Oregon Q&A by Practice Area
Oregon Questions & Answers
Q: My dad was awarded custody of my son at 3. At 6 he moved back w/ me & has been living w/ me for 2 years, do I have right
When I was 19 my dad was awarded custody of my.son when he was 3. I got my life together and when my son turned 6 he moved back in with me. He has lived with me for over 2 years now can my dad still take him away from me whenever he wants do I have rights
It sounds like you are in a good position to Petition the court to return your son to your custody. This would prevent your father from asserting his right to custody which he technically still has since the only court order at present gives him custody. But I want to caution you to speak to an... Read more »
Q: can you more clearly define reckless endangerment?
I don't see how this is a personal injury question. It sounds like you are asking about a criminal charge. Try re-posting this as a criminal law question. To be liable in a personal injury lawsuit the defendant only needs to be found to be negligent in their conduct which caused the injury.
Q: According to State of Oregon my son owes 60,000 and is being garnished due to not filing his taxes. He needs help.
How much will it cost him for a lawyer
If it is an Oregon state tax issue, the best thing to do is call a few tax attorneys in Oregon and get some price quotes. You can expect some to quote a flat fee and some to quote hourly. You can also ask attorneys you know to refer you to a trusted colleague.
Q: i was unlawfully terminated in 2010 while working at jack in the box, i was medical leave at the time
i was employed at jack in the box in 2010 and i was on medical leave, and while in the hospital, they started to go franchise and i wasnt able to be there to sign the paperwork to transfer my employment, and that was no way for me to be there, i had called multiple times, the first time they said... Read more »
The statute of limitations on almost all discrimination at the moment is one year, so you are about 8 years too late.
Q: Can my ex get back child support when there has never been a support order. I just heard from her after 10 years.
She left 10 years ago with my 2 kids (one child Im not sure about paternity). I had no idea where she was until yesterday, Now she says she wants support, and that Im going to owe her for the past ten years unless we come to some agreement. We were never married. She is married and living in... Read more »
Generally speaking she would only be able to get child support from the date that you are served with papers to establish child support and going forward. That's what normally happens although there may be some exception that I am not aware of. Since this would likely be handled by the child... Read more »
Q: Son Brett (disabled) owns home. Son Todd lives with son Brett. Todd moved girlfriend in 2 1/2 yrs ago. She doesn't pay.
Todd and girlfriend are in process of breaking up. She is leaving premises. How long does she need to be gone from premises so that Brett can legally refuse to let her return.
It is not a question so much of length of time but rather intent. If it is clear she is terminating her residency there, that is all that is need once it is completed, ideally by returning her keys. If she fails to actually move out, Brett likely can go to court to force her out. The real issue is... Read more »
Q: My uncle has property in Oregon it will be mine after his death but he hasn’t put it in the trust...he hates dealing
things about the trust he has just told me where the property is...he has no children will there be a problem when the time comes?
Your Uncle should consider speaking to an estate planning attorney about signing a Will. It is easier and less expensive than a Trust (although it will require a probate at his death). One alternative the attorney will discuss with your Uncle is a Payable on Death Deed. This may be a viable... Read more »
Q: I had to pay child support. My child lived with me from age 16 to 18 and I never modified the order. Child is now 21.
I owe arrears child support and I want a credit for the 2 years I had the child. Can I go back and have it changed so my ex has to pay me child support for the 2 years I had my child and was still being charged child support?
You can ask Support Enforcement to give you credit for child support you were paying or would have paid during the time your child lived with you. (You might need to hire an Attorney to help you.) You can't go backward and ask your ex to pay for support for that time period. The best you can do... Read more »
Q: A Dad had a lawyer draw up a will and signed the house deed over to his only daughter before passing. Is probate needed
Daughter is only living relative and sole successor listed on will/deed. There is a mortgage on the home/land.
Whether or not probate is needed will depend on the assets left in Dad's name at his death. If he really deeded his real property to his daughter then that asset should not need a probate. However, there could be other assets in his name that do not have joint owners or beneficiaries named.... Read more »
Q: Can my landlord raise rent in less than 90 days because she is unsatisfied with yard care we agreed to do?
