Oregon Questions & Answers by Practice Area
- Bankruptcy
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- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
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Oregon Questions & Answers
Q: My ex is willfully defying a court order for me to take custody of our daughter. Can I have her arrested for that?
Mr. Michael O. Stevens' answer
Police tend to not want to get involved in disputes such as this, unless there is a court order. I would suggest talking with your divorce attorney or the one handling your custody case.
Police tend to not want to get involved in disputes such as this, unless there is a court order. I would suggest talking with your divorce attorney or the one handling your custody case.
Q: I told a lady giving away puppies I had ppl who wanted them so I got the 4 puppies and the homes fell through.
Mr. Michael O. Stevens' answer
This depends a bit on if you were considered an animal dealer under Oregon law.
This depends a bit on if you were considered an animal dealer under Oregon law.
Q: If I am on benched probation and I get a ticket for driving without a license and I didn't go to court what will happen?
Mr. Michael O. Stevens' answer
Doesn't matter if the ticket was for speeding or anything else, you were not supposed to be driving. If you did not go to court, they will likely issue a bench warrant, and it will not look good to your PO.
Doesn't matter if the ticket was for speeding or anything else, you were not supposed to be driving. If you did not go to court, they will likely issue a bench warrant, and it will not look good to your PO.
Q: What is Oregon statues for charging someone with delivery of meth
Mr. Michael O. Stevens' answer
ORS § 475.890. Best not to post anything else online and consult with a criminal law attorney ASAP.
ORS § 475.890. Best not to post anything else online and consult with a criminal law attorney ASAP.
Q: May I file a theft complaint against the staff of a closed, locked facility which has video surveillance?
Mr. Michael O. Stevens' answer
Unless the facility was actively a participant in the crime, no. Also, keep in mind that sometimes cameras are for show and are not actually working or recording.
Unless the facility was actively a participant in the crime, no. Also, keep in mind that sometimes cameras are for show and are not actually working or recording.
Q: Took FMLA, now they want me to return to a non-equivalent job in Oregon
Mr. Michael O. Stevens' answer
Generally speaking, they do not have to hold open your job, just provide you with an equivalent position. That gets fact intensive and there are no real black and white answers, as that basically gets into opinions. You might sit down with a local employment law attorney, best if they do FMLA, and go over all of the facts to get their opinion on the situation.
Generally speaking, they do not have to hold open your job, just provide you with an equivalent position. That gets fact intensive and there are no real black and white answers, as that basically gets into opinions. You might sit down with a local employment law attorney, best if they do FMLA, and go over all of the facts to get their opinion on the situation.
Q: what is a Oregon Statue
Mr. Michael O. Stevens' answer
An Oregon statue is a three-dimensional work of art located in the state of Oregon. An Oregon Statute is a law passed by the legislature, abbreviated ORS. As to your other question, sort of. You could sell it, but it would have no real legal affect and leave you open to a variety of issues. Plus, unless you are selling to a moron, they will go through escrow and find out you are not on the deed (I make an exception as to if you are not on the deed but still an owner versus you are not on the...
An Oregon statue is a three-dimensional work of art located in the state of Oregon. An Oregon Statute is a law passed by the legislature, abbreviated ORS. As to your other question, sort of. You could sell it, but it would have no real legal affect and leave you open to a variety of issues. Plus, unless you are selling to a moron, they will go through escrow and find out you are not on the deed (I make an exception as to if you are not on the deed but still an owner versus you are not on the...
Q: ExeCutor what duties or rights do thy have
Vincent J. Bernabei's answer
The executor or personal representative of an estate has a fiduciary duty to administer the estate according to the terms of the will, or if there is no will, according to the laws of intestate succession. These duties include inventorying the estate, taking possession of estate property, evaluating and paying legitimate claims of creditors, avoiding self dealing, and timely distributing estate assets to those entitled to receive distributions.
The executor or personal representative of an estate has a fiduciary duty to administer the estate according to the terms of the will, or if there is no will, according to the laws of intestate succession. These duties include inventorying the estate, taking possession of estate property, evaluating and paying legitimate claims of creditors, avoiding self dealing, and timely distributing estate assets to those entitled to receive distributions.
Q: Did Small Estate Affidavit, I am Personal Rep. Title company won't except Affidavit without lawyer writing it up.
Vincent J. Bernabei's answer
If you went through the small estate process, you are the claiming successor, not the personal representative of the deceased person's estate. There are some title companies and banks that will not honor an affidavit of claiming successor. I suggest you provide the title company a copy of the Oregon statute with a court certified copy of your affidavit. You will still need to prepare a deed to transfer title to the house. If the title company is seeking an opinion letter from an attorney,...
If you went through the small estate process, you are the claiming successor, not the personal representative of the deceased person's estate. There are some title companies and banks that will not honor an affidavit of claiming successor. I suggest you provide the title company a copy of the Oregon statute with a court certified copy of your affidavit. You will still need to prepare a deed to transfer title to the house. If the title company is seeking an opinion letter from an attorney,...
