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 »
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 »
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 »
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.
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 »
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 »
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.
Should I go to Oregon lawyer or California attorney?
I also have 2 Oregon ll s.
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 »
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 »
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 »
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 »
....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 ?
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 »
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 »
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 »
You should be able to obtain information from the Personal Representative's attorney. He will charge the estate for speaking with you. However, he will not be able to give you legal advice. If you need legal advice you should find your own attorney.
There was another witness present who was said to inherit almost everything according to the will, but that person did not sign. The only signatures on the paper is the testator and notary.
A valid Will in Oregon must be signed by two witnesses. However, Oregon has a law that may allow this writing to be probated to control the estate if the person intended the writing to be his/her Will. I recommend you consult with a probate attorney for assistance.
My Grandmother's Mother passed left, which left my grand mother land and mineral. My grandmother passed which My mother then inherited some land and minerals. My mother's brothers and sister decide not to let her children know they inherited land and minerals so the kids never got any... Read more »
It sounds like you have a complicated question with several moving parts. I recommend you bring in all the information you have and meet with an experienced probate attorney who can let you know your rights in this situation.
All paperwork frm doctor and postmaster have been forwarded and HOA refusing to install when other members elderly members in community have mailbox at their home as opposed to community mailbox. Subject is 84 yrs and cannot walk without sever pain and assistance. This has been ongoing for 2 years.... Read more »
I recommend you have the senior contact Bend Legal Aid for assistance: (541) 385-6950
Likely the senior will need to install the mailbox or mail slot at their home and inform the Postal Service.
No, if none of your mother's assets are in her name alone then no probate is needed. I do recommend you consult with an experienced attorney to make sure you understand your duties as Successor Trustee. Often this is just a one-time consultation but can be very important to ensure that you... Read more »
All valid debts (claims) will be paid through an Oregon probate. The validity of the debt will be evaluated by the Personal Representative. If a claim is disallowed by the Personal Representative the creditor can ask for a hearing and the Probate Judge will determine the validity of the claim.... Read more »
Q: I'm told that I need to prove to the probate judge that I sold it for a price that was fair as of the date of death. Is that true? Can i do that without an appraisal?
If you are Personal Representative for your mother's estate you should ask your attorney this question. In general you can have a realtor create a Comparative Market Analysis (CMA) for you or you can pay for the property to be appraised. However, there are a lot of fact-specific issues in... Read more »
3 seporate times the lady has wondered out and police has brought her home.
If a temporary guardian and conservator have been appointed that person will step in to take control of the protected person's medical and placement decisions as well as controlling her finances. The temporary conservator will be responsible to paying all of her bills. The temporary guardian... Read more »
It sounds like the person you care for has either been civilly committed or the court has appointed a Guardian or Conservator for her. If she has been civilly committed then the state of Oregon will be responsible for determining where she lives and coordinating her care. If she has a guardian then... Read more »
States if we all have the some parents she gets all because I have a different mom she gets half and I get the other half is this right
First, it is important to pay attention to where your father resided at his death and to confirm that he definitely did not sign a Will (even if it was many years ago). If he was an Oregon resident and died intestate (with no Will) then 1/2 of his probate estate will go to his surviving spouse and... Read more »
My husband and I are in our 60's and in good health, but looking towards our next chapter, we don't have many assets, just a home and car, but want to have our ducks in a row in case of disease, or dementia. I don't want our children to be burdened with any long term care in the... Read more »
I strongly recommend you meet with an experienced estate planning attorney. It appears to me that the type of Trust you are describing is a Revocable Living Trust (not Irrevocable). Sometimes people use an Irrevocable Trust to give their assets away so they can qualify for Medicaid right away.... Read more »
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