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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Health Care Law for Oregon on
Q: State hospital said my son was on life support and had to come down and make arrangements and say goodbye to him wasn't.

Him. Hospital escorted me and family out of there a d to the parking lot with a sorry. My family and I are have struggled since. What came we do I feel violated and scared I cry and any thought of a child hurt I burst into tears

James L. Arrasmith
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answered on Mar 15, 2024

This is a deeply traumatic experience, and it's understandable that you feel violated and scared. First, consider speaking with a counselor or therapist who can provide emotional support and help you and your family navigate through this difficult time. Coping with such a severe mistake can... View More

1 Answer | Asked in Civil Rights, Elder Law and Landlord - Tenant for Oregon on
Q: I have a friend who has uninvited people staying in a trailer in his back yard. Two barrels of human wasted sitting,

garbage bags left. His blind and confined to a wheelchair. They will not leave.. do not pay rent. What can he do. He is renting.

James L. Arrasmith
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answered on Mar 15, 2024

Your friend should contact the landlord or property manager immediately to report the unauthorized occupants and the unsanitary conditions. It's the landlord's responsibility to ensure that the property is safe and habitable, and they may need to take action to remove the uninvited... View More

1 Answer | Asked in Tax Law for Oregon on
Q: Is a California SCorp K-1 income subject to Supportive Housing Services (SHS) or Preschool for all (PFA) personal taxes?

I receive a K-1 from a California S-corp.

This S-corp itself has remote employees all over, including Oregon, but is a California company.

Am I, as a full time resident of Portland, OR, required to report this K-1 income on either the SHS or PFA return?

If so, what is the... View More

James L. Arrasmith
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answered on Mar 13, 2024

Based on the information provided, it seems you are a resident of Portland, Oregon, and receive income from a California S-Corp through a K-1 form. In this case, you may be subject to the Supportive Housing Services (SHS) tax and the Preschool for All (PFA) tax, which are local taxes in the... View More

1 Answer | Asked in Probate for Oregon on
Q: A dear friend died unexpectedly Monday. He leaves behind three adult daughters. We do not think he has a will or trust.

He is the guardian to his older developmentally delayed, deaf brother. He recently bought his first home. He does not have a large estate. The corporation we work for will not release information to the daughters as one is listed as an emergency contact but none as dependents. The listed dependent... View More

Theressa Hollis
Theressa Hollis
answered on Mar 13, 2024

I am very sorry for your loss. One of your friend's daughters will likely need to be appointed as his Personal Representative to be able to sell his house. If he had named his daughters as beneficiaries on his life insurance they should contact the insurance company and fill out a claim form... View More

2 Answers | Asked in Estate Planning for Oregon on
Q: The estate trustee has not communicated with beneficiaries since the trustor's passing in 2019. Should we be concerned?
Theressa Hollis
Theressa Hollis
answered on Mar 13, 2024

If the Trustee will not respond to you, it would be wise to hire an attorney who can send a demand letter on your behalf. Oregon law requires the Trustee to provide you with annual Trustee Reports (unless you waive them). If you have not been receiving reports from the Trustee there may be a... View More

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1 Answer | Asked in Social Security, Banking and Public Benefits for Oregon on
Q: how are social security and long-term disability benefits are affected by a Pers benifit of $21,000. rollover or cash ?

Don't want loose $ if I can do a rollover to a trust? Or rollover to something else?

James L. Arrasmith
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answered on Mar 10, 2024

When considering how Social Security and long-term disability benefits are affected by a PERS (Public Employees Retirement System) benefit of $21,000, it's important to understand the specific rules and regulations.

1. Social Security: In general, receiving a PERS benefit should not...
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1 Answer | Asked in Criminal Law, Internet Law, Civil Rights and Libel & Slander for Oregon on
Q: Is this slander? Man takes our pic & posts on fb with several false allegations & hundreds of people seeing and comment

Flew drone 2 find dog it died and random man came outside taking our picture well larer in evening we come accross our picture being blasted and several people saying heinous things due to the nasty words he posted with our picture apparently a neighbors weed got taken over a month ago and hes... View More

James L. Arrasmith
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answered on Mar 8, 2024

If someone takes your picture without consent and posts it online with false allegations, this could potentially fall under slander or defamation, depending on the nature of the comments and the jurisdiction. Defamation involves making false statements about someone to a third party, causing harm... View More

1 Answer | Asked in Family Law, Personal Injury and Civil Rights for Oregon on
Q: What's the right tactic of filing 42USC1983,1985 in The Federal Court and winning it for self represented Plaintiff?

