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.
I really don't know where to begin, there is too much to type. My mother passed away a little over 2 years ago. I was told her and her husband had a will then they said they didn't and then they did again. My mother had 4 children and her husband has 3. They have not been around but maybe... View More
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
The heirs are just us two daughters. I found out my younger sister has been stealing assets and has liquidated 3 bank accounts and has every intention of selling everything and keeping all of the money and not probating the estate that includes 2 homes and collectibles and cash. How do I stop her... 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
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
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.
Our mother passed away in Oregon in 2019 and used her power of testamentary in her will to create a new trust for her grandkids from money in her other trusts. It never went through probate as far as I know. Looking online now, it seems to me like maybe it was supposed to go through probate because... View More
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
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