It's possible that your friend could go to Court to have the Trustee removed. However, the most cost-effective thing is for him to work with the Trustee. It's a very good idea for your friend to hire a probate attorney to review the Trust and advise him of his rights. If the trust is... View More

Please accept my condolences for your mom's passing. Unfortunately, that provision in your mom's Will doesn't avoid the probate process. The person (or company) named as Personal Representative has no authority until they are appointed by the probate Court.

Some assets may... View More

To give you an accurate answer an attorney would need a lot more information. However, based on what you have written it sounds like one beneficiary owes the Trust $33,000 and the Trust bank account holds $66,000. Since the Trust is evidently to be split in three equal shares, the beneficiary who... View More

If you have clearly communicated to your friend that you want your vehicle returned then I would call the non-emergency number for your local police to report it stolen. The issue of the repairs will have to be dealt with separately. It's possible that your friend could sue you in small... View More

You should receive an annual trustee's report. Upon your request the trustee has a reasonable time to provide you with relevant trust information. Depending on the complexity of the trust assets and what information you have requested I would expect a response in three to six weeks.... View More

You will need an attorney to review your final Divorce Decree. My guess is that it doesn't actually say this because there are only a limited number of ways to control the house. It could have gone into a Trust for your daughter with the ability for your ex-spouse to live there for his... View More

As long as you and your wife own the house "as husband and wife" or "as tenants by the entirety" on the Deed then the house will automatically go to the surviving spouse. They will just need to record the Death Certificate with the County to clear title. If your Deed does not... View More

The answer to your question depends on the wording on the Deed for the cabin. It's possible that the Deed includes language like "with right of survivorship." In that case, if you die first, the other 50% owner will automatically inherit your share of the cabin. If the Deed does... View More

If the bank has a branch in Oregon then you are probably fine filing a Simple Estate Affidavit (we recently changed the name from Small Estate Affidavit), however, when you file this type of probate you are not appointed as Personal Representative. You just order a certified copy of the Affidavit... View More

You could certainly inform the attorney of your suspicions. However, he will probably not be able to tell you if he has been retained by the Trustee due to attorney/client privilege rules. You can ask the Trustee for a copy of the front and back of the check that has been processed by the bank.... View More

Yes, if all creditors and taxes have been paid in full, it is possible to close a probate and Deed the house to the two beneficiaries. This works fine as long as the beneficiaries get along well. If they do not then it is best to sell the house and divide the sales proceeds.

A Last Will and Testament only controls assets that need to go through probate after the testator's death. This means that any assets that were given away, sold or that had a joint owner or beneficiary named are not controlled by the Will. If the person signed a Deed that was recorded before... View More

I'm very sorry for your loss. A Power of Attorney can no longer be used once the Principal (the person who signed it) has died and the Agent (the person named to act in the POA) has been informed of the death. I recommend you make your demand for a copy of the Will in writing and keep a... View More

I am very sorry for your loss. One of your friend's daughters will likely need to be appointed as his Personal Representative to be able to sell his house. If he had named his daughters as beneficiaries on his life insurance they should contact the insurance company and fill out a claim form... View More

If the Trustee will not respond to you, it would be wise to hire an attorney who can send a demand letter on your behalf. Oregon law requires the Trustee to provide you with annual Trustee Reports (unless you waive them). If you have not been receiving reports from the Trustee there may be a... View More

I'm very sorry for your loss. You can ask the Post Office to forward your mail. You should be allowed to retrieve your personal property from the house. It's possible that you may be owed repayment for the mortgage payments you have made (less the cost of reasonable monthly rent).... View More

If you are handling your mother's money as her Agent under a Power of Attorney you do not need to add your name to her bank account. Just give them a copy of your mother's Power of Attorney. Your mother's money should not be used to pay any of your creditors.

I am sorry for your loss. If the amount of the back rent is more than the balance in his bank account there is no real reason to open a probate (or file a Simple Estate Affidavit) because there is nothing to inherit.

If the account is larger than the rent bill and is less than $75,000 you... View More

I am sorry for your loss. I strongly recommend you consult with an experienced probate attorney. If your mother's Deed actually includes your name with right of survivorship then the property is probably yours. You can record her Death Certificate to clear the title. A probate attorney... View More

Yes, usually you must probate a Will in order to implement a testamentary trust, however, you bring up several facts that could change this answer (mom's other trusts and the fact that mom died four years ago). I recommend you consult with an experienced probate attorney who can help you sort... View More