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Questions Answered by Theressa Hollis
1 Answer | Asked in Probate for Oregon on
Q: Do deceased siblings kids get anything in oregon

My bro died not married no kids. Parents gone I'm only sibling alive. Does my deceased other siblings kids Inhearant anything?

Theressa Hollis
Theressa Hollis answered on Jan 21, 2022

Although I can't speak to your specific situation I can tell you that under Oregon intestate law if a person died with no Will and he had no spouse, no children and no surviving parents his probate estate would be divided among his surviving siblings and the children of his predeceased... Read more »

1 Answer | Asked in Probate for Oregon on
Q: Grandmother passed in 2008. As an heir I would like to receive a copy of Will. Where/how do I request a copy?

My Grandmother died in 2008 in Portland, OR. I was a legal heir but never received a copy of the Will. I would like to receive a copy from the court if it is filed there? How/where do I request one?

Theressa Hollis
Theressa Hollis answered on Dec 29, 2021

If your grandmother's Will was probated in Oregon then I will be happy to obtain a copy for you.

If it was not probated (for example, if she had a Revocable Living Trust or owned no assets in her name alone at her death) then there is no way official to locate a copy of her Will. If...
Read more »

1 Answer | Asked in Probate for Oregon on
Q: Can a trustee tell a beneficiary that they can't use electtronic company to sign a document?

Trust in oregon, also trustee says we can't move forward 8f I don't sign her way,. Can she do that?

Theressa Hollis
Theressa Hollis answered on Dec 27, 2021

If the Trustee prefers that you sign the document and mail it to her then there's no reason not to do that. Estate planning and probate documents are not generally signed using an electronic signature.

1 Answer | Asked in Estate Planning for Oregon on
Q: My father passed away a month ago. He died intestate. He had a small estate. My sister is keeping everything. How ?

He had a life insurance policy, a savings account and checking. She is on checking account. She was not on savings and beneficiary of insurance is deceased for 20 years our mother. Can't get a lawyer to return call. How can she do this. Avoid probate. I have called 7 lawyers no one returns call.

Theressa Hollis
Theressa Hollis answered on Dec 10, 2021

I'm very sorry for your loss. It's possible that your sister is keeping everything because she was a joint owner or payable-on-death beneficiary on your father's bank accounts. It's also possible that your father changed his life insurance beneficiary before his death and could... Read more »

1 Answer | Asked in Civil Litigation and Estate Planning for Oregon on
Q: Filing a small estate affidavit in Oregon while being an convicted felon

Hello, my good friend of mine recently passed away. She had an will (notarized) saying that I was sole beneficiary to her whole estate no one else. She had no living relatives or family members. I was reading the paper work for the small estate affidavit saying that no convicted felon can file. I... Read more »

Theressa Hollis
Theressa Hollis answered on Dec 7, 2021

If you are a convicted felon Oregon law does not allow you to file a Small Estate Affidavit. I recommend that you have someone else file it. Possible options are someone who is named as the alternate Personal Representative, an intestate heir (immediate family to the decedent) or a creditor... Read more »

2 Answers | Asked in Estate Planning and Family Law for Oregon on
Q: If a person gives you power of attorney to take possession of belongings can they take back the belongings later?

I was given power of attorney y my ex-boyfriend. I took possession of 3 storage units and paid $1400 to save them from being auctioned. Now he wants to revoke the power of attorney and keep me from accessing the units. Is this legal?

Theressa Hollis
Theressa Hollis answered on Dec 3, 2021

When a person signs a Power of Attorney they can revoke that document at any time. A Power of Attorney gives the Agent named in the document the ability to help the Principal (the person who signed the POA) with their finances.

In your case the question is did your ex-boyfriend actually...
Read more »

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1 Answer | Asked in Estate Planning for Oregon on
Q: would like cost range for a straightforward will. non-contested, no probate issue. thanks

Is Samual Friedenberg no longer taking clients?

