Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2025

The surviving tenant in common will be the owner in fee if what you state is accurate. That tenant in common will be a grantee, not a grantor. The grantors' interest were extinguished by the deed conveyance, so the spouse of a grantor is irrelevant. Hire an OR attorney to search the title.

I recommend you have an attorney review this Deed for you. It sounds to me like this property is owned by (likely) two people (the Grantees) with a right of survivorship. This means that if one owner dies the remaining owner continues to own 100% of the property. The spouse of the deceased owner... View More

If your father's retirement account is not subject to the Retirement Equity Act (REA) and he named you and your brother as beneficiaries then you should be able to receive the money even if he was married at the time of his death. The only way you can find out is to fill out the Fidelity... View More

Before you can be garnished, there has to be a Judgement against you by a court of law. Then the Judgement Creditor can garnish or otherwise try to collect on the Judgement for 10 years, usually with 9% annual simple interest accruing on the unpaid amounts until paid in full. A Judgement can be... View More

The best thing to do is to talk with the person's criminal defense attorney to see how you can help and if posting bail is possible in the case, albeit do understand there is a very high probability that that person will be under a no-contact order, at least until after the trial. This means... View More

An Oregon attorney could advise best, but your question remains open for a week. Do you mean THEIR insurance refused to pay? If that's the case, one option is to sue. Another is to look into your policy to see if it has coverage for them to pay under a first-party claim. If there is coverage... View More

Jim Boness Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

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

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

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

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

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

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

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

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

Calvin A. Knickerbocker III Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

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

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