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Questions Answered by Theressa Hollis
1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: What happens when you have lived with your mother in her home for over 16 years during you have helped pay for

The home remodeling.just in the last few years my mother had moved out the home to stay with my only brother ln his house then she passes and no will witch it was decided verbally that he would get money that she left and I get the home then he passed away and now my nephew is filling for executive... Read more »

Theressa Hollis
Theressa Hollis
answered on Feb 1, 2023

I am sorry for your loss. In Oregon when someone dies without a Will their intestate heirs have priority to be appointed as their Personal Representative (Executor). Your nephew would likely not have priority so if you wish to be in charge of your mother's probate I recommend you hire an... Read more »

1 Answer | Asked in Contracts and Elder Law for Oregon on
Q: I'm 82 & paid $18,000 to a publishing company now know they are phoney..what do I do now and do I report to senior fraud
Theressa Hollis
Theressa Hollis
answered on Jan 20, 2023

This might be considered elder financial abuse. You can use Oregon’s toll-free hotline: 1-855-503-SAFE (7233) to report it.

You can also report scams and fraud in Oregon with the Consumer Hotline at 1-877-877-9392.

For more information you can go to this website:...
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2 Answers | Asked in Probate for Oregon on
Q: I am Affiant Sm Est Court Certified Prob. Case Now I learned Real Prop is worth 200K+++. What form to file Court Notice

RE: ORS 114.515 Small estate affidavit: Procedure when value of estate exceeds limitations. I am Affiant of Court Cert Small Est. Probate Case. I discovered the Real Property is worth MORE than the $200K limit for the Small Estate Probate. ORS 114.515 (7) If the fair market value of the property... Read more »

Theressa Hollis
Theressa Hollis
answered on Jan 3, 2023

I recommend you review this with a probate attorney. If the property is worth more than $200,000 it is possible you will need to file a full probate.

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2 Answers | Asked in Probate for Oregon on
Q: My uncle died intestate. Do I need to disclose to my family and estate lawyer a bank acct he made me joint owner of?

My uncle recently died unexpectedly w/o a will. A week prior he made me PoA on his bank accounts, primary on a Durable PoA, and primary on his Adv Directive. At the same time he made me joint owner of a large bank account, but the bank manager said they'd discussed this months ago and he even... Read more »

Theressa Hollis
Theressa Hollis
answered on Jan 3, 2023

Yes, you should disclose this account to your estate attorney. He/she needs to know this information to determine whether or not an Estate Tax Return is required to be filed. This Return reports probate and non-probate assets.

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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: How do we go about locating an estate attorney for a recently deceased family member, when you cannot locate a will?
Theressa Hollis
Theressa Hollis
answered on Jan 3, 2023

Any experienced probate attorney should be able to help you. You will need an attorney licensed in the state where your family member died and/or owned property. If you don't have a Will then usually the closest family member can handle the estate.

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1 Answer | Asked in Probate for Oregon on
Q: I am co-rep of will.the other rep of will is using her personal lawyer of 5 years to probate for her and contest the wil

can she pay her from estate?

Theressa Hollis
Theressa Hollis
answered on Dec 7, 2022

Usually the person contesting the Will must pay for the initial litigation expenses, however, if they are successful they could ask for court approval for reimbursement from the estate. If you are named as co-Personal Representative in the Will I recommend you hire your own attorney to advise you.

2 Answers | Asked in Probate for Oregon on
Q: What do I do if we only have a scanned copy of my dad's will?

My dad passed in 2005 and a few years ago we learned that there are some outstanding PERS benefits. But to process the required paperwork, we need a certfied copy of his will. And we only have a scanned copy of it.

Theressa Hollis
Theressa Hollis
answered on Dec 2, 2022

It is unlikely that a certified copy of your father's Will is what is needed. If no beneficiary was named by your father for the PERS benefits then a probate is likely what will be required. Depending on the value of the PERS benefits you might be able to file a Small Estate Affidavit. Then... Read more »

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2 Answers | Asked in Estate Planning for Oregon on
Q: How do I add my daughters name to the deed to my home?
Theressa Hollis
Theressa Hollis
answered on Nov 28, 2022

It is possible to simply sign a Deed adding your daughters' names to your home. However, in general this is not the best way to accomplish your estate planning. For example, once you add your daughters' names they are now owners of the property along with you. This means that you have... Read more »

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1 Answer | Asked in Divorce and Probate for Oregon on
Q: Mother in-law died my wife's brother and sister wanted to sell the house me the husband paid the brother for his portion

Me and the wife stayed in the home made the payments from a joint account and I remodeled the house and also help make the payments and paid the sister off from her portion of the house am I initialed to any portion of the sale of the home

Theressa Hollis
Theressa Hollis
answered on Nov 21, 2022

You will need to review the specific facts of your situation with an attorney. The answer to your question will depend on what written agreements you have, how the home is titled, whether or not your mother-in-law left a Will or Trust, how much you can prove you have done to increase the current... Read more »

1 Answer | Asked in Probate for Oregon on
Q: A mother of 3 adult children 1 living with her dies intestate. How do they determine personal representative?

