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Oregon Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Is the trustee obligated to account to beneficiaries for funds held in reserve?

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

Theressa Hollis
Theressa Hollis
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...
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1 Answer | Asked in Bankruptcy, Estate Planning, Real Estate Law and Tax Law for Oregon on
Q: What is the law around amending revocable trust, adding child to house title or deed?

He wants to add me to the house title or deed and give it to me through a trust. He owes @$20,000 in property taxes and $60,000 on the mortgage. I believe he has a revocable trust now that needs only to be amended. However, we are unsure about possible issues that may arise due to the deferred... View More

Theressa Hollis
Theressa Hollis
answered on Jun 20, 2023

I recommend that your father return to his estate planning attorney to discuss the pros and cons of adding someone to the title of his house. With few exceptions, at his death the mortgage will very likely need to be paid off and the property taxes will need to be paid. If the mortgage company... View More

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Need attorney for two llc, in OR and CA setting trust to avoid probateDo I need attorney licensed in both state?

Currently one sole llc operated in Portland Or

Another LLC operated in LB Ca as Oregon based foreign status

Need set up trust to own both.

Need to change LB CA from OR foreign Llc operations in CA to CA Llc

To avoid probate

Do I need an attorney licensed for... View More

Karn Thapar
Karn Thapar
answered on Apr 24, 2023

If you are residing in California, then you should be fine with just a California licensed attorney. Each of the membership interests of your LLCs will be assets that will be held in the name of your trust. Although it may be preferable to find an attorney licensed in both states in case novel... View More

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Is it legal for a conservator to have there name added to the conservatees bank account and upon conservatees death the

There was ,$90000.00 in my mother's bank account when she died but my sister the conservator had her name added to my mom's account and upon her death it was reported that that money doesn't belong to the estate it belongs to my sister how is that possible

Theressa Hollis
Theressa Hollis
answered on Apr 17, 2023

Having your name on someone's bank account as their Conservator does not give the money in that account to the Conservator at the person's death. Is it possible that your mother named your sister as "Payable On Death" on that account before she became financially incapable... View More

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Can I filed a small estate affidavit as an heir if I am not inheriting anything listed within the affidavit?

My mother passed away without a will and has a couple things that did not have a beneficiary listed (some stocks and an IRA). She was married to my father so he is the one who will receive those items. I want to file a small estate affidavit but am unsure if I can since I will not be benefitting... View More

Theressa Hollis
Theressa Hollis
answered on Mar 28, 2023

In an intestate estate (when someone dies without a Will) the people who can file the small estate affidavit are the heirs (your father, in this case) and any creditor. This means that if you pay one of your mother's bills or pay for her burial/cremation, for example, you will become a... View More

1 Answer | Asked in Estate Planning, Elder Law and Public Benefits for Oregon on
Q: How does my mother protect her home from being taken by the state if she is placed in an extended care facility.

Her home is paid off and one adult child lives with her.

Theressa Hollis
Theressa Hollis
answered on Mar 20, 2023

The state does not take anyone's home. However, if someone who lives in Oregon receives Medicaid to pay for their long-term care then their estate must repay the State after their death when possible (estate recovery). Since your mother has an adult child who lives with her it is possible... View More

1 Answer | Asked in Estate Planning, Health Care Law and Family Law for Oregon on
Q: Can a nurse practitioner declare a person incompetent or only an MD. State of Oregon.
Theressa Hollis
Theressa Hollis
answered on Mar 13, 2023

For purposes of the Oregon Advance Directive a health care provider determines when the person who signed the form is incapable. “Health care provider” means a person licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary... View More

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: I'm an only child, but dad claims no descendants in his will and he sadly passed away. Do I have any rights?

Unfortunately, my dad and I have been estranged for years. He was 80 years old when he created his will, and he stated he was not married (true) and had no children (false). He has since passed and left his entire estate to a charity. In his will, he did not specifically disinherit me, mention my... View More

Theressa Hollis
Theressa Hollis
answered on Mar 8, 2023

Yes, you have the right to contest your father's Will. I recommend you contact the attorney who is representing the Personal Representative and let them know that you are your father's child. Be prepared to prove this fact with a birth certificate, genealogy information, old... View More

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: What happens when you have lived with your mother in her home for over 16 years during you have helped pay for

The home remodeling.just in the last few years my mother had moved out the home to stay with my only brother ln his house then she passes and no will witch it was decided verbally that he would get money that she left and I get the home then he passed away and now my nephew is filling for executive... View More

Theressa Hollis
Theressa Hollis
answered on Feb 1, 2023

I am sorry for your loss. In Oregon when someone dies without a Will their intestate heirs have priority to be appointed as their Personal Representative (Executor). Your nephew would likely not have priority so if you wish to be in charge of your mother's probate I recommend you hire an... View More

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: How do we go about locating an estate attorney for a recently deceased family member, when you cannot locate a will?
Theressa Hollis
Theressa Hollis
answered on Jan 3, 2023

Any experienced probate attorney should be able to help you. You will need an attorney licensed in the state where your family member died and/or owned property. If you don't have a Will then usually the closest family member can handle the estate.

