Steven R Bennett’s Answers

Steven R Bennett

Portland Business Attorney.

Contributor Level 8
  1. My dad left his estate to an ex wife, under OR probate estate law can I contest the Will

    Answered over 5 years ago.

    1. Christopher L Cauble
    2. Steven R Bennett
    3. John M. Kaman
    4. Melya Stylos
    4 lawyer answers

    Generally any interested party can contest a will. The question is, will you succeed? It is rare to have a will declared invalid, especially if the will was prepared by an attorney (as opposed to a will prepared by the testator or by any non-attorney). Also, a will contest can be a long, expensive process. Children generally have no right to prevent their parents from dis-inheriting them. Thus, a successful challenge to your father's will must establish a legal basis for declaring it...

    1 lawyer agreed with this answer

  2. Seller and buyer live in Oregon. Seller is selling total interest in timeshare located in California. What forms are necessary?

    Answered over 5 years ago.

    1. Steven R Bennett
    1 lawyer answer

    Unfortunately, this situation may not lend itself to simple forms. To start, the parties should contact the time-share administrator/management company, if any. That office would likely have an instruction sheet on procedures for transferring ownership, including forms. If there is no such office, buyer should proceed cautiously, as there are many different forms of time share ownership, and therefore different procedures for transfer. For starters, find out if the ownership rights include...

  3. Is commercial tenant entitled to Non-refundable payment for improvements to property for business operations when tenant default

    Answered over 4 years ago.

    1. Steven R Bennett
    1 lawyer answer

    The rights and obligations of landlord and tenant under a commercial lease are governed almost exclusivley by the written lease, to the extent the lease covers the disputed issues. Here, it appears the $11,000 paid by tenant was expressly stated to be nonrefundable, so tenant likely gets none of that back. Landlord's request that tenant vacate should have been in writing, but if tenant acknowleges the request, the point is moot. It appears tenant has almost no rights, as a tenant in default....

  4. Can a cosignor to a rental lease be held liable for unpaid rent if they are not named on the lease agreement

    Answered over 5 years ago.

    1. Steven R Bennett
    1 lawyer answer

    It is quite possible that the cosigner is liable, but it depends on the language used in the original document signed by the cosigner. Most co-signer forms have language stating that the co-signer is liable for all charges under the current lease, and all extensions or renewals of it. If that is not the case here, then the co-signer has a strong argument that the co-signer was released from liability when the landlord signed an extention of the lease.

  5. Business Lease laws/protections

    Answered over 5 years ago.

    1. Ryan Patrick McClure
    2. Steven R Bennett
    2 lawyer answers

    If your original lease has not yet expired, it is likely still in effect. The change of owners does not normally terminate a lease; instead, the new owner steps into the shoes of the old owner with respect to any existing lease agreements. In general, a month-to-month lease is in effect if you pay your rent monthly and there is no written lease in effect. Under this type of commercial lease, you normally are entitile to 30 days' notice of termination, assuming you are current in payment of...

  6. Real Estate rights?

    Answered over 5 years ago.

    1. Alan R. Nye
    2. Steven R Bennett
    2 lawyer answers

    Based on the information stated in your question, it appears you do NOT have any rights to protect your credit. Apparently your ex got the house in the divorce, but the lender is always free to ignore what the divorce court ordered, and the lender can pursue collection against any of the orginial parties who signed on the loan. In the course of your divorce, there should have been some resolution of the mortgage. Typically a divorce court would order that the house be sold or refinanced...

  7. How can you see the contents of a will of someone that is decased?

    Answered over 5 years ago.

    1. Steven R Bennett
    1 lawyer answer

    There is no universal right to see someone's will, even after that person is deceased. It is up to the testator (the person signing the will) to disseminate copies of the will to all intended parties while the testator is alive, and to leave the original of the will with a responsible party who will see that it is filed with the court after death, if necessary. Once the probate process is begun (normally initiated by the person named in the will as executor), the will becomes public record...