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1 Answer | Asked in Military Law and Family Law for Oregon on
Q: I have been married but not living together with my veteran husband who passed away in January.

I can't find paperwork or soc sec.number how could I get that information legally as his wife? I have 2 order our marriage certificate since don't have that anymore either

James L. Arrasmith
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answered on Feb 27, 2024

In your situation, gathering necessary documents and information following the passing of your veteran husband can feel overwhelming. First, obtaining a copy of your marriage certificate is a wise step. You can request this document from the vital records office in the state where you were married.... View More

2 Answers | Asked in Probate for Oregon on
Q: What does a final accounting legally have to say? It cant be just hear say?bank accounts and what other documents needed
Anthony M. Avery
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answered on Feb 27, 2024

Accountings are usually complicated matters. The Affiant makes a sworn statement about where monies have went, and incorporates bank statements, deeds, car titles, stock transactions, etc. as an Exhibit thereto. You need an OR attorney to help you prepare such a serious pleading.

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1 Answer | Asked in Family Law, Civil Rights and Child Custody for Oregon on
Q: Parenting time case removal to Federal court ?

Custody case turned into parental alienation and deprivation of civil rights 42 USC 1983, section 1985 may exist as well.

Article III, §§ 1 and 2 of U.S. Constitution is the source for subject matter jurisdiction.

Article III §§ 2: “The judicial power shall extend to all... View More

James L. Arrasmith
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answered on Feb 25, 2024

In situations where a custody case evolves into issues involving parental alienation and potential deprivation of civil rights under 42 USC 1983 or Section 1985, moving the case to federal court can be considered. Federal courts have jurisdiction over cases that involve federal questions, including... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Oregon on
Q: Hi, Can a person sue another for a design infringement without having a design patent?

If the products looks similar but both were designed based on prior art teachings. While the accused product is not using any logos/name/images of the first. And the accused product has feature(s) to specifically tell the ordinary observer (both visually and in description) that there is this... View More

James L. Arrasmith
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answered on Feb 25, 2024

Yes, it is possible to sue for design infringement even without having a design patent. Design infringement claims can be based on various legal grounds, including trade dress, copyright, and unfair competition laws. However, the success of such a lawsuit would depend on the specific circumstances... View More

1 Answer | Asked in Civil Rights, Criminal Law and Collections for Oregon on
Q: How can I dispute a 7,000 overpayment with oregon dept of human svcs from 4/1/1995 - 1/31/1998.

I was charged with a theft one I pled guilty in 1999 but I was backed into a corner by my attorney who didnt help me. I changed attorneys 1 time but the judge wouldn't let me change attorneys again and he stated i could take it up on appeal. I was mentally tired but I wanted to go to trial... View More

James L. Arrasmith
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answered on Feb 24, 2024

To dispute the overpayment with the Oregon Department of Human Services (DHS), you may need to gather evidence and documentation to support your case. Start by requesting detailed records from the DHS regarding the overpayment, including any documents or information that show how the amount was... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for Oregon on
Q: Can someone trespassing on your property record you even when you have told them they may not?

The area where the person was recording was NOT visible from anywhere in view or even by air (think thick grove of trees). The person being filmed was clear about not being recorded. No crime of any kind was being committed by the landowner. The person filming was trespassing after being told not... View More

James L. Arrasmith
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answered on Feb 24, 2024

In Oregon, recording someone without their consent in a private place where they have a reasonable expectation of privacy is generally illegal. If you explicitly told the person not to record you on your property and they proceeded to do so anyway, their actions may constitute a violation of your... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Is a voluntary vacate agreement the same as an eviction notice?

My grandmother's house was recently obtained by Fannie Mae after the foreclosure of the property. They sent us a Voluntary vacate agreement that we signed; however, due to the shortage of housing in the area, we probably won't be able to make it out of the due date, and we were worried... View More

James L. Arrasmith
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answered on Feb 23, 2024

A voluntary vacate agreement and an eviction notice serve different purposes in the context of housing laws. When you sign a voluntary vacate agreement, you're agreeing to leave the property by a specified date, usually in exchange for certain benefits, such as a waiver of owed rent or a cash... View More

1 Answer | Asked in Banking and Social Security for Oregon on
Q: I am POA for my mother. My mother is now in a nursing home. I need to change her address with the bank to POA address?

Both my mother and I are on Social Security but we belong to two different banks. I am her POA. She now lives in a nursing home. My question is can I change the address at the bank from her old address to a new address with just using a POA or, do I need to be a joint owner on her account to change... View More

James L. Arrasmith
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answered on Feb 22, 2024

As a Power of Attorney (POA) for your mother, you have the authority to manage financial transactions and make administrative changes on her behalf, including changing the address associated with her bank account. It is not necessary to be a joint owner on the account to perform these tasks; the... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: Currently have a court appointed lawyer who’s not really doing his job. The charge I face as well as the no contact orde

Order could of been dropped the same day I hade my hearing in jail. The alleged victim is trying to set the story straight based off information the police got on hearsay and it’s effecting our lives big time. My girlfriend is pregnant and needs me to be there for but with the no contact order in... View More

Gregory L Abbott
Gregory L Abbott
answered on Feb 13, 2024

If you truly don't get along with your court appointed attorney, ask the Judge for a different one. Court appointed defense attorneys are how indigent defendants are taken care of and are paid by the State. Why would any other attorney volunteer their time and not be paid when you have a... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What was the allowed rent increase for homes within the city of Portland, Oregon for 2023?..

Ive been told it was 14% and then went down to 10% about July of that year statewide.. however, the city of Portland had its own guidelines which made it 10%.. im within the city of Portland and mine was raised 14%..

