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

I agree with what my colleagues have said. There is quite a bit to unfold here and it is recommended that you begin by speaking with an Elder Law attorney. There may be potential abuses here and this may require court action. Furthermore, the power of attorney can always be revoked by your... View More

As stated by the other attorneys, it depends on quite a few factors. The main crux is who is entitled to ownership of the property. The bank wants to make sure they continue to receive payment on the mortgage even if the mortgagor has passed away.

I agree with Theressa and would like to add that as a trustee, they are under a fiduciary obligation to do what is best for all beneficiaries (not just themselves). The facts suggest this may be otherwise. You would be best advised to speak with an attorney regarding this.

I agree with Theressa as well. Testamentary powers are generally given to an executor or personal representative of an estate, but only once a probate has begun. You should speak with an attorney to get it sorted out so that the assets can pass to the intended beneficiaries without legal issue.

It appears that your son's estate would be subject to a small estate probate, which is a short and streamlined version of the full probate process. This applies to estates with less than $200,000 of real property and $75,000 of personal property. You can file a small estate affidavit to... View More