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Questions Answered by Theressa Hollis
1 Answer | Asked in Estate Planning for Oregon on
Q: I was suppose to receive $50,000 in a will and never received it.
Theressa Hollis
Theressa Hollis answered on Oct 21, 2020

I recommend you hire a probate attorney to look into the matter for you. You have not provided enough information to be able to answer your question. It's possible that there wasn't enough left after payment of the creditors and probate costs. Or that there were no assets and no... Read more »

1 Answer | Asked in Estate Planning for Oregon on
Q: I would like to make an amendment to a death certificate, it is incorrect.
Theressa Hollis
Theressa Hollis answered on Oct 21, 2020

For Oregon Death Certificates corrections for missing data or typographical errors for personal information on the death record are usually submitted by the funeral director or the informant listed on the death record in the year following date of death. The certifying physician (or medical... Read more »

1 Answer | Asked in Elder Law for Oregon on
Q: I suspected financial elder abuse by my sister who served as my mother's POA. Am I able to pursue an investigation?

My mother passed away 2 weeks ago. My sister, who had POA, told me that the accounts have been closed and there is no longer access to them or the ability to investigate them. Is she correct? I suspected that she took some financial liberties about a year ago and asked her to open up the accounts.... Read more »

Theressa Hollis
Theressa Hollis answered on Oct 2, 2020

I'm very sorry for your loss. Just because the accounts are closed does not mean that you have no recourse. I recommend you consult with a probate litigator who can evaluate your specific situation and give you an opinion as to the likelihood of success for your case.

1 Answer | Asked in Probate for Oregon on
Q: The person that is supposed to file probate in Oregon on my mom's estate/property is doing nothing. What can I do?

My mom has a lot of bills, taxes, obligations, etc. that are piling up w/late charges. It does not make sense to let it go on and on. Can a court force him to file quickly? Or can I or one of my siblings' file for probate and disregard him? He was named executor in her will, but not by the court.

Theressa Hollis
Theressa Hollis answered on Sep 21, 2020

Assuming there are assets in your mother's name alone that require probate, you could hire an attorney to send a demand letter to the nominated Personal Representative. If that didn't work you could send a demand letter to the second person nominated in the Will. It is also possible to... Read more »

1 Answer | Asked in Probate for Oregon on
Q: How long after my mom's death does the yet to be appointed (by the court) executor have to file for probate in Oregon?

How long does the same yet to be appointed executor have (in Oregon) to distribute copies of the will to her heirs?

Theressa Hollis
Theressa Hollis answered on Sep 21, 2020

There is no time requirements on filing a probate after a person dies. If the decedent owned real property then the nominated Personal Representative (this is what Oregon calls the Executor) should probably file the probate quickly so that they have legal authority to deal with the property. Once... Read more »

1 Answer | Asked in Probate for Oregon on
Q: How do I file a claim against an estate as a creditor , when they require a death cert that I can't get.

Court says must attach death cert. Can't get one. No will, There's no probate, no executer no nothing. Heirs won't do anything.

Theressa Hollis
Theressa Hollis answered on Sep 15, 2020

I assume you are trying to file a Small Estate Affidavit. You can do this as a creditor but you will need to order the decedent's Death Certificate. You can do so directly from the county or try this website: https://www.vitalchek.com/death-certificates

You would only file a Small...
Read more »

1 Answer | Asked in Probate for Oregon on
Q: My boyfriend died intestate and his kids dug a hole and buried him in the yard, can I be appt'd pr w/o their permission?

His children are not handling the small estate and refuse to communicate. I've made several attempts to contact his children to discuss the matter but have gotten no response. The oldest son is actually an attorney in portland and it shocking that he would bury his father ,I believe, unlawfully .

Theressa Hollis
Theressa Hollis answered on Sep 15, 2020

Oregon law does actually allow a person to bury a family member on their property if certain requirements have been met. A small estate would be required if your boyfriend owned assets in his name alone at his death and those assets totaled less than $75,000 of personal property and/or $200,000 of... Read more »

1 Answer | Asked in Estate Planning for Oregon on
Q: If there is no will and I was a friend of the deceased can I be executor and a creditor to the estate ,

Or is that a conflict of Intereat

Theressa Hollis
Theressa Hollis answered on Sep 15, 2020

A creditor can be appointed Personal Representative but they would first have to send notice to the people who have priority according to Oregon law. Usually this is the immediate family. An experienced probate attorney can help you with this.

2 Answers | Asked in Estate Planning for Oregon on
Q: In Oregon, can I be a personal representative/administrator of an estate, and a creditor?
Theressa Hollis
Theressa Hollis answered on Sep 14, 2020

Yes. If the deceased person has a valid Will then the person named in the Will as the Personal Representative (executor) has priority to act. Here is the priority statute for Oregon: https://www.oregonlaws.org/ors/113.085

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1 Answer | Asked in Estate Planning for Oregon on
Q: Does living right at my property mean that my father's beneficiaries have no right to ask the person to leave
Theressa Hollis
Theressa Hollis answered on Aug 31, 2020

I'm sorry, I'm not sure what you are asking. It would be helpful to know who owns the property. Is the person you want to leave a tenant on the property? Is there any written rental agreement?

