I believe the trustee of my mother's trust is committing fraud. I suspect he has fabricated an invoice from an attorneys office, says he retained the attorney for an appeal. ( There was no appeal after probate hearings) there's a check made out to attorney for $4000.00 that looks fake. If... View More 
answered on Apr 23, 2024
You could certainly inform the attorney of your suspicions. However, he will probably not be able to tell you if he has been retained by the Trustee due to attorney/client privilege rules. You can ask the Trustee for a copy of the front and back of the check that has been processed by the bank.... View More
Oregon
answered on Apr 23, 2024
Yes, if all creditors and taxes have been paid in full, it is possible to close a probate and Deed the house to the two beneficiaries. This works fine as long as the beneficiaries get along well. If they do not then it is best to sell the house and divide the sales proceeds.
answered on Apr 23, 2024
A Last Will and Testament only controls assets that need to go through probate after the testator's death. This means that any assets that were given away, sold or that had a joint owner or beneficiary named are not controlled by the Will. If the person signed a Deed that was recorded before... View More
My sister n law and brother could take my mom to her appts.as I work 2 jobs and could not...now my mom passed and they have not showed me the will or financial records.and I have heard from a caretake sister n law took 20k..when my mom was alive..they refuse to share info with me. And will not give... View More
answered on Mar 22, 2024
I'm very sorry for your loss. A Power of Attorney can no longer be used once the Principal (the person who signed it) has died and the Agent (the person named to act in the POA) has been informed of the death. I recommend you make your demand for a copy of the Will in writing and keep a... View More
He is the guardian to his older developmentally delayed, deaf brother. He recently bought his first home. He does not have a large estate. The corporation we work for will not release information to the daughters as one is listed as an emergency contact but none as dependents. The listed dependent... View More
answered on Mar 13, 2024
I am very sorry for your loss. One of your friend's daughters will likely need to be appointed as his Personal Representative to be able to sell his house. If he had named his daughters as beneficiaries on his life insurance they should contact the insurance company and fill out a claim form... View More
answered on Mar 13, 2024
If the Trustee will not respond to you, it would be wise to hire an attorney who can send a demand letter on your behalf. Oregon law requires the Trustee to provide you with annual Trustee Reports (unless you waive them). If you have not been receiving reports from the Trustee there may be a... View More
My partner passed away on July 5th. No will. We lived at his residence which was my home for over 13 years. I went to visit my grandson in Arizona for 6 weeks and when I came back on Jan 30th his 21 year old daughter changed the locks and won’t let me in. I am almost 66 and my whole life... View More
answered on Mar 5, 2024
I'm very sorry for your loss. You can ask the Post Office to forward your mail. You should be allowed to retrieve your personal property from the house. It's possible that you may be owed repayment for the mortgage payments you have made (less the cost of reasonable monthly rent).... View More
I am on Social Security and my mother is also on Social Security. She is in a nursing home and soon I have to go put my name on her account at the bank to take care of her medical bills. I owe collections a great deal of money and I only receive Federal benefits and she only receives federal... View More
answered on Feb 9, 2024
If you are handling your mother's money as her Agent under a Power of Attorney you do not need to add your name to her bank account. Just give them a copy of your mother's Power of Attorney. Your mother's money should not be used to pay any of your creditors.
His landlord has billed his estate for back rent, but there is no estate, and no estate assets. He died in Eugene, Oregon. Thank you.
answered on Jan 23, 2024
I am sorry for your loss. If the amount of the back rent is more than the balance in his bank account there is no real reason to open a probate (or file a Simple Estate Affidavit) because there is nothing to inherit.
