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Freya A Shoffner

Freya Shoffner’s Answers

99 total


  • I have a mother/father in law. One has advanced dementia and the other has had several strokes. My wife and I are looking for

    options.Power of attorney, proxy and how to handle their assets. This is not a good area for us as far as the knowledge and we get advise from everyone.

    Freya’s Answer

    All of the attorneys have given you excellent advice. One other important thing to consider is making sure that you and your wife also execute health care proxies, powers of attorneys, and Wills so that your family will be prepared if anything happens to either of you.

    More good reasons to call an elder law/estate planning attorney in your area.

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  • Is our landlord allowed to lease space to a company who provides the same services we provide and uses a similar name?

    We don't have a non-compete clause in our lease. We provide health care services and have been in practice as an LLC for 20 years (at this site for 6 ). Our landlord rented space right next to us to a company from another town dba as the same na...

    Freya’s Answer

    I agree with both attorneys who previously answered your request. Based on what you've written, it does not appear that you have any grounds for pursuing a claim against your landlord. It is common, and frankly necessary, to negotiate an exclusivity arrangement with one's landlord prior to signing a lease. If your lease does not have such a provision, there may be some other avenues for pursuing the landlord depending on the other provisions in the document (or lack thereof.) However, without reviewing a signed copy of your lease, I cannot make a firm answer.

    It also appears that you may have a number of claims against your neighboring tenant including a potential trademark violation. You should be certain to make an appointment with an attorney in your area who has significant experience in small business litigation to determine the best course of action.

    Please do feel free to make contact with me if you have additional questions.

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  • Creditors are coming after us for equipment in our restaurant that closed.

    We got equipment from a restaurant supply store. They sold it to the company name. We never personally guaranteed the purchase. Can they come after us personally?

    Freya’s Answer

    I agree with Attorney Wiley, the type of "company" determines whether the supply store can maintain an action against you personally. Your first step should be to look at your company documents. Are you a corporation? An LLC? Or are you a sole proprietorship or a partnership.

    If you are a corporation or an LLC you must then look at the signature on the loan document. Did you sign it as an officer of the corporation, or did you just sign you name? If you simply signed your name (or another member of the corporation signed his or her name) you may be personally liable for the debt.

    The quickest, easiest, and least expensive way to resolve this matter accurately, is to consult with a licensed attorney in your jurisdiction who deals with business debt matters. Many attorneys offer an initial consultation at no cost, and an experienced attorney should be able to determine very quickly if you have any liability or not.

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  • Do I have any financial rights when a long term relationship where finances were shared comes to an end?

    After 9.5 years of dating, including 7 years of cohabitation, my boyfriend has decided to leave our partnership. In our years together, marriage and children were a mutual goal but my partner changed his mind and now chooses to leave me. We purcha...

    Freya’s Answer

    Oregon does recognize domestic partnerships and will make property divisions based on the intent of the parties to the partnership. The case that established domestic partnership rights is Beal v. Beal, 282 Or. 155, 577 P.2d 507 (1778.) In Beal, the Supreme Court explained that the primary consideration in such cases is the express or implied intent of the parties.

    Since Oregon does recognized the rights of domestic partners, your job is to prove that you had a valid domestic partnership and that your intent was that the property held during the partnership was to be shared upon the dissolution of the partnership. The issue then becomes whether you might also receive a periodic stipend.

    Your next step is to make an appointment with an attorney who is not only licensed in Oregon, but who is highly skilled in working with the litigation associated with the dissolution of domestic partnerships.

    I wish you all the best.

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  • I was awarded certain property in our divorce; however, my ex will not give them to me. Do I go to small claims court?

    No more detail other than I've set up times, arranged a truck and he was always busy or didn't show up.

    Freya’s Answer

    I agree with Attorney Dickstein, it is the Family Division of the Circuit Court that will enforce the divorce judgment. You should make contact with the Friend of the Court who will be able to help you take the first steps to enforce the judgment. The link below will bring you to the website for the Friend of the Court.

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  • Can customers pick up purchases @ our apartment if the sales are made online without needing for the residence to be commercial?

    As long as the sales are made online, would it be ok for customers to pick-up their purchases at our studio [i.e. our apartment] without needing for the place to be a commercial property? Would you suggest an online form of agreement to say that t...

    Freya’s Answer

    • Selected as best answer

    I agree with Attorney Koslin. You would have to clear it with your landlord (or the condominium association if own you apartment,) you would also have to be sure that you are not violating any zoning or other municipal ordinances, and you would have to make sure that you are properly insured.

    The biggest concern is safety. It makes no sense whatsoever to invite strangers to you home. Notwithstanding the risk that customers might be injured (one can insure for that,) the risk is that you are letting strangers know where you live. Don't do it.

    The better way is to set up a PayPal account, or a secure ordering page on your website, and then arrange to ship the items to your customers. You can add the shipping costs to the cost of your products.

