardian has been appointed for an incapacitated adult (protected person) the Guardian may limit association between the protected person and another person "To the extent the guardian determines necessary to avoid unreasonable harm to the protected person’s health, safety... View More
I was incarcerated on the 5 th October 2024 while I was you jail .my personal property was stolen out of my private room . My
answered on Nov 12, 2024
It is not clear to me whether you have valid claims but if so, the likely most important thing you can do right now is to document everything as fully as you can. Notices, documents, witnesses, pictures, etc as well as proof of what you lost and its value. You have 1 year after the event to sue... View More
Oregon tenant law, Landlord completed $1000 worth of repairs to property deducted the total from security deposit instead of billing tenant directly. Now he says tenant needs to repay the $1,000 to fill up the security deposit again. Tenant is on a 1 year lease until 1/1/25. Is it legal for the... View More
answered on Nov 6, 2024
The security deposit is to cover the costs of damages that the tenant is responsible for. A landlord is free to charge against it anytime and to require the tenant to restore the deposit's balance. You can request proof of the charges but this means the landlord doesn't have to advance... View More
She sends him 150 dollars a week on a card. The will clearly stated upon my death, but he has received no money other than the 150 a week which he cannot live on. She has repeatedly threatened to sell the house which was left to him.
answered on Nov 4, 2024
It's possible that your friend could go to Court to have the Trustee removed. However, the most cost-effective thing is for him to work with the Trustee. It's a very good idea for your friend to hire a probate attorney to review the Trust and advise him of his rights. If the trust is... View More
answered on Oct 28, 2024
There are three kinds of spousal support in Oregon:
Transitional
Compensatory, and
Maintenance.
Transitional support helps pay for education or training so that a divorced spouse can find work, change careers, or advance in the job market. Transitional spousal... View More
The language:
In Article VI, C Mom's will says "I authorize and empower my Personal Representative to seland transfer any or all of my property, real and personal as I the discretion of my Personal Representative may reasonably be necessary for the payment of claims, expenses of... View More
answered on Oct 24, 2024
Probate is not always necessary. For example, if the deceased person owned bank accounts or property with another person, the surviving co-owner often will then own that property automatically. If a person dies leaving very few assets, such as personal belongings or household goods, these items can... View More
The language:
In Article VI, C Mom's will says "I authorize and empower my Personal Representative to seland transfer any or all of my property, real and personal as I the discretion of my Personal Representative may reasonably be necessary for the payment of claims, expenses of... View More
answered on Oct 25, 2024
Please accept my condolences for your mom's passing. Unfortunately, that provision in your mom's Will doesn't avoid the probate process. The person (or company) named as Personal Representative has no authority until they are appointed by the probate Court.
Some assets may... View More
In 2016 I was taken to OHSU because I had contracted necrotizing fasciitis from the Clackamas River. They knew that my legs needed to be amputated in order to save my life but instead they gave me an experimental drug without my consent to see if it would stop the rate of the infection. It did not.... View More
answered on Oct 22, 2024
This is a horrible situation, and I hope that you are finding ways to manage despite the limitations. There could be liabiity for acting without your consent or perhaps outside of the scope of what is accepted standard of practice in the community. Bad outcomes don't automatically equate to... View More
In 2016 I was taken to OHSU because I had contracted necrotizing fasciitis from the Clackamas River. They knew that my legs needed to be amputated in order to save my life but instead they gave me an experimental drug without my consent to see if it would stop the rate of the infection. It did not.... View More
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answered on Oct 22, 2024
If OHSU deviated from the standard of care by not amputating your legs promptly, which is a known effective treatment for necrotizing fasciitis, you might have a case for medical malpractice. The experimental drug trial's protocol, if it delayed necessary treatment, could be seen as negligence... View More
Girlfriend was mauled by a dog she had taken in to rehome Because previousowners could not keep it. Not even 2 months after talk had attacked and injured her enough to be hospitalized for 3 days with serious injuries
answered on Oct 7, 2024
Short answer: Yes. It also depends on the bred of dog, as some dogs are deemed dangerous by their bred.