If the account is larger than the rent bill and is less than $75,000 you... View More
What can i do as I also was on deed with mom w/right of survivorship and she listed my house as estate property I was owner. Paid taxes insurance everything
answered on Jan 8, 2024
I am sorry for your loss. I strongly recommend you consult with an experienced probate attorney. If your mother's Deed actually includes your name with right of survivorship then the property is probably yours. You can record her Death Certificate to clear the title. A probate attorney... View More
Our mother passed away in Oregon in 2019 and used her power of testamentary in her will to create a new trust for her grandkids from money in her other trusts. It never went through probate as far as I know. Looking online now, it seems to me like maybe it was supposed to go through probate because... View More
answered on Dec 4, 2023
Yes, usually you must probate a Will in order to implement a testamentary trust, however, you bring up several facts that could change this answer (mom's other trusts and the fact that mom died four years ago). I recommend you consult with an experienced probate attorney who can help you sort... View More
Grandpa died with 401k. I hired a probate lawyer. I did not know 401k has a beneficiary. Now the estate has $0, but the probate court believes it's worth $225,000. Everyone rec'd the notice about the worth of the estate. I'm the executor. I can't pay any bills, taxes, lawyer I... View More
answered on Dec 1, 2023
Sometimes it happens that a probate is started but we find out that the assets all have beneficiaries. In that case the probate can be withdrawn. However, it sounds like you have other assets besides the 401(k) to include in the probate. If the car and the manufactured home are in your... View More
answered on Oct 18, 2023
Yes, a devisee in a Will can also be named as the Personal Representative (Oregon's term for Executor). That same person can even be one of the two witnesses to the Will. In general, it is best for an attorney to draft and supervise the signing of the Will so that the attorney could testify... View More
Dad's wife's will leaves everything to my dad but if he's also deceased then her 3 sons each get 25% of the estate. Does his will supersede his wife's or does he have to follow her will?
answered on Oct 17, 2023
The answer to your question depends on how the home in Oregon is titled. If the Deed shows both of their names as "husband and wife" or "tenants by the entirety" then the house belongs to your father and he has full authority to sell it and keep the proceeds. If it... View More
He was paid monthly on a contract with a client that he had negotiated with. When I didn't receive his monthly check, I called and the company told me that they stopped paying him upon his death even though they had received payments from his customer. Are they able to just stop paying upon... View More
answered on Sep 8, 2023
I'm very sorry for your loss. Your instinct to view the contract is a good one. I can't imagine that their "internal decision" will control what happens with the remainder of the contract payments. You may need to file a probate to collect the remainder of the contract. I... View More
The only thing separate is her IRA. We had a will made over 30 years ago.
answered on Aug 29, 2023
I am sorry for your loss. If she had named a beneficiary on her IRA and all of her other accounts were joint with you then you should not need a probate (assuming she didn't own any property in her name alone). Wait a couple of months after her death and then you can present her Death... View More
answered on Aug 22, 2023
No. Not unless the second property's legal description was on the first Deed (which is unusual). Most of the time each property has its own Deed.
She listed my sister as the beneficiary on that account with a pay on death statement. She has had multiple accounts since, re married, and never listed a survivor, or a beneficiary on any of the other accounts. When my mother passed my sister took the old POD from the first account and cleared all... View More
answered on Jul 25, 2023
I am very sorry for your loss. It is possible that the Payable on Death (POD) designation that your mother signed with her bank could have covered all of her accounts with that bank. It just depends on the language in what she signed. There isn't any sort of time limit on a POD designation.... View More
My sister and I live with mom and we are all on disability. I don't know what all we need to do for all of this and we can't afford and attorney. We need property taxes to keep from going into foreclosure. Any help will be appreciated.
answered on Jun 30, 2023
Go to this website and follow the steps to help your mother defer her Oregon property taxes:
https://www.oregon.gov/dor/programs/property/pages/senior-and-disabled-property-tax-deferral-program.aspx
If your mother lives in Multnomah County she may be eligible for free legal... View More
We think the trustee has just taken reserve funds for himself. For example attorney reserve the courts allowed be held. The trustee refuses to send us bank statements for the trust accounts so that we can verify the funds that are supposed to be there are still there. Says he doesn't have to,... View More
answered on Jun 26, 2023
You are correct. The trustee must account for how all of the trust monies are spent. I recommend contacting the trustee's attorney instead of the trustee directly.
You are also correct that it's the Court case that is closed, not the trust. The trust is not terminated until all... View More
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