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Questions Answered by Michael P Vanderhoff
1 Answer | Asked in Probate for Oregon on
Q: Can the family of an probate estate only hire one probate lawer and does he only represent the executor only?
Michael P Vanderhoff
Michael P Vanderhoff answered on Apr 24, 2019

Yes, many probates in Oregon are completed with only one attorney representing the executor (Personal Representative or "PR" in Oregon) and assisting the PR through the probate process. Many times the family is involved in hiring the attorney and the attorney will communicate with the family... Read more »

1 Answer | Asked in Estate Planning for Oregon on
Q: In my will am I allowed to request for my body to not be viewed? Then cremated and disposed of without anyone getting it
Michael P Vanderhoff
Michael P Vanderhoff answered on Jul 20, 2018

Yes. Under Oregon law any person of sound mind who is age 18 or older may direct the disposition of his or her own remains, either by completion of a signed instrument or by prearrangement with any licensed funeral service practitioner. ORS 97.130(1). Putting these instructions in your Will is... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Oregon on
Q: Would I inherit my husband's rental properties (purchased via 1031 exchange after we married) if he expires?

After a divorce 5 years ago, Richard updated his Will, leaving everything to his adult children. We married 3 years ago, and he hasn't updated his Will or added my name to the two duplex rental property titles (except as 1% owner at time of purchase of the building which he/we bought with $40K of... Read more »

Michael P Vanderhoff
Michael P Vanderhoff answered on Jul 20, 2018

Both you and your husband should have updated your Wills after getting married. Real property doesn't automatically pass to another unless it is titled correctly to do so ("right of survivorship", "tenants by the entirety", Transfer on Death Deed, etc.). If you are left out of your spouses Will,... Read more »

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