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Questions Answered by Theressa Hollis
2 Answers | Asked in Probate for Oregon on
Q: My aunt was the personal representative and the court removed her as the person pr. Is she entitled to the full pr fee?

After she was removed as p.r. the court appointed a lawyer. The lawyer decided to take the alternative fee which is his hourly rate. My question is my au t after being removed entitled to the full p.r of 21k. She already recieved through the court 6k for her work.

Theressa Hollis
Theressa Hollis answered on Sep 10, 2019

Most likely your Aunt will not receive the full PR fee considering she was removed by the Court. You say she has already received $6,000 for her work but that would be very unusual for a Personal Representative to receive any of the PR fee before the estate has closed. I recommend you hire a... Read more »

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3 Answers | Asked in Estate Planning and Probate for Oregon on
Q: A court appointment PR is only handling bank funds, and making the family divide personal property, says he'll sell...?

We were issued an outside PR because we could not agree. But our PR is only handling the actual $ he says personal property, computers, rolex's, etc are for us to divide and figure out. IF we cannot deal with personal property between us, he says he will sell everything at an estate sale and give... Read more »

Theressa Hollis
Theressa Hollis answered on Sep 5, 2019

If you and your family cannot agree on the division of the decedent's tangible personal property then the Personal Representative will likely sell it and divide the cash. You should send any mail your father has received to the Personal Representative. You do not have to wait for him to ask for... Read more »

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2 Answers | Asked in Probate for Oregon on
Q: Can executor kick me out of home when my boyfriend is beneficiary?

My boyfriends brother is the executor and we dont get along and me and my boyfriend the beneficiary have been living in this home for 9 years together. Can his brother kick me out while it's in probate

Theressa Hollis
Theressa Hollis answered on Aug 20, 2019

I recommend your boyfriend consider consulting with a probate attorney to learn his rights. It's possible that he will need to vacate the home so that it can be sold. However, it is also possible that his attorney can help negotiate a settlement to allow you and your boyfriend to continue living... Read more »

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3 Answers | Asked in Probate for Oregon on
Q: Wealthy Dad died, no will. wife got all, but gave my siblings money promised,not me. I was estranged, arent i due $

We were all always promised 60,000 after dad dies. I didnt see my dad for years over a dirty family secret . but i kept the family secret and didnt go to the police so i could get my money. All my sisters got theirs, not me though. My agreemant was verbal with dad, but so was the inheritance. They... Read more »

Theressa Hollis
Theressa Hollis answered on Aug 9, 2019

It's possible that your father signed a Will or Trust before his death. If not then the intestate law of the state he lived in will control how his estate is distributed. If your father's wife was not also your mother then his probate assets will be divided between his wife and his children. You... Read more »

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1 Answer | Asked in Estate Planning for Oregon on
Q: How do I legally inherit firearms from my grandpa in Oregon? Guns are not subject to NFA. Basic hunting rifles, handgun

I am legally able to own firearms and have several myself that I purchased and went through a background check

Theressa Hollis
Theressa Hollis answered on Aug 7, 2019

If your grandfather has passed away a probate or at least a small estate affidavit might be necessary for his estate. I recommend that the person named in his Will as Personal Representative contact a probate attorney. If he did not have a Will then his spouse or his children should contact a... Read more »

1 Answer | Asked in Probate for Oregon on
Q: can a probate court allow the sale of someones life estate to satisfy medicaid lien ?

i am a life tenant for the ebbert moor estate and now the attorney for estate or personal representive and also the conservitor for surviving spouse is allowed to start the sell of my life estate. she thinks shes just has to give me money to relocate, not that she has to buy me out of my life... Read more »

Theressa Hollis
Theressa Hollis answered on Aug 6, 2019

I strongly encourage you to NOT include personal details or identifying facts on any website. Your specific situation is quite complex and you will benefit from hiring an experienced local probate attorney for legal advice. It is possible that your life estate could be saved but more information... Read more »

1 Answer | Asked in Estate Planning for Oregon on
Q: Mom died 4 children as equal beneficiaries. One son executor. Do the others children have legal access to attorney.

