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Questions Answered by Theressa Hollis
1 Answer | Asked in Elder Law for Oregon on
Q: The state has just been awarded complete control of a lady I care for. What does that mean for me?
Theressa Hollis
Theressa Hollis answered on May 15, 2021

It sounds like the person you care for has either been civilly committed or the court has appointed a Guardian or Conservator for her. If she has been civilly committed then the state of Oregon will be responsible for determining where she lives and coordinating her care. If she has a guardian then... Read more »

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My farther passed away with no will I have two siblings that are his wife's and I have a different mom Oregon law

States if we all have the some parents she gets all because I have a different mom she gets half and I get the other half is this right

Theressa Hollis
Theressa Hollis answered on May 4, 2021

First, it is important to pay attention to where your father resided at his death and to confirm that he definitely did not sign a Will (even if it was many years ago). If he was an Oregon resident and died intestate (with no Will) then 1/2 of his probate estate will go to his surviving spouse and... Read more »

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2 Answers | Asked in Estate Planning for Oregon on
Q: Can you pay a nursing home from a irrevocable trust?

My husband and I are in our 60's and in good health, but looking towards our next chapter, we don't have many assets, just a home and car, but want to have our ducks in a row in case of disease, or dementia. I don't want our children to be burdened with any long term care in the... Read more »

Theressa Hollis
Theressa Hollis answered on Apr 30, 2021

I strongly recommend you meet with an experienced estate planning attorney. It appears to me that the type of Trust you are describing is a Revocable Living Trust (not Irrevocable). Sometimes people use an Irrevocable Trust to give their assets away so they can qualify for Medicaid right away.... Read more »

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1 Answer | Asked in Estate Planning for Oregon on
Q: Hello :-) My mom received a $30k cashiers check sent from her brother (executor of trust) from the sale of their

deceased parents home back in Sept 2019 while living in a care home. I wasn't aware of this check until recently. My mom just passed away a few weeks ago and I just found out that the check hasn't been cashed or found. Her brother, my uncle, said that his attorney said the check has to... Read more »

Theressa Hollis
Theressa Hollis answered on Apr 28, 2021

I recommend you have a probate attorney review this for you. Your attorney will need to see your grandparents' Trust. Very likely since your mother survived her parents but never cashed the distribution check her estate should now get the check (or a new one re-issued by the Trustee). Your... Read more »

1 Answer | Asked in Estate Planning for Oregon on
Q: If you are living in a cohabitation relationship in oregon, can your partner benefit upon the death of the other

If not in the will?

Theressa Hollis
Theressa Hollis answered on Apr 23, 2021

Oregon does not recognize common law marriage. If you are not legally married or registered domestic partners then you must be included in the Will to receive anything with some exceptions:

You are a co-owner or payable-on-death/transfer-on-death beneficiary (for example, on a...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What's my legal rights in Josephine county Oregon when my landlord sells my house out if spite during pandemic

My mom and I have been renting this house sense June 2020. She died on Febuary 18th, 2021 after finding out 3 weeks prior she had cancer. I notified my landlord right away After her death that I lost her income and got on the waiting list for rent assistance and will not have March 2021 rent. He... Read more »

Theressa Hollis
Theressa Hollis answered on Apr 2, 2021

I recommend you re-post your question in the Landlord Tenant topic. This does not appear to be an estate planning issue. You could also call the Oregon Law Center to see if they can help you: https://oregonlawcenter.org/

Good luck!

1 Answer | Asked in Collections and Probate for Oregon on
Q: Who takes possession of a deceased's unregistered car with no probate, no heirs, and lots of debt?

