Any time you have two parties whose rights and interests may diverge, it is recommended to seek separate representation for the two parties. There are certain situations in which a dual representation may be appropriate, such as joint estate planning for a married couple, but even then, informed... View More

Distributions to beneficiaries do not necessarily have to be via check. They could be paid in other forms. However, depending on the estate matter, the individual providing the distribution may require a receipt.

The state only gets involved as a last resort. If there are known family members, they generally have the responsibility to take care of affairs after an individual passes away.

Inheritance priority generally goes to spouses, children, parents and then siblings. Another thing to keep in... View More

There are many issues here and you may be best served by speaking with a qualified attorney. As you stated, a power of attorney only applies during the lifetime of the individual. It ceases effectiveness at death. Additionally, it seems that there may be questions regarding the individual's... View More

An amendment to a trust that follows proper formalities, including reference to original date, is generally enforceable. The inclusion of a notary stamp lends further credence to the enforceability of the amendment. From what you have described, it seems that the debt amendment has been amended... View More

Changes to living trusts are generally notarized, so assuming that you have drafted the amendment/declaration correctly, it should hold up. However, there are other documents that have executors and also power of attorney, and it would be advisable to have it done correctly. You mentioned it was... View More

It sounds like your friend's situation is quite complex. If your friend was previously deemed incapacitated but is now able to inherit from a trust, it suggests that there have been significant legal and perhaps medical changes in her circumstances.

It's good to hear that... View More

The answer to this question is unfortunately not straightforward. It really depends on how your family trust is/will be structured. Furthermore, you may be able to title the property under a family trust and then have a co-trustee assist you with financial and other decision making. Married... View More

It is highly recommended that you have either a will or a living trust in place to transfer assets after passing. A will must be probated through the courts, so a living trust is another option which allows you to bypass probate if set up properly. What documentation you need is highly dependent... View More

Generally speaking, the executor should not be commingling estate funds and personal funds. Sometimes the latter is used for convenience, however best practice is to use the funds available from the estate to pay estate expenses. Regarding getting back into the trust, you should speak to a... View More

Real estate that is held with rights of survivorship normally does not need to pass through the probate process. This can be handled through proper documentation with the county. However, given the complexity, it is advisable for you to speak with an attorney.

You will need to seek the counsel of a litigator who has experience with probate. The distributions in a probate happen near the end of probate proceedings and if there is a conflict or contest with respect to the will, that is where the experience of a litigator will help. The amount of time... View More

Yes it is allowed and this is quite common. For most families, they generally have a trusted individual or family member serve both roles. As the previous attorney mentioned, please ensure that the will is reviewed by an attorney so that it complies with Oregon law. Additionally, an affidavit... View More

I second Theressa's analysis. It really depends on how the property is titled and that information can be found in the deed recorded with the county.

I will also add that the ownership in the deed supersedes anything listed in the will. As such, if the property is in fact listed as... View More

From the fact pattern that you have described, it does appear that you are entitled to a portion of the estate. If your sister distributes the entire estate to herself, she will be violating intestacy laws and her responsibilities as personal representative if she has been so named. However,... View More

The answer to the question of whether or not your wife's estate needs to go through probate depends on which assets she left behind. If the only assets that she left behind are the joint bank accounts and an IRA, then you may not need to go through probate. This is if the bank accounts list... View More

Generally speaking, it does not. The deed for real property generally takes preference over any estate planning document in place, such as a will or a trust. For the property which had a joint tenancy, both of the individuals listed would be co-owners. However, if another property had just one... View More

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

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

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