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Questions Answered by Theressa Hollis
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 »

2 Answers | Asked in Probate for Oregon on
Q: my sister left no will or anything and has 2000 in bank, can i close acct with death certificate?

Not sure how oregon laws work and if probate is always needed when someone really does not own anything and very small funds in bank left

Theressa Hollis
Theressa Hollis answered on Dec 14, 2020

Maybe. If your sister had no surviving spouse, adult children or parents then you could sign an Affidavit at the bank pursuant to ORS 708A.430 promising that you will use the money to pay her funeral expenses and any other outstanding bills of hers. There is also a waiting period during which the... Read more »

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1 Answer | Asked in Probate for Oregon on
Q: Can Oregon Estate administration take money from an intestate heir AFTER probate has closed?

My wife’s father passed away a year after his mother passed. He never did anything with the money and had the account made in his name by his sister here in Ca. My wife was the sole intestate heir. Probate was held and has closed in Oregon where he lived. Oregon H& HS has told her that her... Read more »

Theressa Hollis
Theressa Hollis answered on Dec 9, 2020

Unfortunately your question is far too complicated to answer online. Oregon Estate Administration should have received notice of your father-in-law's probate if the probate had been filed in Oregon. I strongly recommend your wife contact an experienced probate attorney to assist her. It is... Read more »

1 Answer | Asked in Probate for Oregon on
Q: My sister-in-law passed away intestate & heirs don't want to file for probate. What happens to her estate?

Assets <$10,000 but credit card debt alone greatly exceeds that. Also a pension balance has a beneficiary.

Theressa Hollis
Theressa Hollis answered on Nov 30, 2020

If your sister-in-law's debts exceed her assets then her estate is insolvent. It's common for family to not want to file an insolvent probate since there often isn't anything in it for them. Your sister-in-law's assets may eventually be sent to the Department of State Lands... Read more »

1 Answer | Asked in Probate for Oregon on
Q: IF THERE WAS NO BOND ON PROBATE AND ALL THE NON PROBATED ASSETS DISAPPEAERED WHILE PROBATE WAS OPEN.CAN IT BE REOPENED

16 years later.when the executor learns that the probate lawyer assisted the other sibling in stealing it all

Theressa Hollis
Theressa Hollis answered on Nov 24, 2020

If you have a complaint against an Oregon attorney you could contact the Oregon State Bar. Yes, probates can be reopened if necessary. You might want to pay a probate attorney for an hour of time to review the facts in your case to determine what next steps you should take.

2 Answers | Asked in Probate for Oregon on
Q: no will or power of attorny on my stepdad n moms house stepdad died 28 days later my mom did i need to know how to claim

my mother died 4 days ago n i need to know how to file claim on house in oregon no will or power of attorny im oldest child my sister died as baby n my brother doesnt want it

Theressa Hollis
Theressa Hollis answered on Nov 20, 2020

I'm very sorry for your losses. I recommend you hire a probate attorney. If the house is in Oregon it's likely there needs to be a probate on at least your mom's estate. It's possible for your brother to sign a Disclaimer. If he has no children, that should give his share of... Read more »

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1 Answer | Asked in Probate for Oregon on
Q: My aunt passed away and left a lot of debt. My dad (her brother) thinks he needs to pay this debt off on his own.

W

Theressa Hollis
Theressa Hollis answered on Nov 19, 2020

Your dad is not personally liable for any debt that he did not incur. It's common for family members to feel responsible for "doing the right thing" and paying off their loved one's debts at the death. However, this is not required. If you Aunt left any assets in her name... Read more »

2 Answers | Asked in Probate for Oregon on
Q: In my mom's Probate case the Probate Lawyer sent us paperwork containing an invalid (earlier) Will and also in the Court

paperwork listed her surviving husband as heir or devisee when he is not listed in the Will as such and in fact signed a Waiver of Elective Share that is referenced in the Will. My sister and I think that these issues are not valid or legal. We have sent the Lawyer a letter detailing these two... Read more »

Theressa Hollis
Theressa Hollis answered on Nov 17, 2020

The fact that the attorney who represents the Personal Representative filed a prior Will with the Court is a real problem. If you have informed the attorney in writing and provided the current Will and it is not filed with the Court right away then I recommend you hire your own attorney who assist... Read more »

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1 Answer | Asked in Probate for Oregon on
Q: Under Oregon Probate Laws how long does a PR have to disburse payment to heirs once judge okays disbursement
Theressa Hollis
Theressa Hollis answered on Nov 16, 2020

Once a Judge has signed the General Judgment of Final Distribution the Personal Representative should promptly send out distribution to the proper parties. Most County Courts calendar 30 - 60 days for the signed Receipts. If it has been close to 30 days I recommend you contact the Personal... Read more »

3 Answers | Asked in Personal Injury for Oregon on
Q: Injured,had coffee thrown on me.

A woman became irate and threw coffee on me. As a result I slipped and fell onto the floor. I injured my arm and leg.