My estranged father passed away with no will and no other heirs. He had a mountain of debt, and his only possession of value is a vehicle which he recently purchased but had not yet registered. I want no part of the probate process. I'm assuming the vehicle then belongs to the state, who has... Read more »

Theressa Hollis
Theressa Hollis answered on Mar 29, 2021

If you were not adopted by another family then you might be your father's only heir. However, that does not mean that you are required to handle his estate. If the car was never registered in your father's name then it should still be in the seller's name. I would contact one of... Read more »

2 Answers | Asked in Estate Planning, Collections and Probate for Oregon on
Q: Mother in-law deceased 4.18.2020. All known debts paid. 8 months after Medicare trying to collect debt.can they?
Theressa Hollis
Theressa Hollis answered on Mar 17, 2021

It's likely that you have been contacted by Medicaid (not Medicare) because your mother-in-law was receiving public benefits to pay for her long-term care. I recommend you schedule an appointment with an experienced probate attorney to review the claim and advise you.

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1 Answer | Asked in Estate Planning for Oregon on
Q: Death benefit was sent under different contract numbers months apart is that legal.?

I received death benefit claim packet from accordia and athene under two different contract numbers not specifying that they were Ira accounts. Then a couple months later I received two more still not specifying they were Ira accounts. Then come to find out after the third that it was all one... Read more »

Theressa Hollis
Theressa Hollis answered on Mar 8, 2021

Athene Annuity sold most of its life insurance business to Accordia in 2013 but continued to administer the business until Accordia took over in 2015. Maybe this was part of the confusion for the IRA you inherited? I'm not entirely sure of your question. I recommend you call the Customer... Read more »

1 Answer | Asked in Elder Law for Oregon on
Q: My husband is in a care assisted facility for memory loss he comes in and out so he has a car he loves being stored a

Person drive way.i want to get it home but they don't want to let it go.its a money thing.it is in his name.what are the rules?

Theressa Hollis
Theressa Hollis answered on Mar 2, 2021

If the car is in your husband's name then he is in control of deciding where it should be stored. If your husband signed a Power of Attorney then the person named as Agent could also decide about the car. The only other way to control your husband's assets is to have a Conservator... Read more »

1 Answer | Asked in Estate Planning for Oregon on
Q: Is there anyone that is excluded from being a per rep or trustee to an estate if the named rep declines? (Oregon)

My brother declined to be per rep and trustee to my fathers estate. Are there any parties that excluded from taking his place?

Theressa Hollis
Theressa Hollis answered on Feb 22, 2021

It sounds like your father had a Revocable Living Trust. If your brother is named as Successor Trustee but has declined to do this job then your father's Trust likely names the next person who should act as Successor Trustee. If it doesn't name a second person then there should be... Read more »

2 Answers | Asked in Estate Planning for Oregon on
Q: If my husband had a POA prior to us being married, is that persona still his POA?

My mother in law is my husbands POA and it was filed several years ago. Since it was filed we have married, who has the legal rights her or me?

Theressa Hollis
Theressa Hollis answered on Feb 5, 2021

Powers of Attorney don't get "filed" in Oregon. Assuming the Power of Attorney has no expiration date, it remains in effect until the Principal revokes it or dies. Marrying does not automatically give you fiduciary authority over your husband.

If your husband would like to...
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1 Answer | Asked in Estate Planning, Health Care Law, Elder Law and Probate for Oregon on
Q: Is it possible to hire an executor, health agent, etc. to assist me with my end of life planning?

I am trying to get ready to plan for end of life, but have no one to appoint as a health care proxy, medical/patient advocate, executor, or digital fiduciary.

I have no spouse, siblings, or children. My friends are older than me, living out-of-state, and/or would not be up to the task of... Read more »

Theressa Hollis
Theressa Hollis answered on Feb 2, 2021

Yes, this is absolutely possible and good for you for doing your advance planning. You can start by looking at the Guardian Conservator Association of Oregon https://www.gcaoregon.org/practitioners. You can also hire an experienced estate planning attorney who will give you referrals to... Read more »

1 Answer | Asked in Probate for Oregon on
Q: In Oregon if my sister is executor of estate but sold house at undermarket value what are my rights?
Theressa Hollis
Theressa Hollis answered on Feb 2, 2021

I recommend you hire an experienced probate attorney to assist you. It's possible to object to the sales price but you should do so right away.