Theressa Hollis
Theressa Hollis answered on Nov 29, 2021

The price for a Will varies depending on many factors. My law firm usually includes at least one Power of Attorney and an Advance Directive for medical decisions. The range at my firm is for a simple Will package is generally $1,500 - $2,500.

Sam Friedenberg is an attorney with Nay &...
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1 Answer | Asked in Probate for Oregon on
Q: I filed a small estate affidavit in Oregon do I need to File a Petition in Probate Court to get a Letter of Appointment

If I do how do I do that

Theressa Hollis
Theressa Hollis answered on Nov 29, 2021

In Oregon filing a Small Estate Affidavit does NOT get you Letters Testamentary (called Letters of Administration for estates without Wills). However, you can use a court-certified copy of your Small Estate Affidavit to manage the assets listed in the Affidavit. If you need further assistance I... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: My mother recently passed away my father and I are going broke paying bills that were only in her name. What can I do.

They also had a mortgage together no saved money separate and joint bank accounts. No living will and no will in general.

Theressa Hollis
Theressa Hollis answered on Nov 12, 2021

The assets in your mother's estate should be used to pay her bills. You may need to file a probate or small estate with the Court. There's a good chance that your father is now the sole owner on the house so he likely owes the mortgage. However, he might not have to pay your... Read more »

1 Answer | Asked in Probate for Oregon on
Q: My mom passed Oct 6th,21 COVID. She had no will,lived alone in Ontario,Owned a mobile home. I'm in MT What do I do

With her bank account and her home bills? I was not her beneficiary for her life insurance. My niece is. I have no idea what to next. She had preplanning funeral pd, I'm lost.

Theressa Hollis
Theressa Hollis answered on Nov 2, 2021

I'm very sorry for your loss. I recommend you schedule a phone or Zoom conference with an experienced probate attorney. The attorney can help you either file a full probate, a small or estate or possibly even avoid the probate process (there is a non-probate way to transfer mobile homes).

1 Answer | Asked in Probate for Oregon on
Q: I can't afford an attorney do you have legal aid in Oregon
Theressa Hollis
Theressa Hollis answered on Nov 2, 2021

Yes, Oregon has legal aid: https://lasoregon.org/ However, if you have a probate to file in Oregon attorneys usually get paid after court approval through the probate assets.

2 Answers | Asked in Probate for Oregon on
Q: How do you petition of probate
Theressa Hollis
Theressa Hollis answered on Oct 14, 2021

In Oregon you’ll benefit from hiring an experienced probate attorney to help you file a petition for probate with the court. There are numerous rules and deadlines that you must follow as Personal Representative and your attorney will assist you with this. The fees for your attorney will most... Read more »

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1 Answer | Asked in Probate for Oregon on
Q: Okay my aunt forged my grandfather's will and is taking the estate from me and my sisters

She was moved removed from power of the estate but the new estate attorney wouldn't let me do anything either I've tried to hire an attorney I'm pretty sure I may have one I'm not sure all I know is I've been homeless for 3 years now thanks to my aunt for taking our home... Read more »

Theressa Hollis
Theressa Hollis answered on Oct 12, 2021

I'm sorry to hear of the situation you are in. You will need to hire a probate attorney to evaluate the situation and give you legal advice. If you cannot afford to pay an attorney I recommend you contact the Legal Aid Office in your county:

https://lasoregon.org/locations/

I...
Read more »

2 Answers | Asked in Estate Planning for Oregon on
Q: Can I have a life insurance policy for my mom who lives in a nursing home to help pay for funeral expenses?

She lives in a nursing home has Medicare and Medicade but no other assets. I would have a difficult time covering her final expenses I want to purchase life insurance to help cover her final expenses. I have heard about filial responsibility laws and am concerned about this.