Theressa Hollis
Theressa Hollis answered on Nov 16, 2020

Please uncheck "Elder Law." From your description of the incident this does not sound like an elder law issue but it certainly is a personal injury issue and hopefully one of those attorneys can offer you some advice.

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1 Answer | Asked in Probate for Oregon on
Q: My father passed away and my stepmother and him had a living will . My sister and myself have last well in testament.

When would be the best time to hire a lawyer and start probate?

Theressa Hollis
Theressa Hollis answered on Nov 9, 2020

Did your father and stepmother have a Revocable Living Trust? If so, do you know if your stepmother is the Trustee?

I recommend you consider hiring a probate attorney to briefly look at the documents you have and give you an opinion. It's possible that probate will not be required OR...
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1 Answer | Asked in Probate for Oregon on
Q: I filed a small estate, the house fair market value is $185,000 what if it sold for over $200,000? Do I do Probate now?

Do I have to do full probate because the house might be sold for over $200,000 even though fair market value is $185,000? I have several people wanting to buy it and someone is will to pay over $200,000. The title company says we have to probate.

Thanks!

Theressa Hollis
Theressa Hollis answered on Nov 3, 2020

Yes, if you have discovered that the real property was worth more than $200,000 on the date-of-death (or if the date of death is more than one year before the date of filing of the affidavit, as of a date within 45 days before the filing of the affidavit) then you need to file a probate. You also... Read more »

2 Answers | Asked in Probate for Oregon on
Q: My mom died intestate with big credit card debt. Her only income was social security. Do we have to go thru Probate?

After cremation, she had no money left, didn't own a home, was single and has a financed older car. She lived with my brother.

Theressa Hollis
Theressa Hollis answered on Nov 3, 2020

I'm sorry for your loss. It sounds like no probate is needed in your mom's case because she owned no assets at her death. Call the credit card company and let them know that there are no assets. They may ask for a Death Certificate.

If the car is registered in Oregon you can...
Read more »

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1 Answer | Asked in Probate for Oregon on
Q: Oregon intestate law: Does a grand-niece or grand-nephew inherit equally to a niece?

Decedent's brother died, leaving his daughter. If she has children, do they inherit also?

Theressa Hollis
Theressa Hollis answered on Nov 2, 2020

Assuming there is no Will involved and decedent left no spouse, children, grandchildren, parents or siblings, niece inherits but her children do not. If there was a niece or nephew who had pre-deceased decedent but left children then they would also inherit but the children of the surviving niece... Read more »

1 Answer | Asked in Elder Law, Real Estate Law, Construction Law and Lemon Law for Oregon on
Q: I purchased a 1971 mobile home in October 2019 October. I started having major problems right away

Roof leaking . Kitchen cabinets falling in. Bathroom plumbing backed up. Kitchen sink leaking which took 5 times to fix. Ceiling leaks in bedroom, bathroom, and smaller bedroom, and around the front door. I was told the house was worked on by professionals, yet when I tried to get information... Read more »

Theressa Hollis
Theressa Hollis answered on Oct 27, 2020

I recommend you contact the Oregon Dept. of Justice's Consumer Protection hotline at 503-378-4320 or toll-free in Oregon at 877-877-9392.

As you've learned, inspections should always be done before purchasing.

Because you are low income Legal Aid Services of Oregon may be...
Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: if you have a will you move to Oregon does that the will stand?

Step mom took dad off the house title can she do that because the will that once my stepmom is gone it's supposed to be split 6 ways she still alive but she put her daughter's name the house

Theressa Hollis
Theressa Hollis answered on Oct 26, 2020

Your Will is valid in any state as long as your Will is valid in the state in which you signed it. I am unable to answer your question about your father and step-mother's house because I do not have enough information. I recommend you meet with a probate attorney for the answer to that question.

1 Answer | Asked in Estate Planning and Land Use & Zoning for Oregon on
Q: when was the LUDO established in Douglas county Oregon
Theressa Hollis
Theressa Hollis answered on Oct 26, 2020

Do you mean the Land Use and Development Ordinance? Maybe this link will assist you? https://www.co.douglas.or.us/planning/tbl_cont.asp

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