1 Answer | Asked in Estate Planning and Tax Law for Oregon on
Q: Q: I am 63, and downsized to a rental when my husband passed. I want to relocate to FL and plan to purchase a single

family home. I plan to put between $60k-$100k towards a down payment but i want it in my two young adult children name. In other words, I will be a tenant to them... They will be the ones to benefit tax write offs... which is okey with me, also if something has to happen to me, that eliminates... Read more »

Theressa Hollis
Theressa Hollis answered on Jan 27, 2021

I am only licensed to practice in Oregon so I can't speak to Florida law but in general it is better for your children to inherit your property because they receive a stepped-up basis. This means when they inherit your house after your death their new basis in the property is your... Read more »

1 Answer | Asked in Banking and Probate for Oregon on
Q: Filed Small Estate Affidavit. Need bank account open but don't have letters of Testamentary (of course). Know of a bank?

Banks are asking for Letters of Testamentary, and I tell them that the estate filed Small Estate Affidavit, so no letters of Testamentary, and I provide them a certified copy of the Affidavit, but they won't help. Are there any banks that will open an account with the Small Estate? I need to... Read more »

Theressa Hollis
Theressa Hollis answered on Jan 27, 2021

I'm sorry for your loss. Trouble with banks and small estates is a common challenge, unfortunately. I recommend trying a Credit Union in Oregon to set up the estate account. Since every state has a different small estate procedure it's unlikely that you will convince a bank in Fargo to... Read more »

1 Answer | Asked in Real Estate Law for Oregon on
Q: My fiancée and I own a house in Oregon. We are both on the title and the mortgage. However, several years ago she

created a trust. Our house is in this trust. She is listed as a "trustee" on the deed of our house. I am not. How does this affect my claims and ownership to the house if we were to split up?

Theressa Hollis
Theressa Hollis answered on Jan 22, 2021

If you did not sign the Deed transferring your share of the house into your fiancée's Trust then you still own that share (likely 50%). If you did sign the transfer Deed then you no longer own the house as it is owned by your fiancée's Trust. I recommend you have an attorney review... Read more »

1 Answer | Asked in Estate Planning for Oregon on
Q: Is an Affidavit of trust the same as a Cetificate of trust?

Dad passed away and he had a trust. He and mom were in memory care for years and went through all of their savings and were on Medicaid their last years. All they have left now is about $1,400 in a checking account. I am trustee of their trust but the bank won't let me take the money without... Read more »

Theressa Hollis
Theressa Hollis answered on Jan 22, 2021

Yes, they are the same but your parents' Affidavit of Trust is no longer accurate because you are the Trustee. I agree that paying for an hour of time from an attorney will solve your problem, however, be sure to speak with an attorney who understand Medicaid Estate Recovery.

1 Answer | Asked in Probate for Oregon on
Q: What happens to a house after probate in Oregon? Can the heirs sell it or does it have to be sold in probate?

There is only my brother and myself as heirs.

Theressa Hollis
Theressa Hollis answered on Jan 4, 2021

The court-appointed Personal Representative (executor) has the authority to sell a house during the probate as long as it is not specifically devised to anyone. The other option is that the house can be deeded to the heirs/devisees and they can sell it after the probate has closed.

1 Answer | Asked in Estate Planning for Oregon on
Q: does the wife get the house her husband owned before marriage if he passes away by law, or can he leave it to children

this is in Oregon. My senior dad married someone who wants a lot of things...formerly my brother and I were to inherit the family home of some 40 years, now he says by law she owns half and she will sell it to buy herself a triple wide trailer if he dies. He claims 50/50 laws in Oregon make it so,... Read more »

Theressa Hollis
Theressa Hollis answered on Dec 28, 2020

If your father added his wife to the Deed then the property is likely to go to her at his death. If he did not add her to the Deed then the property will go according to his Will. However, if he leaves his wife out completely then she has a right to claim a percentage of his estate (5% - 33%... Read more »

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