I have all the necessary evidences to prove against at least a dozen officials for deprivation of civil rights and one with conspiracy. I ant find an attorney. I am lucky to fall under 28USC1331 and also 28USC1332. It's rare to fall under one requirement, let alone they both apply to my case.... View More

James L. Arrasmith
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answered on Mar 8, 2024

Filing a lawsuit under 42 USC §§ 1983 and 1985 in federal court is a significant legal challenge, especially for someone representing themselves. To start, ensure you clearly understand the legal requirements for these claims, including the need to demonstrate how each official deprived you of... View More

1 Answer | Asked in Civil Rights for Oregon on
Q: Am I required to answer any questions from security at a federal building?
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answered on Mar 8, 2024

When entering a federal building, you might encounter security personnel who could ask you questions as part of their routine security checks. Generally, these questions are intended to ensure the safety and security of the premises and everyone inside. While you may feel obliged to answer these... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What tenant rights does my ex wife have or her roommates have after I buy her out?

My ex wife is living in the family home and reimbursing me for the mortgage. She has two roommates that have been there for over a year. One pays weekly rent. The other may be some kind of trade. I don’t think there is a formal rental agreement either.

I am planning on buying her out in... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 5, 2024

Your concerns are likely justified. If she is a part owner, she is not a tenant and has no tenant rights (at unless you give them to her by allowing her to stay past the statutory period. The others sound to be valid tenants - but whose? If you co-own the house, then yes you already are a landlord... View More

2 Answers | Asked in Elder Law, Estate Planning and Probate for Oregon on
Q: What lawyer do I need?

My partner passed away on July 5th. No will. We lived at his residence which was my home for over 13 years. I went to visit my grandson in Arizona for 6 weeks and when I came back on Jan 30th his 21 year old daughter changed the locks and won’t let me in. I am almost 66 and my whole life... View More

Theressa Hollis
Theressa Hollis
answered on Mar 5, 2024

I'm very sorry for your loss. You can ask the Post Office to forward your mail. You should be allowed to retrieve your personal property from the house. It's possible that you may be owed repayment for the mortgage payments you have made (less the cost of reasonable monthly rent).... View More

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2 Answers | Asked in Elder Law, Estate Planning and Probate for Oregon on
Q: What lawyer do I need?

My partner passed away on July 5th. No will. We lived at his residence which was my home for over 13 years. I went to visit my grandson in Arizona for 6 weeks and when I came back on Jan 30th his 21 year old daughter changed the locks and won’t let me in. I am almost 66 and my whole life... View More

James L. Arrasmith
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answered on Mar 6, 2024

In your situation, consulting with an estate or probate attorney would be a wise step. These lawyers handle cases involving estates, wills, and disputes after someone's death. They can help navigate the complexities of estate law, especially when there's no will, and ensure that your... View More

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3 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Do I have to get a registered trademark to sell shirts/hats with my YouTube name or logo?

I’m starting a YouTube channel and want to sell my own merchandise through print on demand. Shirts and hats with my logo and YouTube name on it. I don’t have a bunch of upstart money, so do I have to register a trademark through the US government before I can sell?

James L. Arrasmith
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answered on Mar 4, 2024

No, you are not required to register a trademark through the US government before you can sell merchandise like shirts and hats featuring your YouTube name or logo. Trademark registration offers legal protections, including the exclusive right to use the mark in connection with the goods or... View More

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3 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Do I have to get a registered trademark to sell shirts/hats with my YouTube name or logo?

I’m starting a YouTube channel and want to sell my own merchandise through print on demand. Shirts and hats with my logo and YouTube name on it. I don’t have a bunch of upstart money, so do I have to register a trademark through the US government before I can sell?

Jim Boness
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answered on Mar 6, 2024

In the US, formal trademark registration is not a prerequisite for selling products bearing your logo or brand name. Consider these points:

Common Law Trademark Rights: Your use of a unique logo and brand name in business operations instantly grants you common law trademark rights. This...
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1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Oregon on
Q: can I get sole custody of my daughter , my future ex-wife is under criminal investigation

she also moved to another state

T. Augustus Claus
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answered on Mar 1, 2024

In Oregon, obtaining sole custody of your daughter amidst your future ex-wife being under criminal investigation and her relocation to another state involves demonstrating to the court that such an arrangement would be in the best interest of your child. The court considers various factors in... View More

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

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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

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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

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