    To be extra sure that you are covered, you should consult with a qualified attorney who is licensed in your jurisdiction to ensure that you are in compliance with all of the relevant laws. Doing so will help ensure your business' success.

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  • Where do you recommend I begin research on my rights and duties as one of four owners of an inherited home and property?

    I am one of four siblings who inherited a home in Honolulu in 1974. I don't know whether my interest in the shared home can be passed on to my heirs. I have no children, just three nieces. Where do I begin my research? I would to be as informed as...

    Freya’s Answer

    You should begin your research with the probate court to determine if there was a Will. (Probate Court Rules link below) If so, the Will may give you some clue. You should also check the Land Records office (link below) to see if there is a deed on record. That may also give you a clue.

    Then, you should make an appointment with an attorney who is licensed in your jurisdiction so that you can draw up an estate plan that will carry out your exact wishes. Estate plans need not be complex or unduly expensive and a good one can save you and your loved ones many hours of heartache and many precious dollars.

    This answer is not intended to provide specific legal advice. No attorney client relationship between you and Shoffner & Associates or any of its attorneys is established, intended ,or implied. This answer should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction regarding your particular situation. Any advice contained in this communication is not intended to be used and cannot be used by any taxpayer for the purpose of avoiding Federal tax penalties that may be imposed on the taxpayer.

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  • I have been separated from my spouse for 4 years. I don't even know where he is. I invented a medical device, have a patent

    and a c corp. Does he have any right to the invention (I invented AFTER I left him) and to the company and my shares. We where married in Arizona and I invented the device in Colorado and am filing for a c corp in wyoming.

    Freya’s Answer

    I agree with Attorney Foote. There are a variety of issues that will need to resolved in the dissolution of your marriage. The first is jurisdiction. Which state has jurisdiction over your divorce? That depends on a number of factors. The second issue is which entity owns the patent? The third question is how to determine what are marital assets. The answer to that depends, among other things, on which state has jurisdiction and how that state defines the date of the breakdown of the marriage.

    Since patents can often bring quite a bit of income, it will be well worth you while to engage a highly competent attorney in your jurisdiction who focuses on family law and who also is familiar with intellectual property issues.

    This answer is not intended to provide specific legal advice. No attorney client relationship between you and Shoffner & Associates or any of its attorneys is established, intended ,or implied. This answer should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction regarding your particular situation. Any advice contained in this communication is not intended to be used and cannot be used by any taxpayer for the purpose of avoiding Federal tax penalties that may be imposed on the taxpayer.

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  • Hi, Wife/I legally separated since Dec 2009. Do I have to pay her half of my bonus earned for work in 2010? Divorce not settled.

    Hi, I am wondering if I need to pay my soon to be ex wife half of my bonus for work performed in 2010. I want to pay off credit cards for our community expenses incurred prior to December 2009 when we filed for divorce. 1) She has $6000 in cre...

    Freya’s Answer

    I agree with Attorney Lieberman, your best approach would be to pay off the credit cards that are community expenses. Be sure to keep very accurate records of which debts you pay and how much you pay toward them because you most likely will be called upon to explain how you applied the bonus.

    If you are not represented by an attorney, your best next step is to retain an attorney in your area who is licensed and experienced in family law. Your attorney will make sure that your interests are well represented in court.

    This answer is not intended to provide specific legal advice. No attorney client relationship between you and Shoffner & Associates or any of its attorneys is established, intended ,or implied. This answer should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction regarding your particular situation. Any advice contained in this communication is not intended to be used and cannot be used by any taxpayer for the purpose of avoiding Federal tax penalties that may be imposed on the taxpayer.

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  • I need Help confused with my Insurance Co. and Police about a Fire Claim

    I had a house fire I was told that day it was an Electrical fire and the House was turned back over to me that afternoon. I got the fire report it stated it was an electrial fire, no human involvment, no arson, etc. 4 days after the fire I got a c...

    Freya’s Answer

    It seems that you are attempting to obtain information from the wrong sources. Neighbors gossip and the clean up crew may not have an accurate recollection of what was done. After a fire it is reasonable for the insurance company to visit the property on various occasions to document the extent of the damage and the extent of the loss, but it is not usual for them to remove belongings outside of the course of an extensive investigation.

    Call you insurance company and ask to speak with the person who is responsible for you claim. This individual is responsible for the claims process on your case and will be able to tell you exactly what is going on. Once you have an answer ask the representative to write you a note confirming the answer.

    You will find a link below to the Liberty Mutual website that explains the claims process, you should look online to find your company's explanation as well.

    If you are still concerned you should consult an attorney in your area who is skilled in the area of insurance claims.

    This answer is not intended to provide specific legal advice. No attorney client relationship between you and Shoffner & Associates or any of its attorneys is established, intended ,or implied. This answer should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction regarding your particular situation. Any advice contained in this communication is not intended to be used and cannot be used by any taxpayer for the purpose of avoiding Federal tax penalties that may be imposed on the taxpayer.

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