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Oregon Questions & Answers
1 Answer | Asked in Probate for Oregon on
Q: How do I hire a professional excutor for probate in oregon? Sibling rivalry and my brothers living in my dads house

I dont want to be the executor but want to start probate. My brother is living in my dads house making morgage payments. There is no will

Theressa Hollis
Theressa Hollis answered on Jul 17, 2020

Since there is no Will your siblings will have an opportunity to object to the appointment of a professional as Personal Representative. However, sometimes this is the best solution to a challenging family dynamic. I recommend you go to the website for the Guardian/ Conservator Association of... Read more »

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: He is chipped. So if my neighbor takes him to the pound I can call the police? and then go get my cat back?
Jennie Lynn Clark
Jennie Lynn Clark answered on Jul 17, 2020

The easiest thing to do is contact the pound and provide them documentation of the chip information that the animal is yours. Then go pick up your animal. I have had two of my pets returned this way.

2 Answers | Asked in Animal / Dog Law for Oregon on
Q: Can my neighbor take my cat to the pound because he feels my cat is being a nuisance?
Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 16, 2020

It wouldn’t be right or legal for him to do so. But keep an eye on your cat because if your neighbor catches him and takes him to the pound, there will be little you can do to get him back, especially if he doesn’t have a collar or a microchip.

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I’m getting a inspection on My rental.Am I legally allowed to ask the tenants to leave the property during that time?
Gregory L Abbott
Gregory L Abbott answered on Jul 16, 2020

Ask? Of course. Require? Not a chance. Do you want others going through your home when you are not there? Neither do most tenants. Further the tenant has an absolute right to deny you entry as long as they do not do so unreasonably - and good luck in getting a Judge to say a tenant is being... Read more »

2 Answers | Asked in Animal / Dog Law, Domestic Violence and Family Law for Oregon on
Q: How do I revise a restraining order to gain custody of my dog who is registered in the county and chip in my name.

The individual has a current misdemeanor and pending indictment taking effect for felony strangulation, menace, assaultin 4th degree and harassment.

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 16, 2020

If the person who has your dog is the person who is restrained from contacting you, you will have to get in Touch with the prosecutor or your victim’s advocate To see if you can do a civil assist to get your dog back.

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1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Am I able to file to file a small estate affidavit, since I am listed as 100% owner since my husband died?

We owned the house outright, but he took out a 30 yr mortgage in his name. I am paying that monthly , but it is a debt. If I had to claim the house, it may come in at over $200,000 limit..

Theressa Hollis
Theressa Hollis answered on Jul 14, 2020

If you are on the Deed to the house then you likely do not need a probate or small estate affidavit. You can just keep paying the mortgage or refinance it into your name.

If it is only your husband's name on the Deed then you will need a full probate if the fair market value as of his...
Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: I signed a contract for a school for the upcoming year and want to know if I can back out without any legal consequence

Contract says: It is hereby agreed between the Board of Education of School District #10 and the undersigned licensed staff member that the licensed staff member will teach in the schools of the district for the 2020-2021 school year. It is further understood and agreed that this contract is... Read more »

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

I doubt that is the entire contract, as those contracts usually gone on for several pages, and no attorney can give you an answer without reviewing the entire contract.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a Landlord/Home owner raise rent on tenants during covid 19?
Gregory L Abbott
Gregory L Abbott answered on Jul 13, 2020

Certainly as long as they provide at least 90 prior written notice and are otherwise in compliance with the rules. The Covid-19 emergency has gotten tenant protections against being evicted for non-payment of rent and for no-cause termination of tenancy notices but there is no prohibition against... Read more »

1 Answer | Asked in Probate for Oregon on
Q: I have filled out subpoenas for information in a probate case. The judge is holding them.

I filled them out 5 weeks ago and sent them to the court to be signed. They are requesting phone records, text messages, Documents for a will contest. The judge is holding them and when I check it is something different. Today I was told the Judge is researching to see if he can even sign them? If... Read more »

Theressa Hollis
Theressa Hollis answered on Jul 13, 2020

I recommend you hire an attorney to assist you with this case. I'm not entirely sure what "Subpoenas for information" refers to. If you are trying to pursue a Will contest there are important time limits in place so it's essential that you hire an experienced probate litigator as soon as possible

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: In Oregon can a landlord make you neuter your dog and if you don't, evict you???
Jennie Lynn Clark
Jennie Lynn Clark answered on Jul 12, 2020

I would look to your rental agreement to see if the issue of dog neutering is addressed. Landlords can have a policy of no dogs or only neutered dogs. If your dog is a service dog, then the landlord will need to accommodate your disability. I am not sure if the neutered status of your dog affects... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Oregon on
Q: My son was written up for reckless driving after running a stop sign on a country road. Fine is $6250.

This fine is devastating and seems way out of line with the infraction. There was no one at the intersection (except the officer), he was driving under the speed limit, and he made a conscious decision when he saw the stop sign that it would be safer to drive through it than to slam on the breaks.... Read more »

Jared Justice
Jared Justice answered on Jul 10, 2020

That fine is the maximum fine for a class A misdemeanor.

