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Oregon Questions & Answers
1 Answer | Asked in Animal / Dog Law for Oregon on
Q: I live in oregon. I bought a german shepherd puppy. We did a dna test. Its a mix puppy. What are my options here?

the breeder said it was a purebred with no papers. We bought a dna test and turns out he is half german shepherd. He is five months.

Jennie Lynn Clark
Jennie Lynn Clark answered on Sep 24, 2020

Theoretically, there is a breach of contract case assuming you have the evidence to prove the breach. If there is a contract stating you purchased a purebred for x price, then there is a breach of contract. Normally, the remedy is to return the dog and get your money back.

1 Answer | Asked in Elder Law, Employment Law and Nursing Home Abuse for Oregon on
Q: Can my boss (adult foster home) ask me to work 7 consecutive 24 hour shifts?

She owns 3 other adult foster homes and is very understaffed, she has asked me to work 7 consecutive 24 hour shifts I do get to sleep during the night though. I get paid $200 per 24 hour shift and while I would just quit there would be no one to cover my shifts and I can’t leave the residents... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 23, 2020

Hi, she can ask you to do that, yes. I think there is a minimum wage issue here that you may not realize. $200 divided by 24 hours = $8.33 per hour. It looks like Washington state's minimum wage is $12.00 per hour. I would reach out to an employment law attorney for a consultation if you are... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Pendleton, OR, Umatilla Co. Can a new landowner force already established tenants to enter a new month to month lease?

I have been in the same place 14 mos, beginning with a 6 mo lease, month to month there after and have had no negative marks. The property was suddenly sold and I was assured by the new owner the lease would be adopted and to expect no changes, now a property management co is attempting requirement... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 22, 2020

Yes, generally speaking a landlord can require a tenant to sign a new lease with proper notice. Many of the changes are likely possible anyway if the landlord issues them as Rules and Regulations with proper notice. Whether smoking changes is material enough to avoid being changed in a Rules and... Read more »

1 Answer | Asked in Probate for Oregon on
Q: The person that is supposed to file probate in Oregon on my mom's estate/property is doing nothing. What can I do?

My mom has a lot of bills, taxes, obligations, etc. that are piling up w/late charges. It does not make sense to let it go on and on. Can a court force him to file quickly? Or can I or one of my siblings' file for probate and disregard him? He was named executor in her will, but not by the court.

Theressa Hollis
Theressa Hollis answered on Sep 21, 2020

Assuming there are assets in your mother's name alone that require probate, you could hire an attorney to send a demand letter to the nominated Personal Representative. If that didn't work you could send a demand letter to the second person nominated in the Will. It is also possible to... Read more »

1 Answer | Asked in Probate for Oregon on
Q: How long after my mom's death does the yet to be appointed (by the court) executor have to file for probate in Oregon?

How long does the same yet to be appointed executor have (in Oregon) to distribute copies of the will to her heirs?

Theressa Hollis
Theressa Hollis answered on Sep 21, 2020

There is no time requirements on filing a probate after a person dies. If the decedent owned real property then the nominated Personal Representative (this is what Oregon calls the Executor) should probably file the probate quickly so that they have legal authority to deal with the property. Once... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: Can i legally be terminated from my job for being called out to fight wildfires during this conflagration here in oregon

I'm a wildland firefighter through a private Company and as of lately odf and uses has needing us to help out and I'm afraid I might lose my year around job over it

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Sep 20, 2020

You may have protections: https://www.oregonlaws.org/ors/476.576

1 Answer | Asked in Divorce and Real Estate Law for Oregon on
Q: Uncontested divorce, ex is buying out of house: appraisal vs fair-market-value?

I live in OR, and I'm going through my first divorce - short-lived marriage, no dependents, etc.

It's been uncontested so far so most of the assets and finances have been simple, and already divided.

We bought a house about a year before the marriage (~1 year married).... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Sep 18, 2020

The fair market value of the residence is what a willing buyer would pay to a willing seller in an arm's length transaction. The appraised value is an appraiser's expert opinion of the fair market value of the residence. The expert's opinion is only an opinion of fair market value.... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Oregon on
Q: What are my rights as a property owner? how do I evict someone who refuses to leave my propery?

I let a friend stay on my property in a tent on a temporary basis. I live on this property also, in a mobile home. There was never any contract so to speak, and he doesnt pay rent. Winter came and I allowed him to stay in a gutted out schoolbus that had a woodstove in it so that he wouldnt freeze.... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 16, 2020

If the dog bit anyone, you should report that to your local county animal control. If the dog bit at the command of a human, you should report that to your local police or sheriff. As to getting rid of him, you need to review everything with a local landlord-tenant attorney. IF you can establish... Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Does ORS Chapter 90 90.545 apply to all rental units, or only manufactured dwellings/floating homes?
Gregory L Abbott
Gregory L Abbott answered on Sep 16, 2020

By its own terms, it only applies to manufactured dwellings and floating homes.

2 Answers | Asked in Car Accidents, Personal Injury and Criminal Law for Oregon on
Q: If I was hit and injured in a car accident having no insurance and a suspended license, what are my options considering?

I left the scene before cops arrived "Which is considered a "hit and run" the person who hit me is at fault and was not injured nor were any of her passengers. I have not filed a report, nor spoke with police about the matter. I am afraid, because I don't have insurance, I will... Read more »

Virgil Royer
Virgil Royer answered on Sep 16, 2020

You pose an interesting, and all too common set of issues. If you are in accident caused by someone's negligence, and do not have auto insurance, then you are entitled to recovery your monetary damages (for example, medical bills, lost wages, property loss). In other words, you cannot recover... Read more »

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1 Answer | Asked in Probate for Oregon on
Q: How do I file a claim against an estate as a creditor , when they require a death cert that I can't get.

