Is a writ treated the same as a claim during the probate process that can be denied based on statue of limitations? I am the affiant/claiming successor in a small estate where I filed probate in January. State of Oregon sent me a writ to garnish money (any inheritance) for an heir listed in the... Read more »
answered on May 1, 2023
Is the garnishment for one of the probate devisees/heirs? If the answer is "Yes" and you hold money for this person then I think you have to abide by the garnishment. You don't deny a garnishment. If you no longer hold money for this person then you can answer the garnisher with... Read more »
There was ,$90000.00 in my mother's bank account when she died but my sister the conservator had her name added to my mom's account and upon her death it was reported that that money doesn't belong to the estate it belongs to my sister how is that possible
answered on Apr 17, 2023
Having your name on someone's bank account as their Conservator does not give the money in that account to the Conservator at the person's death. Is it possible that your mother named your sister as "Payable On Death" on that account before she became financially incapable... Read more »
My mother passed away without a will and has a couple things that did not have a beneficiary listed (some stocks and an IRA). She was married to my father so he is the one who will receive those items. I want to file a small estate affidavit but am unsure if I can since I will not be benefitting... Read more »
answered on Mar 28, 2023
In an intestate estate (when someone dies without a Will) the people who can file the small estate affidavit are the heirs (your father, in this case) and any creditor. This means that if you pay one of your mother's bills or pay for her burial/cremation, for example, you will become a... Read more »
Her home is paid off and one adult child lives with her.
answered on Mar 20, 2023
The state does not take anyone's home. However, if someone who lives in Oregon receives Medicaid to pay for their long-term care then their estate must repay the State after their death when possible (estate recovery). Since your mother has an adult child who lives with her it is possible... Read more »
answered on Mar 13, 2023
For purposes of the Oregon Advance Directive a health care provider determines when the person who signed the form is incapable. “Health care provider” means a person licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary... Read more »
Unfortunately, my dad and I have been estranged for years. He was 80 years old when he created his will, and he stated he was not married (true) and had no children (false). He has since passed and left his entire estate to a charity. In his will, he did not specifically disinherit me, mention my... Read more »
answered on Mar 8, 2023
Yes, you have the right to contest your father's Will. I recommend you contact the attorney who is representing the Personal Representative and let them know that you are your father's child. Be prepared to prove this fact with a birth certificate, genealogy information, old... Read more »
What can I do ? It’s 4hrs rnd trip & they say she’s sleeping he does not want her rest interrupted . She’s almost 90 blind on oxygen all she does is sleep. He won’t call me if she passes either
answered on Mar 7, 2023
In general a Power of Attorney allows the Agent (your brother) to make financial decisions for the Principal (your mother). It does not allow the Agent to decide who can and cannot visit the Principal. I would speak to the manager of the care facility directly. If you are not allowed to visit... Read more »
Of course I'll try to reason with him and I hope he doesn't follow through with the threat -- but does he have any legal grounds to have me removed if Mom wants me there? What if Mom isn't at home and the police arrive?
TMI: Mom and Dad (80+ yo) are verbally and emotionally... Read more »
answered on Feb 14, 2023
I don't know the trespassing laws but based on your description of the situation I think it would be best if you do not go to your parents' house for an extended stay. It seems clear that your presence will cause negative consequences for both your parents. If you visit your mother I... Read more »
I already amended once and probate is now closed. DOD 6/5/20
answered on Feb 13, 2023
You may want to consult with a probate attorney on this. ORS 114.515 does require you to amend the Small Estate Affidavit to include property not previously included. The final answer may be that you should file an amended Affidavit if you need to in order to cash the CalPERS check.
The home remodeling.just in the last few years my mother had moved out the home to stay with my only brother ln his house then she passes and no will witch it was decided verbally that he would get money that she left and I get the home then he passed away and now my nephew is filling for executive... Read more »
answered on Feb 1, 2023
I am sorry for your loss. In Oregon when someone dies without a Will their intestate heirs have priority to be appointed as their Personal Representative (Executor). Your nephew would likely not have priority so if you wish to be in charge of your mother's probate I recommend you hire an... Read more »
answered on Jan 20, 2023
This might be considered elder financial abuse. You can use Oregon’s toll-free hotline: 1-855-503-SAFE (7233) to report it.
You can also report scams and fraud in Oregon with the Consumer Hotline at 1-877-877-9392.
For more information you can go to this website:... Read more »
My uncle recently died unexpectedly w/o a will. A week prior he made me PoA on his bank accounts, primary on a Durable PoA, and primary on his Adv Directive. At the same time he made me joint owner of a large bank account, but the bank manager said they'd discussed this months ago and he even... Read more »
answered on Jan 3, 2023
Yes, you should disclose this account to your estate attorney. He/she needs to know this information to determine whether or not an Estate Tax Return is required to be filed. This Return reports probate and non-probate assets.
answered on Jan 3, 2023
Any experienced probate attorney should be able to help you. You will need an attorney licensed in the state where your family member died and/or owned property. If you don't have a Will then usually the closest family member can handle the estate.
can she pay her from estate?
answered on Dec 7, 2022
Usually the person contesting the Will must pay for the initial litigation expenses, however, if they are successful they could ask for court approval for reimbursement from the estate. If you are named as co-Personal Representative in the Will I recommend you hire your own attorney to advise you.
My dad passed in 2005 and a few years ago we learned that there are some outstanding PERS benefits. But to process the required paperwork, we need a certfied copy of his will. And we only have a scanned copy of it.
answered on Dec 2, 2022
It is unlikely that a certified copy of your father's Will is what is needed. If no beneficiary was named by your father for the PERS benefits then a probate is likely what will be required. Depending on the value of the PERS benefits you might be able to file a Small Estate Affidavit. Then... Read more »
answered on Nov 28, 2022
It is possible to simply sign a Deed adding your daughters' names to your home. However, in general this is not the best way to accomplish your estate planning. For example, once you add your daughters' names they are now owners of the property along with you. This means that you have... Read more »
Me and the wife stayed in the home made the payments from a joint account and I remodeled the house and also help make the payments and paid the sister off from her portion of the house am I initialed to any portion of the sale of the home
answered on Nov 21, 2022
You will need to review the specific facts of your situation with an attorney. The answer to your question will depend on what written agreements you have, how the home is titled, whether or not your mother-in-law left a Will or Trust, how much you can prove you have done to increase the current... Read more »
This is an assignment for LAw 105 Estate Administration & Probate Practice; She has three children, two of them live on their own, and one is living with her. The one living with her has made renovations to the residence. The other two children wish to sell the house at market value, not... Read more »
answered on Nov 7, 2022
In Oregon, when a person who dies intestate (with no Will) you must look to ORS 112.045 to determine who the estate goes to. If the decedent had no spouse at her death her three children will split the estate equally (assuming she has no children who have predeceased her and left children of their... Read more »
answered on Oct 28, 2022
Probate filings with the Court are usually for more than just household items. If there is no disagreement among the immediate family members (or the people named in the Will to receive the items) then no probate is required.
answered on Oct 17, 2022
In an Oregon probate a bond is essentially an insurance policy protecting the heirs and creditors. If the Personal Representative stole money from the estate the bond company would reimburse the estate and go after the Personal Representative for the money personally. Most of the time the bond is... Read more »
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