Q: employment question
Mr. Michael O. Stevens' answer
It sounds like you are asking about severance pay, and that is not required. IF you are asking about the penalties for violation of the WARN Act for only giving 30 days notice, that assumes the WARN Act applies. There are exceptions, and perhaps not all of the 190 employees count as some could be contract workers/independent contractors/not worked there long enough.
It sounds like you are asking about severance pay, and that is not required. IF you are asking about the penalties for violation of the WARN Act for only giving 30 days notice, that assumes the WARN Act applies. There are exceptions, and perhaps not all of the 190 employees count as some could be contract workers/independent contractors/not worked there long enough.
Q: I'm 16 and my boyfriend is 27... If the police found out, would he get arrested?
Mr. Michael O. Stevens' answer
If there is no sex or sexual contact, and assuming he is not a registered sex offender, there should not be any problems. I would however question why you would want to date someone so much older. This just sounds like a bad situation waiting to happen.
If there is no sex or sexual contact, and assuming he is not a registered sex offender, there should not be any problems. I would however question why you would want to date someone so much older. This just sounds like a bad situation waiting to happen.
Q: My daughter is constantly being hit or kicked in school (8yrs old). What are her rights and how do i get it to stop?
Mr. Michael O. Stevens' answer
If it is the same child hitting yours, you might consider counseling for your daughter. That would establish emotional harm. Then sue the parents and the school for negligent supervision, see ORS § 30.765 as to liability on the parents. For the school, note a tort claim notice has to filed and fairly quickly (assuming this is a public school).
If it is the same child hitting yours, you might consider counseling for your daughter. That would establish emotional harm. Then sue the parents and the school for negligent supervision, see ORS § 30.765 as to liability on the parents. For the school, note a tort claim notice has to filed and fairly quickly (assuming this is a public school).
Q: Our contract for our rental property states "must provide water and power." our landlords denied power our first night.
Mr. Michael O. Stevens' answer
Go find a local landlord/tenant attorney to discuss. This would relate to habitability, and there are strict rules and strong penalties for this type of thing.
Go find a local landlord/tenant attorney to discuss. This would relate to habitability, and there are strict rules and strong penalties for this type of thing.
Q: If I am do to receive minor inheritance at the age of 25, is there any way of collecting that money sooner?
Mr. Michael O. Stevens' answer
No, that is what the will called for. I guess you could challenge the will, but these types of provisions are standard so that you mature enough before receiving a bunch of money.
No, that is what the will called for. I guess you could challenge the will, but these types of provisions are standard so that you mature enough before receiving a bunch of money.
Q: how I can go about asking for the record of a trust pass warning against me without violating how long does it last
Mr. Michael O. Stevens' answer
If you were trespassed from someone's private property there is no expiration.
If you were trespassed from someone's private property there is no expiration.
Q: How can I purchase this trademark title?
Mr. Michael O. Stevens' answer
First, you need to make sure no one else is already using the same mark. You could do your own search using the Trademark Office's database (http://www.uspto.gov/trademark) but those only include the marks registered. A better option is to consult with a trademark attorney who can go over everything involved and have a proper search conducted, as you do not want to build a brand just to end up starting over later.
First, you need to make sure no one else is already using the same mark. You could do your own search using the Trademark Office's database (http://www.uspto.gov/trademark) but those only include the marks registered. A better option is to consult with a trademark attorney who can go over everything involved and have a proper search conducted, as you do not want to build a brand just to end up starting over later.
Q: Im 16, Can i move out at 17?
Mr. Michael O. Stevens' answer
Review this handbook as to emancipation and other rights: http://www.mbabar.org/assets/documents/resources/juvrights.pdf
Review this handbook as to emancipation and other rights: http://www.mbabar.org/assets/documents/resources/juvrights.pdf
Q: Why file a memorandum of option with the county? Does it have any bearing on an option to purchase contract? Thank you.
Mr. Michael O. Stevens' answer
The only reason you really file with the county is for priority reasons.
The only reason you really file with the county is for priority reasons.
Q: Elderly sitting, like babysitting but for the elderly
1 Answer
| Asked
in
Elder Law, Business Formation and Contracts
for
Oregon
on
Answered on Mar 9, 2016
Answered on Mar 9, 2016
Mr. Michael O. Stevens' answer
I do not do elder law, but you might want to look into if this would require some sort of license like a CNA. As to insurance, you always want to have insurance, and a commercial general liability (CGL) should suffice, along with perhaps a professional liability rider. This way if something happens the insurance not only will cover the damages, but will defend you as well.
I do not do elder law, but you might want to look into if this would require some sort of license like a CNA. As to insurance, you always want to have insurance, and a commercial general liability (CGL) should suffice, along with perhaps a professional liability rider. This way if something happens the insurance not only will cover the damages, but will defend you as well.
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