When you say "living right" do you mean that the person has a Life Estate?...
Read more »

1 Answer | Asked in Estate Planning for Oregon on
Q: Filing a small estate affidavit before being served partition suit from divorced, dad for deceased share of joint title

Title in both names, divorce papers left house to dad, deed was never signed over, mom lived in the house until she died, I rented the house from him after her death, he wants to sell but as her heir they need my signature. No will, no probate ever started. Do I need to file before he does

Theressa Hollis
Theressa Hollis answered on Aug 31, 2020

The divorce Judgment should be enough to transfer the house. Have your father give the title company a signed copy of his final divorce papers.

1 Answer | Asked in Estate Planning for Oregon on
Q: My family business is set up as an estate with each of us owning a percentage. If one of the persons want to take their

Percentage out of the family business And put it in their own name, what does this mean.

Theressa Hollis
Theressa Hollis answered on Aug 14, 2020

An attorney would need more information regarding your family business to answer this question. What type of entity is the business - LLC, sole proprietorship, etc? An experienced attorney will want to review all relevant ownership documents and get more details in order to let you know if what... Read more »

1 Answer | Asked in Probate for Oregon on
Q: Re: question asked on 8/10 about TODD, Ms. Hollis stated the following:

"The Transfer on Death Deed does not include the decedent's tangible personal property". We knew this to be true but are wondering if this is documented somewhere on line? It appears the PR will have to remind the new homeowner of this as the attorney feels he has already done so.... Read more »

Theressa Hollis
Theressa Hollis answered on Aug 11, 2020

I'm not able to answer your question about the new homeowner acting illegally. I recommend that PR speak to his/her attorney about contacting the new homeowner and making a plan to deal with the tangible personal property.

1 Answer | Asked in Probate for Oregon on
Q: Re: Transfer on Death Deed: When there is a transfer on death deed and one party (non family) is the new owner..

of the home, yet the family is to inherit all of the contents of the home, how is the personal rep (family member) able to secure these items as part of their responsibility to the estate? We have found that the new homeowner has been sorting through items that belong to the family and in some... Read more »

Theressa Hollis
Theressa Hollis answered on Aug 10, 2020

I recommend the PR work to improve communication with his/her attorney. If necessary the PR could hire a crew to empty all of the decedent's personal property into a storage unit to get the PR more time to go through the items. The Transfer on Death Deed does not include the decedent's... Read more »

1 Answer | Asked in Probate for Oregon on
Q: Can you go through probate for a regular estate (not small) without a lawyer in Oregon?

If you can, how do you do that?

Theressa Hollis
Theressa Hollis answered on Aug 4, 2020

In some counties in Oregon you are required to prove that you have the knowledge to proceed with a probate without legal representation. Honestly, considering how many deadlines and specific legal documents are required I strongly recommend you consider hiring a probate attorney. I think it is... Read more »

2 Answers | Asked in Criminal Law, Real Estate Law, Elder Law and White Collar Crime for Oregon on
Q: How do I sue my mother in law for my father's property?

She waited for him to be incapacitated by dementia to have him sign my two sister's and I out of his will.

My father told us girls that we would get his property when he passed away.

She had strangers sign saying he was of sound mind, and that he was writing us out of the will.... Read more »

Theressa Hollis
Theressa Hollis answered on Aug 4, 2020

A will contest must be filed after the person who signed the will is dies. If your father has passed away you should quickly hire an experienced probate litigator to assist you. If the property is in Oregon you should hire an attorney licensed in Oregon. Be cautious of recommendations you may... Read more »

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1 Answer | Asked in Probate for Oregon on
Q: If I found someone to act as personal representative over dads estate through the Oregon website, do Ineed an attorney?

My attorney says it's a conflict and cannot represent the professional guarantor because shes my atty. So how do I get this started? Sibling rivalry so I cannot be the rep. As it would create a family war.

Theressa Hollis
Theressa Hollis answered on Jul 20, 2020

You can still act as Petitioner and your attorney can create and file the Probate Petition to begin the probate. Your Petition would request appointment of the professional fiduciary and include a Consent signed by they professional. The professional fiduciary will hire his/her own attorney.

1 Answer | Asked in Probate for Oregon on
Q: Is Multnomah County accepting small estate probate claims during Phase 1 reopening, re: Covid19
Theressa Hollis
Theressa Hollis answered on Jul 20, 2020

Yes, you can still file an Affidavit of Claiming Successor (small estate) in Multnomah County. Unfortunately, the Court is not currently issuing certified copies. I recommend you have a probate attorney assist you and he/she will be able to print off the Affidavit from OCJIN once it is filed so... Read more »

1 Answer | Asked in Probate for Oregon on
Q: How do I hire a professional excutor for probate in oregon? Sibling rivalry and my brothers living in my dads house

I dont want to be the executor but want to start probate. My brother is living in my dads house making morgage payments. There is no will

Theressa Hollis
Theressa Hollis answered on Jul 17, 2020

Since there is no Will your siblings will have an opportunity to object to the appointment of a professional as Personal Representative. However, sometimes this is the best solution to a challenging family dynamic. I recommend you go to the website for the Guardian/ Conservator Association of... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Am I able to file to file a small estate affidavit, since I am listed as 100% owner since my husband died?

We owned the house outright, but he took out a 30 yr mortgage in his name. I am paying that monthly , but it is a debt. If I had to claim the house, it may come in at over $200,000 limit..

Theressa Hollis
Theressa Hollis answered on Jul 14, 2020

If you are on the Deed to the house then you likely do not need a probate or small estate affidavit. You can just keep paying the mortgage or refinance it into your name.

If it is only your husband's name on the Deed then you will need a full probate if the fair market value as of his...
Read more »

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