Gregory L Abbott
Gregory L Abbott
answered on Feb 13, 2024

Actually, Portland uses 10% not as a rent cap but rather if more than 10% rent increase, a tenant could refuse, move out and force the landlord to pay relocation assistance. It also required the landlord to include a variety of notices of tenants rights with the rent raising notice.

1 Answer | Asked in Land Use & Zoning for Oregon on
Q: Does an easement trump a restraining order?

I am in Curry County, Oregon.

T. Augustus Claus
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answered on Feb 13, 2024

In Oregon, as in other jurisdictions, an easement and a restraining order serve two very different legal purposes, and one does not inherently "trump" the other. An easement is a right to cross or otherwise use someone else's land for a specified purpose. A restraining order, on the... View More

2 Answers | Asked in Personal Injury, Public Benefits and Social Security for Oregon on
Q: i need a ssi lawyer

been dissabled since 13 never worked and have been on ssi and they denied my benifits ive appled as well over and over again

James L. Arrasmith
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answered on Feb 22, 2024

It sounds like you're facing a challenging situation with your SSI benefits. It's understandable that you're feeling frustrated after multiple denials. In situations like these, seeking legal assistance from a lawyer who has experience with SSI cases can be beneficial. They can help... View More

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2 Answers | Asked in Banking, Elder Law and Social Security for Oregon on
Q: I am POA for my mother. I owe collections. Her income is strictly Social Security. Can they garnish bank account?

I am on Social Security and my mother is also on Social Security. She is in a nursing home and soon I have to go put my name on her account at the bank to take care of her medical bills. I owe collections a great deal of money and I only receive Federal benefits and she only receives federal... View More

Theressa Hollis
Theressa Hollis
answered on Feb 9, 2024

If you are handling your mother's money as her Agent under a Power of Attorney you do not need to add your name to her bank account. Just give them a copy of your mother's Power of Attorney. Your mother's money should not be used to pay any of your creditors.

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2 Answers | Asked in Banking, Elder Law and Social Security for Oregon on
Q: I am POA for my mother. I owe collections. Her income is strictly Social Security. Can they garnish bank account?

I am on Social Security and my mother is also on Social Security. She is in a nursing home and soon I have to go put my name on her account at the bank to take care of her medical bills. I owe collections a great deal of money and I only receive Federal benefits and she only receives federal... View More

James L. Arrasmith
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answered on Feb 22, 2024

Under federal law, Social Security benefits are generally protected from garnishment by creditors. This protection applies to the bank account into which the Social Security benefits are directly deposited, ensuring that these funds are safeguarded from most types of debt collection efforts.... View More

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1 Answer | Asked in Car Accidents for Oregon on
Q: Unlicensed driver driving my car got in a not at fault accident. My car insured

The driver is my mother, her license is temporarily suspended due to unpaid tickets. There is proof that the accident is not her fault, and the other driver is insured as well. If we file a claim with their insurance, will she get in trouble for not having a license? She has prior tickets for... View More

T. Augustus Claus
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answered on Feb 7, 2024

In Oregon, if your unlicensed mother, driving your insured car, was involved in a not-at-fault accident, filing a claim with the at-fault driver's insurance should not directly lead to her getting in trouble for driving without a license as the claim process primarily focuses on the liability... View More

1 Answer | Asked in Family Law, Banking, Municipal Law and Probate for Oregon on
Q: After losing my dad last year I have not been able to access money he left cause the bank wants more information

I provided my soc.

PhotoID

And other bank account

Offered my birth certificate

James L. Arrasmith
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answered on Feb 5, 2024

I'm sorry for the frustration this situation must be causing on top of grieving your father's loss. The bank likely has certain procedural requirements they are obligated to follow before releasing funds, but there may still be some things you can do here:

- Request a written list...
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1 Answer | Asked in Divorce, Estate Planning and Family Law for Oregon on
Q: How can my mother structure my brother's SNT to avoid funds becoming "marital assets" in the event of his divorce?

My mother plans to create a Special Needs Trust for my brother to manage any inheritance that he receives from her. This inheritance could exceed $500k. My brother is married, on disability, and a very poor money manager. My mother’s primary goals are to ensure that my brother has a safety net... View More

Jason E. Neufeld
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Jason E. Neufeld
answered on Feb 1, 2024

Your mother can create a Third Party Special Needs Trust (it can be embedded in her Living Trust or stand-alone). Mom can/should name anyone OTHER than your brother to serve as the trustee for this SNT with him as beneficiary. As an example: you could be trustee for your brother (in charge of... 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 Landlord - Tenant for Oregon on
Q: We own rental house in Portland Oregon and would like to end our fixed-term lease with the current tenant.

This is the first year of the lease, which expires 3/31/24. Can we terminate the lease without cause, and if not, what are the reasons we can terminate a lease during the first year of tenancy without having to pay relocation fees? Thank you!

Gregory L Abbott
Gregory L Abbott
answered on Jan 29, 2024

You need to start with what the written lease says about termination and/or renewal of the tenancy. Some leases automatically renew unless one of the parties provides notice of their intent to not renew - usually with a minimum advanced time period for such notice (30 days, 60 days, etc.). Under... View More

1 Answer | Asked in Products Liability and Consumer Law for Oregon on
Q: I went to a dealership to get my car fix they diagnose and less then a month my motor exploded

Check engine light was on. They said it was just a misfire on one of my coils they fixed it. They charged us 800 the next day. My car left me at the dentist place with my daughter. My car wouldn’t turn on the car smell like gas and there is smoke coming out of the engine the next day they were... View More

T. Augustus Claus
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answered on Jan 29, 2024

In Oregon, if your car's engine failed shortly after receiving service from a dealership, you may have grounds to pursue a claim under product liability and consumer law. Initially, gathering all relevant documentation, including service records, receipts, and any communication with the... View More

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