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I am seeking guidance on how to file for non-responsibility concerning my husband's interstate death. We were married for 32 years but lived apart when he passed away on January 28th of this year. His roommate has denied me access to his paperwork, personal property, and vehicles. She has also... View More

answered on Feb 15, 2025
There is nothing in Oregon called “non-responsibility.” If your husband died with no Will his estate is controlled by Oregon Intestate Law which means that his probate assets will go to you after his bills are paid (assuming he has no children who are not yours). If you want you can choose to... View More
A daughter but no spouse or parents. The second one died a year later. No will no spouse no kid. On the title it stated right if survivorship yes joint tenants. I filed and was appointed PR. My question is is my niece entitled to part of man home with ORS 112.045 by representation or am I sole... View More

answered on Feb 11, 2025
If you have been appointed as Personal Representative by the probate Court you should have an attorney representing you. I do not recommend trying to handle a probate on your own.
The estate of your second brother to die will control the manufactured home. If he died with no Will then... View More
She has a directive stating do not revive. This failed to happen. Quality of life has been very bad since then. The memory care facility she was living in failed to include the directive when she went to the emergency room.
Question, do we have a case?

answered on Jan 24, 2025
In my opinion it is unlikely that you would have a legal case against either the care facility or the hospital. But to be sure you should consult with a personal injury attorney.
Be sure that the care facility has a copy of your mother's Advance Directive on file, give a copy to her... View More
I think my aunt, was not honest. of my dads estate

answered on Jan 24, 2025
If a probate was filed for your Dad's estate it is possible to retrieve a copy of his Will from the probate Court. If not, then you may be able to obtain a copy from the attorney who drafted the Will and/or the attorney who represented your Aunt.
The GAL emailed a brother, stating dad's 3 kids Stood in Place. The GAL emailed me Dec 28, 2024, exactly 2 years 1 day post-affidavit filing. She told me my Dad was not entitled to inherit because of para 3 of the will, which states a beneficiary must die more than 30 days after her. Itnwqs... View More

answered on Jan 21, 2025
I can't tell from your facts exactly how to help you. I recommend you meet with a probate attorney.
When the beneficiary of a Will dies before receiving the inheritance who receives the inheritance is usually determined by the survivorship period listed in the Will (often 30-120... View More
Does the spouse of a grantor of a deed that states "tenancy in common with right of survivorship" have any claim to the property after the grantor dies if one of the co-owners (a grantee) of the property is still living? This is in a non-community state. Does that make the spouse of the... View More

answered on Jan 13, 2025
I recommend you have an attorney review this Deed for you. It sounds to me like this property is owned by (likely) two people (the Grantees) with a right of survivorship. This means that if one owner dies the remaining owner continues to own 100% of the property. The spouse of the deceased owner... View More
He moved to the Philippines after a bad divorce from his 7th wife. He passed away in 2013. He never announced to anyone in the USA that he married again in the Philippines. I was contacted several months ago by Fidelity to let me know that he had a retirement that I could collect. I had everything... View More

answered on Jan 7, 2025
If your father's retirement account is not subject to the Retirement Equity Act (REA) and he named you and your brother as beneficiaries then you should be able to receive the money even if he was married at the time of his death. The only way you can find out is to fill out the Fidelity... View More
A lawyer has requested me not to talk to a specific elderly person about topics that *may* upset the person under threat of getting the court to disallow communication. Those are the primary topics that said person likes to discuss. They aren't illegal topics. Just sharing opinions.... View More

answered on Dec 11, 2024
In Oregon, when a Guardian has been appointed for an incapacitated adult (protected person) the Guardian may limit association between the protected person and another person "To the extent the guardian determines necessary to avoid unreasonable harm to the protected person’s health, safety... View More
She sends him 150 dollars a week on a card. The will clearly stated upon my death, but he has received no money other than the 150 a week which he cannot live on. She has repeatedly threatened to sell the house which was left to him.

answered on Nov 4, 2024
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
The language:
In Article VI, C Mom's will says "I authorize and empower my Personal Representative to seland transfer any or all of my property, real and personal as I the discretion of my Personal Representative may reasonably be necessary for the payment of claims, expenses of... View More

answered on Oct 25, 2024
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
In determining the cash on hand for a trust, the bank has $66k, together with payment of $33k made by said person/beneficiary, is $99k to be divided in 3 equal shares, = $33k per beneficiary. Then the $33k is subtracted from the beneficiary share? How is that?

answered on Oct 2, 2024
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
Of course, there's more details just don't know where to begin. Guy may have accessed personal records including vehicle title, won't return my calls.

answered on Sep 30, 2024
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

answered on Sep 6, 2024
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
Would go to my daughter. He is getting married at the end of this month and my daughter is concerned. How do I protect her interest.

answered on Jun 7, 2024
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
We live in Oregon. No Will or Trusts. Want to avoid any probate issues.

answered on Apr 24, 2024
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
We have no Will or Trusts. No kids. Want a clean/fast transfer of my 50% ownership to her.

answered on Apr 24, 2024
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
My mother died in Oregon but had a couple of small (<$2k) bank accounts in California. Do I have to file in California to claim this property? What about an out-of-state pension to which I have a claim on the residue? Can I just file a Small Estate Affidavit here in Oregon, get appointed... View More

answered on Apr 24, 2024
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
I believe the trustee of my mother's trust is committing fraud. I suspect he has fabricated an invoice from an attorneys office, says he retained the attorney for an appeal. ( There was no appeal after probate hearings) there's a check made out to attorney for $4000.00 that looks fake. If... View More

answered on Apr 23, 2024
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
Oregon

answered on Apr 23, 2024
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.

answered on Apr 23, 2024
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
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