Court says must attach death cert. Can't get one. No will, There's no probate, no executer no nothing. Heirs won't do anything.

Theressa Hollis
Theressa Hollis answered on Sep 15, 2020

I assume you are trying to file a Small Estate Affidavit. You can do this as a creditor but you will need to order the decedent's Death Certificate. You can do so directly from the county or try this website: https://www.vitalchek.com/death-certificates

You would only file a Small...
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1 Answer | Asked in Probate for Oregon on
Q: My boyfriend died intestate and his kids dug a hole and buried him in the yard, can I be appt'd pr w/o their permission?

His children are not handling the small estate and refuse to communicate. I've made several attempts to contact his children to discuss the matter but have gotten no response. The oldest son is actually an attorney in portland and it shocking that he would bury his father ,I believe, unlawfully .

Theressa Hollis
Theressa Hollis answered on Sep 15, 2020

Oregon law does actually allow a person to bury a family member on their property if certain requirements have been met. A small estate would be required if your boyfriend owned assets in his name alone at his death and those assets totaled less than $75,000 of personal property and/or $200,000 of... Read more »

1 Answer | Asked in Estate Planning for Oregon on
Q: If there is no will and I was a friend of the deceased can I be executor and a creditor to the estate ,

Or is that a conflict of Intereat

Theressa Hollis
Theressa Hollis answered on Sep 15, 2020

A creditor can be appointed Personal Representative but they would first have to send notice to the people who have priority according to Oregon law. Usually this is the immediate family. An experienced probate attorney can help you with this.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: As the landlord, can I evict a tenant so that I can move into the unit that is located at McMinnville, Oregon
Gregory L Abbott
Gregory L Abbott answered on Sep 15, 2020

Possibly yes, with proper notice etc (assuming you own the property of course) but you cannot even issue the mandatory 90 day advanced notice until after the Covid-19 emergency is officially declared over in Oregon. Thank you Governor Brown.

1 Answer | Asked in Small Claims for Oregon on
Q: So I have a legit claim in small claims court? Or should I go a different route to recover my financial loss?

I got in a relationship with my ex girlfriend in November of last year. She was in just an absolutely terrible financial situation. She was gonna lose the house due to unpaid property taxes the city was gonna forclose on the house In 6 months or less and she was gonna lose the house. So I stepped... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 14, 2020

Much depends upon the exact details of what the mutual understanding was at the time. At the time you paid the property taxes, was it structured as a loan? What were the re-payment terms? Interest? Or was it a gift at the time or simply not discussed? Are you seeking reimbursement for expenses... Read more »

2 Answers | Asked in Estate Planning for Oregon on
Q: In Oregon, can I be a personal representative/administrator of an estate, and a creditor?
Theressa Hollis
Theressa Hollis answered on Sep 14, 2020

Yes. If the deceased person has a valid Will then the person named in the Will as the Personal Representative (executor) has priority to act. Here is the priority statute for Oregon: https://www.oregonlaws.org/ors/113.085

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1 Answer | Asked in Employment Law for Oregon on
Q: Hi, I had to quit my job due to my boss yelling at me then physically trying to attack me.

Lucky a coworker held her back as I left through the back door. Now the company is not paying me out for vacation days i earned in the past year. My boss also didn't tell her supervisor about her trying to attack me so they are taking my quitting without 2 weeks notice as the reason for not... Read more »

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

Denial of your unemployment is up to the state, and given the facts above you should or should have appealed any denial.

As to the payout, they may or may not be required to pay you out on your vacation time. However, if you file a complaint with BOLI over the unsafe workplace, your former...
Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord sell the house we are currently renting? How much notice do they have to give us for it to be legal?

We're on a month to month term and the landlords have already put the house up for sale and have given us no notice. Where do we, as tenants, go from here? Do they have to pay us relocation assistance?

Gregory L Abbott
Gregory L Abbott answered on Sep 13, 2020

No, no fee and no notice required. Nothing changes except who you pay your rent to (they will have to give you notice of that when the time comes). If the buyer wants to use your dwelling as their own primary residence, then the seller has to give you at least 90 days advanced notice and copies of... Read more »

2 Answers | Asked in Car Accidents for Oregon on
Q: I scratched another car Left to get something to write with came back and they where gone. What do I do?

I was pulling in to a walmart parking lot and scratched another car. I then parked my car went over to the other car took a picture of the damage, then went back over to my car to get something to write with realized I didn't have anything so I went into the store to get paper and something to... Read more »

Virgil Royer
Virgil Royer answered on Sep 12, 2020

Parking lots, especially busy ones like Wal-Mart, frequently have accidents--especially scratches. When you caused damage to property, you are required to let the owner know. ORS 811.700 is a Class A Misdemeanor. If you hit a parked car, you are required to wait for (or, locate) the owner to... Read more »

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2 Answers | Asked in Patents (Intellectual Property) for Oregon on
Q: Have an idea for an athletic footwear design that I believe is unique and functional. Has it been patented?

How much should I plan on spending to learn if this idea is, in fact, unique? Whom should I contact? Patent attorneys? How much money should I anticipate spending to create a patent as to protect my idea before I present it to major manufacturers?

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Sep 12, 2020

A patent attorney can do a patentability search to determine if your fotware is novel and non-obvious. If the search shows that your footware design is novel, the patent attorney should prepare and file a patent application for your invention. Once the application is filed, you may talk to... Read more »

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