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 »
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 »
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:... Read more »
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 »
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.
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 »
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.
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.
can she pay her from estate?
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.
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.
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 »
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 »
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
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 »
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 »
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 »
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.
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 »
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 »
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.
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 »
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 »
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.
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 »
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 »
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?
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 »
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 »
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 »
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 »
She was listed as the beneficiary on his IRA. She wants us to have the money now and not be beneficiaries upon her death.
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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