We feel he spent a lot of her money. He wouldn't give us bank statements. Can we legally get the information from the attorney the executor hired? The executor controls the bank acct. He moved money and spent money after her death. Not on bills.

Theressa Hollis
Theressa Hollis answered on Jul 23, 2019

In Oregon it's the Personal Representative (Executor in other states) who hires the attorney. That attorney is only able to give legal advice to the PR. Keep in mind that the PR has no authority until he/she is appointed by the Probate Court. If you have questions about the actions of the PR I... Read more »

2 Answers | Asked in Estate Planning for Oregon on
Q: If my father passed away in Oregon, do I have to use a lawyer in that state?

I am working with an attorney in Oregon who is making things very difficult. My dad died with a will, this attorney is making me call her before I write a check to pay any bill. Also wants her office address on the checks and bank account so that all statements go to her. Just seems like a lot of... Read more »

Theressa Hollis
Theressa Hollis answered on Jul 18, 2019

I'm sorry for your loss. It sounds like your father's probate is in Oregon so you need to have an attorney who is licensed in Oregon. However, you get to choose who you hire. If you and your current attorney are not working well together then you have every right to choose someone else to... Read more »

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2 Answers | Asked in Estate Planning for Oregon on
Q: Do you have a template to create a WILL and POAs for the State of Oregon?

I am returning to the US from Vancouver, British Columbia. We had wills and POAs created in Canada, but need to create new ones now that we are back in the states.

Many Thanks,

Theressa Hollis
Theressa Hollis answered on Jul 9, 2019

No, Oregon does not have a standard form for Wills or Powers of Attorney. I recommend you review your current estate plan with an experienced Oregon attorney who will help you determine if you need to make any updated.

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2 Answers | Asked in Probate for Oregon on
Q: My brother died and left a will giving all to his son and daughter with me as executor. The main value of the estate

is with a commercial property owned equally by him and me. His kids will get his half. The property was valued at $1.2 million in 2015. Do I need to file probate in Oregon? There will be no disputes or contested issues.

*Update*

Thank you for the two answers--we do have the... Read more »

Theressa Hollis
Theressa Hollis answered on Jun 28, 2019

I'm sorry for your loss. It sounds like you likely need a probate assuming the Deed to the property does not include survivorship. Your brother's Will doesn't actually transfer anything, it is just instructions for the probate Court. You will need to be appointed by the Court as the Personal... Read more »

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2 Answers | Asked in Estate Planning for Oregon on
Q: My uncle has property in Oregon it will be mine after his death but he hasn’t put it in the trust...he hates dealing

things about the trust he has just told me where the property is...he has no children will there be a problem when the time comes?

Theressa Hollis
Theressa Hollis answered on Jun 14, 2019

Your Uncle should consider speaking to an estate planning attorney about signing a Will. It is easier and less expensive than a Trust (although it will require a probate at his death). One alternative the attorney will discuss with your Uncle is a Payable on Death Deed. This may be a viable... Read more »

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2 Answers | Asked in Probate for Oregon on
Q: A Dad had a lawyer draw up a will and signed the house deed over to his only daughter before passing. Is probate needed

Daughter is only living relative and sole successor listed on will/deed. There is a mortgage on the home/land.

Theressa Hollis
Theressa Hollis answered on Jun 13, 2019

Whether or not probate is needed will depend on the assets left in Dad's name at his death. If he really deeded his real property to his daughter then that asset should not need a probate. However, there could be other assets in his name that do not have joint owners or beneficiaries named.... Read more »

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2 Answers | Asked in Probate for Oregon on
Q: In Oregon, when a person dies without a will and without real property but is married, is probate required?