This is an assignment for LAw 105 Estate Administration & Probate Practice; She has three children, two of them live on their own, and one is living with her. The one living with her has made renovations to the residence. The other two children wish to sell the house at market value, not... Read more »

Theressa Hollis
Theressa Hollis
answered on Nov 7, 2022

In Oregon, when a person who dies intestate (with no Will) you must look to ORS 112.045 to determine who the estate goes to. If the decedent had no spouse at her death her three children will split the estate equally (assuming she has no children who have predeceased her and left children of their... Read more »

1 Answer | Asked in Probate and Estate Planning for Oregon on
Q: in oregon are you required to file probate with court if you don't need it to help you disburse, only household stuff ?
Theressa Hollis
Theressa Hollis
answered on Oct 28, 2022

Probate filings with the Court are usually for more than just household items. If there is no disagreement among the immediate family members (or the people named in the Will to receive the items) then no probate is required.

1 Answer | Asked in Probate for Oregon on
Q: What does it mean when a bond is not waived in a decedent's testate estate will?
Theressa Hollis
Theressa Hollis
answered on Oct 17, 2022

In an Oregon probate a bond is essentially an insurance policy protecting the heirs and creditors. If the Personal Representative stole money from the estate the bond company would reimburse the estate and go after the Personal Representative for the money personally. Most of the time the bond is... Read more »

1 Answer | Asked in Elder Law and Probate for Oregon on
Q: Sister added her name to my father's bank accounts, stocks/bonds and vehicles before he passed. She claims it's hers now

She changed his will after he moved in with her. At the time he had Dementia and was on hospice. I didn't realize all this until getting the probate papers and she didn't list all his assets. When I questioned why his accounts were not listed she said her name was on it so it all belongs... Read more »

Theressa Hollis
Theressa Hollis
answered on Sep 20, 2022

I'm very sorry for your loss. You should consult with a probate litigator. You may be able to contest the Will. It may be more difficult reverse the titling of your father's bank accounts and/or vehicles but a probate litigator will be able to give you an estimate of your chances of success.

1 Answer | Asked in Estate Planning for Oregon on
Q: Can a pro se personal representative of a Trust file a lawsuit for damages on behalf of all members of the Trust?
Theressa Hollis
Theressa Hollis
answered on Sep 19, 2022

The person in charge of a Trust is call the Trustee (or Successor Trustee). Yes, the Trustee has authority to file a lawsuit for damages on behalf of the beneficiaries of the Trust. Whether that lawsuit is successful will depend on many factors, of course. When anyone is filing a lawsuit I... Read more »

1 Answer | Asked in Probate for Oregon on
Q: What confirmation do you need to prove as an heir?

I recently found out who my father was through Ancenstry DNA which linked me to my grandmother and Aunts. My father passed away when I was young and never had the chance to know him, however, I had found out my grandfather had passed away and his estate is in probate court. I personally was not... Read more »

Theressa Hollis
Theressa Hollis
answered on Sep 14, 2022

You should contact the attorney and ask him/her what they want for proof of the fact that you are an heir.

If you need further assistance you should hire a probate attorney.

2 Answers | Asked in Civil Litigation, Small Claims and Probate for Oregon on
Q: Grandson took my sons car title after he died. The agreement was to sell the car to payback funeral cost What can I do?

He has the title in his girlfriend's name (he's unable to obtain a driver's license) and they are in Washington State. I have the car and would just like this to be settled. I covered the cost of the funeral and my son's debts. I just don't know what my rights are or what... Read more »

Theressa Hollis
Theressa Hollis
answered on Aug 22, 2022

I don't have enough information to answer your specific legal question but, in general, if a car owner dies in Oregon and no probate is filed their intestate heirs can fill out an Inheritance Affidavit at the DMV and transfer their car as the intestate heirs agree. So, if your son was an... Read more »

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1 Answer | Asked in Estate Planning for Oregon on
Q: Can my grandmother give me her house and stipulate my mom is allowed to reside there for the rest of her life?

My grandmother wants to leave me her house, but wants my mother to beable to live there for the rest of her life. I want to know if we can stipulate this in the will?

Theressa Hollis
Theressa Hollis
answered on Aug 17, 2022

Yes. This is called a life estate (or another option is for your grandmother to leave the property to a testamentary trust). Your grandmother needs to meet with an experienced estate planning attorney to discuss, analyze the benefits and drawbacks and put her plan in place. Be sure your... Read more »

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My dad named me on his living trust. Lawyer says I'm getting nothing. Can I be named not to get anything
Theressa Hollis
Theressa Hollis
answered on Aug 12, 2022

It depends on how you are named in his Trust. If you are a beneficiary then you should receive something (after payment of his debts and taxes). If you are simply named in the family section but he did not list you as a beneficiary then you would not receive anything. If you have a copy of your... Read more »

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3 Answers | Asked in Elder Law and Landlord - Tenant for Oregon on
Q: Is ot legal to have broken windows that are boarded up an not fixed for over a month and it's 100 degrees outside?

A tenant living in a 4 plex is rubbing his own feces all over this building he has assaulted tenant's broken out almost all windows in 2 units including his own the property management has been contacted all they have done is board up all windows over the feces and has left it like this for at... Read more »

Theressa Hollis
Theressa Hollis
answered on Aug 1, 2022

It sounds like this tenant might be having a mental health crisis. I strongly recommend that you call Adult Protective Services in your county and ask them to make an immediate welfare check.

Anyone who is being assaulted should call 911.

In Multnomah County you can also call the...
Read more »

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1 Answer | Asked in Estate Planning for Oregon on
Q: My Dad died and left his IRA to my stepmother. She wants to give it to my brother and I. Is that possible?

She was listed as the beneficiary on his IRA. She wants us to have the money now and not be beneficiaries upon her death.

Theressa Hollis
Theressa Hollis
answered on Jul 18, 2022

Your stepmother may be able to disclaim her interest in your father's IRA. She should hire an attorney to review the specific facts and give her legal advice.

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