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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

1 Answer | Asked in Family Law for Oregon on
Q: I am wanting to change my 7 year old daughters name

(Last name only to match mine)& wondering if a judge would sign off on it without notifying her Biological father who hasn’t supported her or had any contact with her in 3 years. She has also never lived with him since our divorce 4 years ago. He is currently in jail facing prison time &... View More

T. Augustus Claus
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answered on Jan 29, 2024

In Oregon, changing a child's last name typically requires notification to both parents, even if one parent, like the biological father in your case, has been absent or has a history of substance abuse. The court generally considers the best interests of the child in such matters, and your... View More

2 Answers | Asked in Animal / Dog Law for Oregon on
Q: i live in oregon, with other people and the owners dog is vicious and attacks my dog, i dont know what to do

this dog has bitten a kid in the past and is vicious all the time

Jina Ly Clark
Jina Ly Clark
answered on Jan 28, 2024

Make a complaint to your local animal control. Find out if the dog owner is a homeowner or has renter's insurance. You are entitled to be reimbursed for any vet bills the vicious dog causes to your dog. If a human is attacked, the human is entitled to non-economic damages for pain,... View More

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2 Answers | Asked in Personal Injury for Oregon on
Q: My wife is a cashier at a dept. store . She was grabbed by her head by an autistic young man , accompanied by his mother

He pulled her hair and scratched her head in several places. Really shook her up . Store asked them to leave. Any recourse ?

Tim Akpinar
Tim Akpinar
answered on Jan 28, 2024

I'm sorry for your wife's ordeal. Unfortunately, some law firms are reluctant to consider cases where recovery involves solely an uninsured individual. A starting point could be to reach out to workers' comp attorneys, as this occurred in the course of her employment. An experienced... View More

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2 Answers | Asked in Personal Injury for Oregon on
Q: My wife is a cashier at a dept. store . She was grabbed by her head by an autistic young man , accompanied by his mother

He pulled her hair and scratched her head in several places. Really shook her up . Store asked them to leave. Any recourse ?

Brad  Holbrook
Brad Holbrook
answered on Jan 27, 2024

I am so sorry to hear that this happened to your wife. I hope she is okay, and she was able to get any and all medical treatment that she needed, including use of a counselor. Fortuately, this does not happen too often. There could be some criminal liability, as she was a victim of disoderly... View More

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1 Answer | Asked in Probate for Oregon on
Q: One of my older brothers died with no will. No assets except a small checking account. Do we need to file probate?

His landlord has billed his estate for back rent, but there is no estate, and no estate assets. He died in Eugene, Oregon. Thank you.

Theressa Hollis
Theressa Hollis
answered on Jan 23, 2024

I am sorry for your loss. If the amount of the back rent is more than the balance in his bank account there is no real reason to open a probate (or file a Simple Estate Affidavit) because there is nothing to inherit.

If the account is larger than the rent bill and is less than $75,000 you...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Oregon on
Q: My bf in custody 30d w/no atty. Chrg from 2020, 21, 22- 4 ctcp(1), uumv(2) & psv(2) he didn't do. DA givg 58/mo! Plz hlp

Oregon, has had 2 court dates xcld & don't know why to get an atty & same judge keeps xcld it & is keeps hire public def he fired last year

James L. Arrasmith
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answered on Jan 21, 2024

In Oregon, it's crucial for anyone in custody, especially facing serious charges, to have legal representation. If your boyfriend has been in custody for 30 days without an attorney and his court dates have been canceled, this needs immediate attention.

First, if he's not...
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1 Answer | Asked in Consumer Law for Oregon on
Q: My daughter got a $21,000 car loan in my name and purchased a car from Ford.The dealer helped her fill out and lie on

The loan application to the bank. I want to take Ford and the credit union to court

. Do I have a case?

