Oregon Recent Legal Answers from Lawyers

Assuming the home is in your mother's name only, if the value of the home is $200,000 or more, a full probate will be needed to properly transfer or sell the home. If the home value is under $200,000, you may be able to file a Small Estate Affidavit with the Court and transfer the home through that process. Eitherway, I recommend contacting a probate attorney to discuss further.... Read More

I'm not sure why you're planning to sue in Canada and not Oregon, unless it ts required by your contract; since the dispute involves a transaction where the Canadian company was going to deliver an rv to Oregon, I think the Oregon courts would probalby have jurisdiction over it.  However, if you are going to sue in Calgary, you need a lawyer admitted to practice in Calgary.... Read More

My thoughts are that it is Nike's intellectual property and they can choose their targets.  It's certainly easier to make a case against a true knock-off than against customizations of legitimately purchased products.  It's actually a completely different case, in general.  The harm from knock-offs is that the consumer is likely to mistake the knock-off for the original product.  The harm in the case of customizations is generally risk of tarnishment and dilution of the established brand.... Read More

As Executor you must either sell the house if that is needed to pay the debts or record a distribution deed from you as exxecutor to all of the beneficiaries under the Will.  Only then may you buy out your siblings and keep the house.  you and your siblings cannot reach an agreement on price, they can file a Suit for Partition, forcing sale to a third party at fair market value.  If you squat in the, you can be evicted and replaced as executor and may owe your siblings, not to mention what this will do to family harmony and to your reputation.   Not a recommended course of action.... Read More

The cost of an estate plan which would include a revocable trust (also called a living trust), will, power of attorney and health care directive for one individual will likely be around $1,500 - $2,000. It depends on the size of the estate and how many assets need to be re-titled into the trust once it is created. The lawyer should help with this task after the trust is created.  Hope that is helpful. John Sorlie Bryant, Lovlien & Jarvis Bend, Oregon... Read More

A home is not counted in determining Medicaid eligibility. In some states, a transfer on death or Lady Bird Deed is available to transfer the home free of Medicaid Estate Recovery. However, bank accounts available to either of you are considered in determining Medicaid eligibility:  spouses have a duty to support one another.... Read More

OK so typically this is a very common scam. What you describe happens as follows. Guy meets lady on website, Lady claims to be over 18, photographs are either sent and or received or both. Sometime later the alleged father gets on the phone and text you that his daughter is under age and he's going to turn you into the police unless you provide him with a certain amount of money. This is how the scam works. There is no girl, there is no father, there won't be calls to the police. This is a total scam.... Read More

First, when you say legally responsible, eo you mean criminally or civilly?  The standards are different, but really the answer to either is it depends on the circumstances.  Did you fall asleep after the person dove, or did you let the person know two weeks befroe the dive that you would lnot be able to pump oxygen?  Were you unable to pump oxygen because you had a heaert attack, or did you just decide you were mad at the diver?  If you were on the boat and just decided not to pump oxygen, knowing that the diver was relying on you to do so and that he/she would be in danger of drowning if you didn't, or perhaps even intending that he/she drown, you could be liable both criminally and civilly.  If you let the diver know a week in advance, so that he/she could have decided not to dive, you could be liable civilly for breaching your contract, but not criminally (althoug it is not clear what damages you'd be responsible for, perhaps the extra cost of hiring osmeone else to pump the oxygen; under those circumstances it's very unlikely that you'd be liable for wrongful death, although I wouldn't put it past some lawyer to sue you for it).  There are many other possible scenariox with differeing facts which could lead to different results.... Read More

There is no immigration bar against anyone volunteering or working without getting paid as long as there is no compensation whatsoever including payment for meals or transportation. I do note, however, that such a situation might be difficult for you and the employer to explain if there is a workforce enforcement action by ICE and you are located on the premises. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

If you know that you are the subject of a federal warrant, you should contact an experienced federal criminal defense attorney immediately to protect your rights. You should not make any statements to law enforcement in the meantime. The attorney will be able to look into the matter and gain information. The attorney can also arragne for a self-surrender, rather than you suffering a public arrest at home or at work. ... Read More

Without a basis to immigrate or to enter the US through family relationships, your boyfriend would generally have to obtain a work visa to work legally in the US if he comes into the country. Such work visas normally require a job offer. I note that if he manages to obtain an F-1 student visa, he may be allowed on-campus employment which does not require USCIS employment authorization, and later the possibilities of curricular practical training, pre-completion practical training, and post-completion practical training. If your relationship is serious, and you wish to apply for his fiancé visa, you would both have to physically meet prior to the petition being submitted to USCIS. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

It seems to me that the most common concern clients have with their attorney is lack of communications.  An attorney is obligagted to keep you informed and up-to-date about your case. That being said, you state that your have personal injury case.  With the COVID slow down, everything has been placed on the back burner, especially with person injury cases.  It may be months between court hearings.  It is very likely that nothing is happening with your case, with the the COVID slow down, and nothing to report to you.  You are not the only person frustrated.   Let me suggest you give your attorney a call and ask him what is happening.  You will most likely hear what I stated above. ... Read More

The answer is probably yes; however, what was the reason for the water on the floor at the entry. For example, was it raining? Then you would need to know how long the water was there before the staff knew about the water.   If the staff knew the water was there and they did not put out signage to be careful or clean it up, your premises liability case becomes stronger.  The longer the staff knew the water was there and did nothing, the stronger your case becomes.  Howevrer, if the water was on the floor for a very short period of time and no one knew about, your case becomes weaker. When it comes to a primises liability case, you are going to need to show damages.  If you are in pain, yes, go see a doctor.  If you do not have a documented injury, your case becomes weaker.  If you purse a case, your doctor's report will become evidence to document your injury and determine damages.    ... Read More

If he can express his wishes, he can move to another care facility.  If he no longer has that ability, you can speak for him regarding medical care if he appointed you his health care agent.  But other than your brother himself, the only person who can decide where he lives is his guardian.  From your description, it is not clear whether you would need to become his guardian or whether he can himself tell the facility that he wants to move.... Read More

Lawyers are hired “at will”  that means you have the right to terminate a lawyer at any time without cause.  However, let me suggest when you terminate this lawyer, you should do so in writing.  Your letter should state why they there being terminated and it should give instructions as to where you want your file sent.  It can sent to another lawyer or yourself.... Read More

While an attorney can be named as executor of your estate including your digital estate, you will need someone else to serve as your agent for health and financial matters while you are alive.  In many areas there is a non-profit who will serve.  Some geriatric care managers will also serve.... Read More

Your mom died first, so to the extent that she had separate property her will would control the disposition of that property.  To the extent that she owned property as a joint tenant with your dad (or anyone else for that matter) those assets would pass to the survivor regardless of any will.   Your dad’s property, including any property he inherited from your mom, would pass according to the laws of unrest act.  ... Read More