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Business Law & Commercial Transactions

We provide counsel on the daily problems and concerns of the business world. There are many different commercial transactions we can help with, such as business formation, loans, sales, construction, mortgages, liens, and the Uniform Commercial Code.

Estate Planning

An estate plan is something everyone should have and review regularly. Without proper planning, your assets may not be distributed as intended. You are able to prepare a will or trust that will distribute your assets as desired. Parents of young children can also ensure that a guardian is appointed in the event of their untimely deaths.

     We can assist you in any estate planning matter including:


Powers of Attorney

Advanced Medical Directives



Estate, Gift, and Generation-Skipping Transfer Taxes


Your will can ensure that your assets will be distributed to the people you intend, and in the manner you feel is appropriate. In Oregon, if you die without a will, then your assets go to specified people by law, and might not be available to those who may need your assets most. In order for a will to be valid, there are strict requirements in its execution, and we will make sure they are done right. However, making a will does not avoid probate, a process which can take up to a year or more to properly distribute your assets as you intended. In order to avoid probate, other estate planning tools are needed, such as creating a trust.

Powers of Attorney

Powers of attorney allow you to designate a trusted family member or friend to manage your personal and/or financial affairs if you become disabled. If you become disabled without a power of attorney, a guardian may be appointed to manage your affairs, which can be much more expensive

Advanced Medical Directive

Advanced medical directives allow you to designate a trusted family member of friend to manage your healthcare decisions if you are unable to do so. If you become unable to make your healthcare decisions without an advanced medical directive, a healthcare representative may be appointed to do so, which can be much more expensive. The advanced medical directive allows you to control your medical treatment at a future time when you may not be able to do so otherwise.


A trust is an entity you create that can hold and manage your assets for your benefit and for the future benefit of designated family and friends. Living trusts can avoid probate court proceedings needed for a will and often save time and expenses in closing your estate. Trusts can also be used to manage your assets for minor children, which are otherwise unable to receive your assets until they reach majority. If you become unable to make financial decisions, a trust can be used to ensure your assets are available for your care. It is also possible to use trusts to transfer assets from your taxable estate, which can minimize Federal and State estate taxes


If you become unable to manage your medical care or financial affairs and have not appointed someone to do so, a guardian may be appointed. A guardianship appointment will allow assets to be used to provide for an incapacitated person, or ensure proper medical treatment is given.

Estate, Gift, and Generation-Skipping Transfer Taxes

An important part of your estate plan may involve minimizing the impacts of taxation to your estate. There is both a federal estate tax, and an Oregon estate tax. Making gifts over a certain amount in a year can trigger gift taxes. Additionally, if assets pass through to a second generation over a certain amount you may incur generation skipping taxes as well. We can help you make an estate plan that will help you protect your assets so that the largest amount gets to the people you want to have them.

Family Law

Child Custody

Child Support and Modification




Prenuptial Agreements

Restraining Orders


There are many different types of litigation which we can help with. Business litigation may include fraud, negligent misrepresentation, interference with a contract, bad faith, and unfair dealing. Commercial litigation may include contract disputes, purchase and sale agreements, and contracts for the sale of goods under the Uniform Commercial Code.

Probate and Estate Administration

Probate is the legal procedure in which the probate court takes jurisdiction over the assets of someone who has died. The court is paid probate fees from the estate to supervise the payment of debts and the distribution of the remainder to persons named in a will, or to the legal heirs if there is not a will. Losing a loved one is emotionally difficult, and dealing with their estate can be overwhelming. There are many complex procedures in administering the assets of an estate which we can help with.

Real Estate & Land Use

Selling or purchasing residential real estate can be a relatively simple process if you have the assistance of competent counsel. Contracts need to be examined to ensure there are no misrepresentations and mortgage documents checked to ensure accuracy. The sale or purchase of commercial properties can be much more complicated. There may be leases to review, or the terms of the sale that need special attention. Land use can be complicated, but we can help you with develop your land as best possible. This may involve zone changes, permitting and development, or planning

DISCLAIMER: Everything on this website is for informational purposes only, and not meant to provide legal advice. Use of this website does not create an attorney-client relationship between the Law Office of John M. Nygaard LLC and the user. Unsolicited information sent to the Law Office of John M. Nygaard LLC is not subject to any duty of confidentiality

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