Gregory L Abbott
Gregory L Abbott
answered on Jan 18, 2024

It depends upon the exact facts but likely not. You likely DO have claims against both the daughter and the dealer if you want to pursue them. If you do pursue claims against anyone else, I would expect them to sue your daughter as part of the proceeding - and she sounds to be the biggest culprit... View More

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Oregon on
Q: I was wrongfuly convicted of a crime and later won my appeal. I want to sue the state which can be explained to a lawyer

Financial hardship, mental abuse, child endangerment, harassment, sexual abuse. Child trauma, emotional distress, all these things happened to me and my children

James L. Arrasmith
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answered on Jan 18, 2024

If you were wrongfully convicted of a crime in Oregon but later won your appeal, you may have grounds to pursue legal action against the state for the hardships and trauma you and your children experienced. Wrongful convictions can lead to significant emotional, financial, and reputational damages,... View More

1 Answer | Asked in Civil Rights and Health Care Law for Oregon on
Q: Does a patient have to disclose any medical information to the school they attend?
James L. Arrasmith
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answered on Jan 16, 2024

No, a student typically does not have to disclose any medical or health information to their school under most circumstances. A few key details here:

• Schools cannot require disclosure of medical info or require physical exams except in very limited cases (e.g. verification of...
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1 Answer | Asked in Immigration Law for Oregon on
Q: just in the US visiting from Dec7-Jan8 with B1/B2.Want to go back to the US on January 22nd but lawyer said i cant.true?

Lawyer said i have to wait 6 months to go back to the us to visits my family. i crossed with no issue.

James L. Arrasmith
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answered on Jan 16, 2024

Your lawyer's advice about waiting six months before returning to the U.S. on a B1/B2 visa is a common recommendation, but it's not a strict rule set by immigration law. The B1/B2 visa is for temporary visits, and the U.S. authorities assess each entry based on your intention to return to... View More

1 Answer | Asked in Federal Crimes, Social Security and Identity Theft for Oregon on
Q: My daughter's social security # was stolen out of her father's home and she stole her stimulus, charges on credit cards.
James L. Arrasmith
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answered on Jan 14, 2024

If your daughter's Social Security number was stolen and used for fraudulent activities like stealing her stimulus check and making unauthorized credit card charges, it's important to take immediate action. Identity theft can have long-term financial and legal implications.

First,...
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1 Answer | Asked in Native American Law for Oregon on
Q: How do I get justice when being denied do proccess through tribal court?

I live on the rez was assaulted on rez by a tribal member who also lives on rez. He was given a peace giver, yet I've still received no word from tribal court. I'm also a tribal member, not from same tribe however.

James L. Arrasmith
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answered on Jan 10, 2024

If you feel that you've been denied due process by the tribal court, there are a few steps you can take to seek justice. Firstly, try to directly contact the tribal court to inquire about the status of your case. There may be delays or misunderstandings that can be resolved through... View More

1 Answer | Asked in Constitutional Law for Oregon on
Q: Or A, I ,21 uses "except" to violate U.S. A. I,10. Is confederate this state act of 1859 VOID ab initio?

79 Or. L. Rev. 793 Constitutional Interpretation, Landau: “Oregon has been at the forefront of the state constitutional revolution [i.e., overthrow of the guarantee of Republican Form of Government]. Oregon cases that I have examined –provide [this state’s ``courts`` in-facto] an opportunity... View More

James L. Arrasmith
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answered on Jan 8, 2024

The question you're asking touches on complex issues of constitutional law and the interpretation of state actions under the U.S. Constitution. Oregon's constitutional provisions and their interpretation by state courts can indeed differ from federal interpretations. However, this... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Oregon on
Q: I'm in a Oxford house in Portland, Oregon and I feel harassed, attacked verbally and slandered by this transgender.

This woman's house was supposed to be a safe place yet icant stay here with the daily verbal assults. Can I sue the Oxford house for discrimination and any other thing you could think of as iam leaving with no where to go because I don't feel mentally stable. I can't take this abuse... View More

James L. Arrasmith
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answered on Jan 8, 2024

In Oregon, if you're experiencing harassment, verbal attacks, and slander at an Oxford House, you may have legal grounds to take action. First, it's important to document all instances of such behavior. Keep a record of dates, times, and details of these incidents as this documentation... View More

2 Answers | Asked in Probate for Oregon on
Q: I am personal representative, my sister filed for probate and appt of pr court docs show listed as pr b4 being appointe

What can i do as I also was on deed with mom w/right of survivorship and she listed my house as estate property I was owner. Paid taxes insurance everything

Karn Thapar
Karn Thapar
answered on Jan 8, 2024

Real estate that is held with rights of survivorship normally does not need to pass through the probate process. This can be handled through proper documentation with the county. However, given the complexity, it is advisable for you to speak with an attorney.

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