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

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.

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