Typically, that is not the fine that is imposed (at least I have never seen it/heard about it being imposed).

Your son would be wise to get an attorney, prior to his court date. In my opinion, it is usually best to find an...
Read more »

1 Answer | Asked in Immigration Law for Oregon on
Q: My passport from Venezuela expired & I have I-751 case pending. I cannot renew my passport. Can I get a travel doc?

Since Venezuela does not currently have working consulates in the US where I could renew my passport, can I apply for a I-131 travel document that would replace my passport if I intend to travel overseas, Europe for example? I will also be eligible to apply for naturalization in September. Would... Read more »

Kyndra Mulder
Kyndra Mulder answered on Jul 10, 2020

An expired passport will not effect your NATZ application.

Yes, you may apply fo a travel document.

1 Answer | Asked in Criminal Law for Oregon on
Q: charged me 5 cents for a paper

I was making a purchase in a Chevron convenient store located in Dexter Oregon and they charged me 5 cents for a paper bag that was from WinCo is that against the law especially during this whole Corona virus epidemic

Tim Akpinar
Tim Akpinar answered on Jul 10, 2020

An Oregon consumer rights attorney could advise best, but your post remains open for two weeks. That rule is being implemented by cities all over the nation and is more closely tied to recycling/waste reduction than to the pandemic. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: What happens if I cannot move out by the time indicated on my notice to vacate?

My house closing has been pushed back past when I am supposed to be out of my apartment and the landlord says I cannot stay longer. What happens if I stay past my move out date. I only need an additional 4 days.

Gregory L Abbott
Gregory L Abbott answered on Jul 9, 2020

No worries - while your landlord won't like it, and you will still owe rent for the additional days, the only thing the landlord can legally do is file to evict you in court. Not only does that cost him money, but your first court appearance cannot be before 7 days after he files (and no... Read more »

3 Answers | Asked in Bankruptcy for Oregon on
Q: Can I bankrupt one item from my credit - an eviction?

An ex and I signed a lease for an apartment 2016, 3 months before the year was up we had to move out of state and didn't have the money to pay the rest of the lease. Of course there is an eviction on my credit (and probably his too). He and I broke up due to abuse and I have no idea where he... Read more »

Michael Francis Barrett
Michael Francis Barrett answered on Jul 9, 2020

You cannot file for bankruptcy on only one debt - all of your debts must be listed and are affected. You may want to consider seeing a debt settlement attorney in your area, perhaps you can work out a favorable settlement on this one debt.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: Can I trademark Floyd D Duck? I think the trademark has lapsed
William Scott Goldman
William Scott Goldman answered on Jul 8, 2020

Well, assuming the grace period has already expired and there's no common law use or federal registration(s)/pending application(s) for anything identical or similar in the relevant categories, then you could attempt to register the mark. I'd recommend hiring a trademark attorney to... Read more »

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1 Answer | Asked in Banking, Business Formation, Business Law and Civil Litigation for Oregon on
Q: I had a business associate who was going to be a partner rip me off for a lot of money and inventory. We started

I had a business associate who was going to be a partner rip me off for a lot of money and inventory. We started a new joint bank account together at banner bank. What I did not know was he was friends with the assistant manager of the bank. So the next day she cancelled our joint banking account... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 8, 2020

If you opened a personal joint bank account, it is usually opened "A or B",not "A and B", which makes a huge difference. If the account was opened as "A or B" or "A,B", the meaning is the same. The Terms and Conditions agreement you would have been given by... Read more »

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: Is there a specific amount of time an owner can claim a lost cat before the cat is adopted?

A cat showed up at my house and I am trying in good faith to find her owners (if any) before I adopt her as my own. I took her to the vet after 3 days to scan for a chip (none), check for sterilization (spayed but not ear tipped), and check her overall health. I have checked any/all social media... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 7, 2020

In Colorado, the law on abandoned property is 5 years. You would have to look up the abandoned property law in OR, because animals are considered property there, too. That said, you are doing the right things to protect your ownership claim if the true owner does ever pop up.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can I charge tenant now for damages but finish the work at a later time?

We had a tenant who broke the lease and left the floors in bad shape. More damage here than what is left of the deposit and so we will be looking for them to pay. This is definitely more than normal wear and tear but we have new tenants ready to move in and they are fine if we put off some of the... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jul 7, 2020

Yes, a landlord is entitled to recover damages even if they elect to not repair the property (the dwelling without the damages is worth $XXX. If tenant puts 6 foot hole in wall, dwelling worth $XXX minus cost of repair ($YY). So landlord can fix and return dwelling's value to $XXX or not... Read more »

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: Can my ex get away with stealing my dog if I allowed a day visit?

I allowed a 24 hour visit he's kept her now for 5 days threatening me if I call the cops, telling me I'm not fit cause I changed her name, she was on medication and because of this she's missing antibiotics. I don't know what to do he did not purchase her and we weren't together when I got her

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 5, 2020

Call the cops and show them the paperwork proving you own her. If the cops won’t help then you will have to sue him, unfortunately.

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