These include: pit bulls, rottweilers, Alaskan malamutes, chow chows, Dobermans, huskies, bull terriers, and wolfdogs.
If the previous owner knew or reasonably should have known... View More
I was coerced into facing the grand jury for my partner and was told if i didn't go in front of them and speak up about what happened, then I would be charged with a crime. I did not want to go, nor did I ever want to press charges, let alone have a no contact blessed on us. It's... View More
answered on Oct 7, 2024
It is very common for victims of DV to later recant and/or want no contact orders lifted. Very rarely is that granted. You can try talking with her attorney to see if you can do anything to help her legal position but ultimately, the legal process will play out and you can't alter it very... View More
In determining the cash on hand for a trust, the bank has $66k, together with payment of $33k made by said person/beneficiary, is $99k to be divided in 3 equal shares, = $33k per beneficiary. Then the $33k is subtracted from the beneficiary share? How is that?
answered on Oct 2, 2024
To give you an accurate answer an attorney would need a lot more information. However, based on what you have written it sounds like one beneficiary owes the Trust $33,000 and the Trust bank account holds $66,000. Since the Trust is evidently to be split in three equal shares, the beneficiary who... View More
Of course, there's more details just don't know where to begin. Guy may have accessed personal records including vehicle title, won't return my calls.
answered on Sep 30, 2024
If you have clearly communicated to your friend that you want your vehicle returned then I would call the non-emergency number for your local police to report it stolen. The issue of the repairs will have to be dealt with separately. It's possible that your friend could sue you in small... View More
My building has a valet trash service that picks up trash outside our doors each evening. I signed an addendum for that service when I signed my lease. They changed the service now requiring tenants to schedule a pick up time and hand their trash directly to the pickup person. I always carry my... View More
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answered on Sep 19, 2024
Are you month to month or under a long term lease? If the lease addendum lays out the specific service that they provide (leave trash outside your apt and we pick it up each night, or some such) then that's what they need to provide for the term of your lease. If they aren't able to... View More
Can I file a Breach Of Fiducary duth in my county?
I plan to file a Breach of Fiducary Duty in a probate case, I am the only heir in the State and would like to file the breach in my county as opposed to the county where my Mother died, can I do that?
Does the Breach need to be... View More
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answered on Sep 18, 2024
Given your scenario and the general principles discussed, here's how you might approach filing a breach of fiduciary duty claim in Oregon:
Venue for Filing:
Probate Court: If your claim directly involves the administration of your mother's estate or the duties of an... View More
I had a Mt. Bike accident in 2021. I landed in my head & right shoulder & was unconscious for a short time.
I was taken to local ER, I had an obvious head injury but was not given a concussion test. Only focus was on clavicle break. Surgery to fix clavicle a few days later &... View More
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answered on Sep 18, 2024
Based on the information provided and general legal principles here's how you might approach this situation:
Legal Basis for a Claim:
Standard of Care: Emergency rooms are expected to follow a standard of care, which includes assessing and treating all injuries, especially when... View More
To clarify, I'm asking about video recording with audio.
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answered on Sep 15, 2024
In Oregon, the law regarding recording conversations or activities in private areas like bedrooms, kitchens, and living rooms without the consent of all parties involved is complex due to recent legal developments:
General Law: Oregon law traditionally required the consent of all parties... View More
I was involved in a 3 car minor crash, I hit the car in front of me at a light I was going maybe 2 miles an hour if that, the light was green for 3 seconds then turned red I wasn't paying attention in that exact moment causing me to hit the vehicle in front of me and him hitting the car in... View More
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answered on Sep 13, 2024
In the context of Oregon law, which can be generalized to understand similar legal frameworks elsewhere, a "hit and run" with injury involves a driver leaving the scene of an accident where they have caused injury or death without fulfilling their legal obligations.
There might... View More
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