Frederick M Okamura’s Answers

Frederick M Okamura

Lake Oswego Business Attorney.

Contributor Level 6
  1. WORK CONTRACT

    Answered over 6 years ago.

    1. Frederick M Okamura
    1 lawyer answer

    From my perspective, there seem to be three issues here. 1) Do you have an ongoing relationship with this Agency that you want to maintain? 2) What sort of leverage do you have? I.e. do you have a written contract? What are the terms? 3) Were you really an independent contractor? (Just because the Agency told you that you were an independent contractor does not mean that you would be treated as such under the law.) You should have a conversation with an attorney so that you...

    1 lawyer agreed with this answer

  2. Can a surviving stepparent refuse to read the deceased spouses will?

    Answered over 6 years ago.

    1. Frederick M Okamura
    1 lawyer answer

    I am sorry to hear of your loss and continuing frustrations. While a will reading is not legally required, in Washington anyone having custody or control of a will is required to deliver it to either the court or the executor named in the will within 30 days. If your stepmother has your father's will and she is named the executor (AKA personal representative) she likewise must deliver the will to the court within 40 days. This 40 day clock would have started when your stepmother learned of...

    1 person marked this answer as helpful

  3. Tortious interference with an inheritance...question

    Answered about 4 years ago.

    1. Frederick M Okamura
    2. George Winslow Mead
    3. James Brian Thomas
    3 lawyer answers

    The situation that you have described is certainly troubling. Seniors are protected by Oregon law by the Elderly and Disabled Person Abuse Prevention Act (ORS124.005), which creates a private right of action in situations of physical or financial abuse. An attorney would need more information to determine whether such abuse, as defined by the statute, is happening. Regardless, it sounds as though your mother is being seriously manipulated and you may want to consider taking steps to revoke...

  4. Are trustees transferable after death of the trustor

    Answered over 6 years ago.

    1. Frederick M Okamura
    2. Joanne Reisman
    2 lawyer answers

    The first step would be for you to have the trust document reviewed by an attorney to determine under what circumstances the trust itself provides for removal of the trustee. If the trust language does not give you sufficient authority to remove her, California law provides for the removal of a trustee where the trustee has committed a breach of the trust or where the trustee’s compensation is excessive, for example. In this latter scenario, you will have to hire a California attorney to file...

  5. Verbal Contract

    Answered over 6 years ago.

    1. Frederick M Okamura
    1 lawyer answer

    As a general rule, yes, a writing is not necessary to form a valid contract. What is important is that the parties have both somehow communicated their intent to be bound by the terms of an agreement. That communication may be in writing, it may be verbal, or may even be done by the performance of some sort of action. Of course, there are important exceptions to this general rule and sometimes having something in writing is necessary. For example, agreements to sell property, to be...

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