We had a verbal agreement that the tenants would care for the yard in exchange for reduced rent. The landlord is unsatisfied and sent a text message that she would be increasing rent. Will she still need to provide written notice (not text message) and will she have to wait 90 days for the... Read more »
You don't provide enough details to answer with certainty but generally, and likely, you are correct that at least 90 days advanced WRITTEN notice, lawfully served, is required to raise rent in a non-week to week tenancy and can only be raised after the first 12 months of the tenancy. The raise is... Read more »
Q: Son does not want to go back to other parent
My son is refusing to go to the other parents. Other parent is custodial parent, as Oregon doesn't allow joint unless agreed upon.
Ask the other parent to do mediation with child, other parent refused. Ask for parent to come speak with child they the parent wont but is demanding their... Read more »
If the other parent is the custodial parent you have a duty to return the child to them when your parenting time as stated in your parenting plan is done. You don't let the child decide, you put them in the car and drive them home. The other parent doesn't need to mediate with their own child,... Read more »
Q: If a deceased’s “estate” doesn’t require probate, how might a creditor file a claim against the “estate”?
The claim is approximately $50,000.
A creditor has standing to file a probate or file a small estates affidavit. However you should definitely discuss this with a probate Attorney as there may be nothing in the probate estate to make filing such a proceeding cost effective. Certain property previously owned by the decedent can... Read more »
Q: 12yr old son in OR doesn't want to come back home during my visitation. Dad not encouraging.
Can I take him to court even though he is not withholding our child, it's our child who does not want to return? What would be the route to take in court in Oregon?
Seeing that a minor child participates in court ordered visitation is the responsibility of the parent not the child. Absolutely take the father back to court as it is obvious he is not disciplining your son in a way that insures that you get your visitation.
Q: I lived with a friend for 8+ months rent free with no formal agreement. He gave me 19 days to leave. Is this legal?
My friend let me stay rent-free and off-lease in the second bedroom of his apartment(s) in the city of Portland (we moved to a 2nd apt during 8+ months). On April 11th he text me that I needed to start paying $1,000/month, including the month of April, or leave by May 1st. I left to go out of town... Read more »
There is no question that you are entitled to recover your mattress and any other personal property. IF you were a tenant, then you might have claims against him for landlord-tenant violations (or perhaps not since you apparently left "voluntarily" - it depends upon the exact details). But if you... Read more »
Q: Will filing bankruptcy take my 81 yr old grandma's house off the auction block for 6/20/19?
I just learned that my grandma's house is in foreclosure and scheduled for auction in about a week and a half on 6/20/19 due to an unpaid loan. If she were to file for bankruptcy, would it take the house off the auction block?
Yes. Call a BK attorney in the morning
Q: In Oregon, when a person dies without a will and without real property but is married, is probate required?
The estate’s value is less than $50,000.
Probate is not ever required by Oregon Law. Probate is a tool that you may or may not need to transfer property, real or personal, of a decedent to the heirs or devisees. So you need to evaluate if your situation is such that probate is necessary. You also need to be familiar with Oregon's... Read more »
Q: I live in Oregon in my divorce I got the house my ex still has not taken his name off the house .
The county wont allow me to take his name off the homeowner tax stuff. My ex refuses to take his name off. Can I use him to get his name off or do I have to suffer until the house is paid off?
You should have made sure that the divorce decree awarding you the house contained the legal description of the house you were awarded. Then you only need to take a certified copy of the divorce decree awarding you the house to who ever you need to make changes. So if your decree doesn't contain... Read more »
Q: A car drove into the side of my house what can I use the driver for? It scared my grandchildren my pets and my family
You can sue the driver for the damage to your house. Emotional damages (pain and suffering) can only be requested by a person who was physically injured.
Q: Can my landlord tell me what hours I can use my shower in my private bathroom?
I pay for a bedroom with a private bathroom that only I have access to. Can my landlord tell me I cannot shower between 4 and 8pm? I get home from work at 5 PM and would like to clean up. She also told me I'm not allowed to leave my fan on for my dog when she has not installed the a/c unit she... Read more »
No, on the face of it, the landlord likely has no authority to enforce any of those restrictions. The devil is, however, in the exact details. You need to gather your rental agreement, any written rules/regulations, and all notices, emails, texts, etc between you and the landlord, and take them all... Read more »
Q: My uncle ,my two boys and I were in a accident last month I wasn't at fault I don't have LIC. Or insu. What can I do?
My uncle was hurt badly, it was Sprint carriers Corp. Semi truck with trailer hit head on
Your uncles should get a personal injury Attorney. Since you say you weren't at fault your uncle's Attorney will likely look to the other driver and their insurance for damages. Similarly an Attorney can represent your two boys against the other driver and their insurance.
As for you,... Read more »
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