If the Trustee prefers that you sign the document and mail it to her then there's no reason not to do that. Estate planning and probate documents are not generally signed using an electronic signature.
He had a life insurance policy, a savings account and checking. She is on checking account. She was not on savings and beneficiary of insurance is deceased for 20 years our mother. Can't get a lawyer to return call. How can she do this. Avoid probate. I have called 7 lawyers no one returns call.
I'm very sorry for your loss. It's possible that your sister is keeping everything because she was a joint owner or payable-on-death beneficiary on your father's bank accounts. It's also possible that your father changed his life insurance beneficiary before his death and could...Read more »
Hello, my good friend of mine recently passed away. She had an will (notarized) saying that I was sole beneficiary to her whole estate no one else. She had no living relatives or family members. I was reading the paper work for the small estate affidavit saying that no convicted felon can file. I... Read more »
If you are a convicted felon Oregon law does not allow you to file a Small Estate Affidavit. I recommend that you have someone else file it. Possible options are someone who is named as the alternate Personal Representative, an intestate heir (immediate family to the decedent) or a creditor...Read more »
I was given power of attorney y my ex-boyfriend. I took possession of 3 storage units and paid $1400 to save them from being auctioned. Now he wants to revoke the power of attorney and keep me from accessing the units. Is this legal?
When a person signs a Power of Attorney they can revoke that document at any time. A Power of Attorney gives the Agent named in the document the ability to help the Principal (the person who signed the POA) with their finances.
In your case the question is did your ex-boyfriend actually...Read more »
The price for a Will varies depending on many factors. My law firm usually includes at least one Power of Attorney and an Advance Directive for medical decisions. The range at my firm is for a simple Will package is generally $1,500 - $2,500.
Sam Friedenberg is an attorney with Nay &...Read more »
In Oregon filing a Small Estate Affidavit does NOT get you Letters Testamentary (called Letters of Administration for estates without Wills). However, you can use a court-certified copy of your Small Estate Affidavit to manage the assets listed in the Affidavit. If you need further assistance I...Read more »
The assets in your mother's estate should be used to pay her bills. You may need to file a probate or small estate with the Court. There's a good chance that your father is now the sole owner on the house so he likely owes the mortgage. However, he might not have to pay your...Read more »
I'm very sorry for your loss. I recommend you schedule a phone or Zoom conference with an experienced probate attorney. The attorney can help you either file a full probate, a small or estate or possibly even avoid the probate process (there is a non-probate way to transfer mobile homes).
In Oregon you’ll benefit from hiring an experienced probate attorney to help you file a petition for probate with the court. There are numerous rules and deadlines that you must follow as Personal Representative and your attorney will assist you with this. The fees for your attorney will most...Read more »
She was moved removed from power of the estate but the new estate attorney wouldn't let me do anything either I've tried to hire an attorney I'm pretty sure I may have one I'm not sure all I know is I've been homeless for 3 years now thanks to my aunt for taking our home... Read more »
I'm sorry to hear of the situation you are in. You will need to hire a probate attorney to evaluate the situation and give you legal advice. If you cannot afford to pay an attorney I recommend you contact the Legal Aid Office in your county:
She lives in a nursing home has Medicare and Medicade but no other assets. I would have a difficult time covering her final expenses I want to purchase life insurance to help cover her final expenses. I have heard about filial responsibility laws and am concerned about this.
Most likely you either will not be able to find an insurance company that would insure your mother and/or the cost of the policy will be VERY expensive. Even though Oregon has a law that says, "Parents are bound to maintain their children who are poor and unable to work to maintain...Read more »
My daughter has my mother change her will and put her in charge. Daughter has kept all the assets and ignored the will. My mom had the will made in California where she lived . Before her death she moved to Texas with my daughter where she passed. Which state would I file the hearing in? My mother... Read more »
If your mother lived in Texas at her death I recommend you start with a Texas attorney. It's possible that the Texas State Bar Association has a lawyer referral number. It's also possible that Legal Aid in Texas could point you in the right direction.
I recommend you locate an experienced estate planning attorney in California. Your Trust is still valid even if you change states but your CA attorney may wish to make some changes to reference CA law. Also, different states have different estate and inheritance tax laws so your new attorney will...Read more »
She was on SSI and medicaid. She has 3 sons that I believe are homeless with no money and her marriage went through dissolution but failed to finalize in the 80's. Estranged husband also homeless with no funds. I don't have the money for standard probate. I am not an heir obviously.... Read more »
I am sorry for your loss. It sounds to me like you would be best off if you handed this situation to the State of Oregon Estate Administration Unit (EAU). Because your sister was receiving Medicaid there is a good chance that all of the assets she owned at her death will go back to the State of...Read more »
To answer your question more information would be needed. For example, the executor (called Personal Representative in Oregon) could have received money because he/she was named as beneficiary on the asset (an IRA or life insurance, for example). In that case the PR would not be required to...Read more »
If your mother qualifies for Medicaid then this program will be paying for your mother's care facility and prescriptions. In general, the family of a person are not legally responsible to pay that person's bills unless the family member signed a contract with the facility, for example....Read more »
Probate in Nevada. My dad died in 2006. The deed for their property has joint tenancy with survivorship. My mom died last month. My mom never took my dad off the deed so do I now have to do a probate for him as well? I am planning on doing a set aside without administration because the total... Read more »
Your question is in the category of Probate for the state of Oregon. If the property is in Oregon then here is my answer: Assuming your parents had survivorship on their Deed then all you have to do is record your dad's Death Certificate with the County and the title is clear (meaning that...Read more »
You should be able to obtain information from the Personal Representative's attorney. He will charge the estate for speaking with you. However, he will not be able to give you legal advice. If you need legal advice you should find your own attorney.
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