The estate’s value is less than $50,000.

Theressa Hollis
Theressa Hollis answered on Jun 10, 2019

The answer to your question depends on how the $50,000 is being held. For example, if it is in a bank account with no other owners or beneficiaries named then you will need to file a Small Estate Affidavit. Is there a vehicle or mobile home? Is there a safe deposit box? It is possible to use a... Read more »

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2 Answers | Asked in Estate Planning for Oregon on
Q: I was given property damage check from home owner insurance and it’s wrote to the estate of my father,

I have filed Small estate affidavit and am personal rep. in lane county,Oregon , and I can’t get banks to deposit the check for me. I know that court will not provide letter of appointment or Administration or executorship or Authority or Domiciliary or an order Probating will and Appointing... Read more »

Theressa Hollis
Theressa Hollis answered on Jun 6, 2019

I'm very sorry for your loss. I agree with Ms. Reisman's response. I recommend you try opening the account at a Credit Union - sometimes they can be easier to deal with. Also, I recommend you consider getting legal advice from a local attorney. That attorney can help you determine if any tax... Read more »

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1 Answer | Asked in Probate for Oregon on
Q: My wife's father bought 2 small lots (with nothing on them) with his girlfriend (at that time) in 2015

with no Right Of Survivorship. They since broke up, & then he passed away in April, 2018 with no will or trust. My wife & her brothers stumbled upon the original deed & are wanting to get his half out of probate & in my wife's name. He lived in Arizona at the time he bought them & also when he... Read more »

Theressa Hollis
Theressa Hollis answered on Jun 3, 2019

Your father-in-law's estate is not in probate until someone files legal documents with the Court. I am assuming the two lots were in Oregon. If you are correct and the Deeds do not include survivorship you need to hire an Oregon attorney to file either a full probate or a Small Estate Affidavit... Read more »

2 Answers | Asked in Estate Planning for Oregon on
Q: My grandpa just died in Oregon on May 22, 2019. He has no will, no estate, and no assets. What steps need to be taken?

Is probate still required to finalize his death and get the Social security death benefit? Even though he has no estate, and no assets? What exactly are the steps that have to be taken besides paying for his cremation, which is already done.

Theressa Hollis
Theressa Hollis answered on Jun 3, 2019

Please accept my condolences on the death of your grandfather. Whether or not a probate is required will depend on what he owned at his death. If his name did not appear on any assets then no probate is required.

Regarding the Social Security death benefit: A one-time death benefit of...
Read more »

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1 Answer | Asked in Probate for Oregon on
Q: I was sued in a probate case where I proved it was a case of complete diversity,the law was ignored I was robbed
Theressa Hollis
Theressa Hollis answered on May 2, 2019

I'm sorry, I don't think you have asked a question. Please rephrase.

1 Answer | Asked in Probate for Oregon on
Q: If given a signed vehicle title before someone dies do you have to give it to probate after they die?
Theressa Hollis
Theressa Hollis answered on May 2, 2019

More information is needed to answer your question. Did the owner of the vehicle sell or give the vehicle to you? If so then the vehicle is not included in the probate.

3 Answers | Asked in Probate for Oregon on
Q: G-parents died in 1976 with no wills, no probate was done. OR has unclaimed money (life ins policy). How can I claim?

Grandmother died 9/4/76, Grandfather died 9/20/76, 1 surviving son, whereabouts unknown, 1 deceased son, 1 granddaughter (me), 1 grandson, whereabouts unknown. Grandmother was beneficiary on life insurance policy, no secondary listed. No claim has been filed by creditor's for the unclaimed money,... Read more »

Theressa Hollis
Theressa Hollis answered on May 2, 2019

If no contingent beneficiary was named then the money will be paid out based on the language of the life insurance contract (likely either to your Grandfather's estate or to his children). If the contract said to his estate then your Grandfather's Will controls who receives the asset after a Small... Read more »

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