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 »
answered on Dec 7, 2021
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?
answered on Dec 3, 2021
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 »
Is Samual Friedenberg no longer taking clients?
answered on Nov 29, 2021
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 »
If I do how do I do that
answered on Nov 29, 2021
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 »
They also had a mortgage together no saved money separate and joint bank accounts. No living will and no will in general.
answered on Nov 12, 2021
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 »
With her bank account and her home bills? I was not her beneficiary for her life insurance. My niece is. I have no idea what to next. She had preplanning funeral pd, I'm lost.
answered on Nov 2, 2021
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).
answered on Nov 2, 2021
Yes, Oregon has legal aid: https://lasoregon.org/ However, if you have a probate to file in Oregon attorneys usually get paid after court approval through the probate assets.
answered on Oct 14, 2021
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 »
answered on Oct 12, 2021
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:
https://lasoregon.org/locations/
I... Read more »
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.
answered on Sep 7, 2021
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 »
answered on Aug 27, 2021
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.
Should I go to Oregon lawyer or California attorney?
I also have 2 Oregon ll s.
answered on Aug 25, 2021
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 »
answered on Aug 20, 2021
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 »
answered on Aug 10, 2021
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 »
....HOSPITAL AWAITING PLACEMENT IN AN ASSISTED LIVING FACILITY . MEDICAID PAPERS HAVE BEEN FILED . AM I, AS A SON LEGALLY REQUIRED TO FOOT THE BILL FOR MY MOTHER'S EXTENDED CARE ?
answered on Aug 9, 2021
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 »
answered on Jul 14, 2021
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 »
answered on Jul 13, 2021
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.
There was another witness present who was said to inherit almost everything according to the will, but that person did not sign. The only signatures on the paper is the testator and notary.
answered on Jul 13, 2021
A valid Will in Oregon must be signed by two witnesses. However, Oregon has a law that may allow this writing to be probated to control the estate if the person intended the writing to be his/her Will. I recommend you consult with a probate attorney for assistance.
My Grandmother's Mother passed left, which left my grand mother land and mineral. My grandmother passed which My mother then inherited some land and minerals. My mother's brothers and sister decide not to let her children know they inherited land and minerals so the kids never got any... Read more »
answered on Jul 7, 2021
It sounds like you have a complicated question with several moving parts. I recommend you bring in all the information you have and meet with an experienced probate attorney who can let you know your rights in this situation.
All paperwork frm doctor and postmaster have been forwarded and HOA refusing to install when other members elderly members in community have mailbox at their home as opposed to community mailbox. Subject is 84 yrs and cannot walk without sever pain and assistance. This has been ongoing for 2 years.... Read more »
answered on Jun 27, 2021
I recommend you have the senior contact Bend Legal Aid for assistance: (541) 385-6950
Likely the senior will need to install the mailbox or mail slot at their home and inform the Postal Service.
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