Theressa Hollis
Theressa Hollis answered on Sep 7, 2021

Most likely you either will not be able to find an insurance company that would insure your mother and/or the cost of the policy will be VERY expensive. Even though Oregon has a law that says, "Parents are bound to maintain their children who are poor and unable to work to maintain... Read more »

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1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: How do I file a hearing and what state do I file in ?

My daughter has my mother change her will and put her in charge. Daughter has kept all the assets and ignored the will. My mom had the will made in California where she lived . Before her death she moved to Texas with my daughter where she passed. Which state would I file the hearing in? My mother... Read more »

Theressa Hollis
Theressa Hollis answered on Aug 27, 2021

If your mother lived in Texas at her death I recommend you start with a Texas attorney. It's possible that the Texas State Bar Association has a lawyer referral number. It's also possible that Legal Aid in Texas could point you in the right direction.

2 Answers | Asked in Estate Planning for Oregon on
Q: What should I do to revise the trust and will which was made in Oregon in 10 years ago? I am now living in California.

Should I go to Oregon lawyer or California attorney?

I also have 2 Oregon ll s.

Theressa Hollis
Theressa Hollis answered on Aug 25, 2021

I recommend you locate an experienced estate planning attorney in California. Your Trust is still valid even if you change states but your CA attorney may wish to make some changes to reference CA law. Also, different states have different estate and inheritance tax laws so your new attorney will... Read more »

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1 Answer | Asked in Estate Planning for Oregon on
Q: Sister passed away in the State of Oregon. Her estate consists basically of a 40 year old mobile home in a park.

She was on SSI and medicaid. She has 3 sons that I believe are homeless with no money and her marriage went through dissolution but failed to finalize in the 80's. Estranged husband also homeless with no funds. I don't have the money for standard probate. I am not an heir obviously.... Read more »

Theressa Hollis
Theressa Hollis answered on Aug 20, 2021

I am sorry for your loss. It sounds to me like you would be best off if you handed this situation to the State of Oregon Estate Administration Unit (EAU). Because your sister was receiving Medicaid there is a good chance that all of the assets she owned at her death will go back to the State of... Read more »

1 Answer | Asked in Probate for Oregon on
Q: Executor received a large sum of money and did not disclose it in annual accounting to heirs. Can he legally do this?
Theressa Hollis
Theressa Hollis answered on Aug 10, 2021

To answer your question more information would be needed. For example, the executor (called Personal Representative in Oregon) could have received money because he/she was named as beneficiary on the asset (an IRA or life insurance, for example). In that case the PR would not be required to... Read more »

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Oregon on
Q: HELLO , I AM THE MIDDLE SON OF 3 SONS OF A 96 YEAR OLD WASHINGTON COUNTY , OREGON WOMAN .MY MOTHER IS CURRENTLY IN

....HOSPITAL AWAITING PLACEMENT IN AN ASSISTED LIVING FACILITY . MEDICAID PAPERS HAVE BEEN FILED . AM I, AS A SON LEGALLY REQUIRED TO FOOT THE BILL FOR MY MOTHER'S EXTENDED CARE ?

Theressa Hollis
Theressa Hollis answered on Aug 9, 2021

If your mother qualifies for Medicaid then this program will be paying for your mother's care facility and prescriptions. In general, the family of a person are not legally responsible to pay that person's bills unless the family member signed a contract with the facility, for example.... Read more »

1 Answer | Asked in Probate for Oregon on
Q: My mom's deed had survivorship but she never took my dad off after he died. Do I have to do a probate for both of them?

Probate in Nevada. My dad died in 2006. The deed for their property has joint tenancy with survivorship. My mom died last month. My mom never took my dad off the deed so do I now have to do a probate for him as well? I am planning on doing a set aside without administration because the total... Read more »

Theressa Hollis
Theressa Hollis answered on Jul 14, 2021

Your question is in the category of Probate for the state of Oregon. If the property is in Oregon then here is my answer: Assuming your parents had survivorship on their Deed then all you have to do is record your dad's Death Certificate with the County and the title is clear (meaning that... Read more »

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