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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: How do we go about locating an estate attorney for a recently deceased family member, when you cannot locate a will?
Karn Thapar
Karn Thapar
answered on Dec 28, 2022

Hello, any attorney should be able to assist you with this matter. Many times individuals pass without a will, in which case an experienced probate attorney can assist you with the process. Probate is the court process whereby the family member's assets pass to the family. Please feel free... View More

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2 Answers | Asked in Estate Planning for Oregon on
Q: How do I add my daughters name to the deed to my home?
Karn Thapar
Karn Thapar
answered on Dec 8, 2022

Your daughter's name can be added by filing a deed with the county clerk in the county in which the home is located. Please note that there are very specific requirements for filing this deed otherwise it may not take effect. Another option is to use the services of an online deed... View More

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2 Answers | Asked in Estate Planning for Oregon on
Q: How do I add my daughters name to the deed to my home?
Theressa Hollis
Theressa Hollis
answered on Nov 28, 2022

It is possible to simply sign a Deed adding your daughters' names to your home. However, in general this is not the best way to accomplish your estate planning. For example, once you add your daughters' names they are now owners of the property along with you. This means that you have... View More

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1 Answer | Asked in Probate and Estate Planning for Oregon on
Q: in oregon are you required to file probate with court if you don't need it to help you disburse, only household stuff ?
Theressa Hollis
Theressa Hollis
answered on Oct 28, 2022

Probate filings with the Court are usually for more than just household items. If there is no disagreement among the immediate family members (or the people named in the Will to receive the items) then no probate is required.

1 Answer | Asked in Estate Planning for Oregon on
Q: Can a durable POA still be used after the person has passed,when it was for payrolls and health?

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

Theressa Hollis
Theressa Hollis
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

1 Answer | Asked in Estate Planning and Elder Law for Oregon on
Q: I receive SS, SSI, Medicare, Medicaid, section 8 housing and snap. Settlement money is coming,

Will puting the money into a first person special needs trust keep me from losing my government benefits? I'm being told yes I'm being told no and I don't know what to think but I'm running out of time. Any assistance is greatly appreciated.

Theressa Hollis
Theressa Hollis
answered on Mar 4, 2024

A Special Needs Trust might be helpful in your circumstance but you have to be very careful when it comes to the rules pertaining to Section 8 housing. I understand that some rules just changed Jan. 1st. I recommend you consult with an experienced attorney.

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Can a trustee/ beneficiary live on the property that is to be sold and divided? For almost two years? Not even for sale

They were initially planning to buy out the other beneficiaries and build on the property for themselves. But they didn’t, still live there and haven’t placed the 30 acres and house for sale two years after the trust has come to complete maturity. So they just have the property, do whatever... View More

Theressa Hollis
Theressa Hollis
answered on Jan 8, 2024

If you are a beneficiary of this Trust and are supposed to receive a portion of this property I recommend you hire an attorney to assist you.

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1 Answer | Asked in Estate Planning for Oregon on
Q: Stepfather with living trust in my home. He passed and new wife is still living. Do I need to give 30 days notice?

What are my rights to the home after the 30 days? All of his estate goes to her, do I have to allow them more time past 30 days to settle his estate and to move their things? She is incapacitated so the family is working on getting governorship, etc. I'm guessing this could take longer than 30... View More

Theressa Hollis
Theressa Hollis
answered on Nov 29, 2023

I think you need to consult with a landlord/tenant attorney to answer your questions. If it is necessary to get Guardianship over your stepfather's wife then it's possible that process could take more than 30 days.

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: What can I file if my deceased significant others personal representative won't acknowledge his will and omitted it.

The personal representative filed small estate with out including the will, is with holding my inheritance and won't communicate with me or release property left to me.

Theressa Hollis
Theressa Hollis
answered on Aug 7, 2023

You should be able to file the Will with an Amended Small Estate Affidavit. I recommend you hire a probate attorney to assist you with this.

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: I am fighting cancer and my brother filed an affidavit 7 months ago for my moms estate and never disclosed me as an heir

He has been telling me her estate is not settled but I had an investigator find the affadavit where he didn't disclose me as an heir. He has been lying to me and took everything. I am going to hospice and have large medical bills I told him I needed help How do I get my portion of my... View More

Theressa Hollis
Theressa Hollis
answered on Jul 7, 2023

I'm sorry to hear you are having to deal with so much. Is it possible that your mother had signed a Will? Even if the answer is "Yes" you should have been included on the Small Estate Affidavit and received a copy of it in the mail from your brother. I recommend you hire a probate... View More

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