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Questions Answered by Theressa Hollis
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...
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1 Answer | Asked in Probate for Oregon on
Q: I have filled out subpoenas for information in a probate case. The judge is holding them.

I filled them out 5 weeks ago and sent them to the court to be signed. They are requesting phone records, text messages, Documents for a will contest. The judge is holding them and when I check it is something different. Today I was told the Judge is researching to see if he can even sign them? If... Read more »

Theressa Hollis
Theressa Hollis answered on Jul 13, 2020

I recommend you hire an attorney to assist you with this case. I'm not entirely sure what "Subpoenas for information" refers to. If you are trying to pursue a Will contest there are important time limits in place so it's essential that you hire an experienced probate litigator as soon as possible

1 Answer | Asked in Probate for Oregon on
Q: My father died with a will in Oregon. Do I have a right, to see his will. This is a small estate, so no probate.

I have been told my brother is the only heir, out of five sibblings. I, want to see the will am I entitled to see my father's will?

Theressa Hollis
Theressa Hollis answered on Jun 26, 2020

Please accept my condolences on your loss. Sometimes even small estates must be filed with the Court. If the case is filed with the probate Court then you will receive a copy of the pleadings along with your father's Will. Be sure that whomever is in charge according to the Will has your... Read more »

2 Answers | Asked in Estate Planning for Oregon on
Q: Do I have to itemize assets to go into a pour over will in oregon
Theressa Hollis
Theressa Hollis answered on Jun 24, 2020

You will use a Pourover Will when someone who signed a Trust dies leaving an asset in their name alone. You'll need to start a probate with the Court and file the Pourover Will. As part of the probate you will file an Inventory that lists only the assets that are not titled in the Trust, not... Read more »

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2 Answers | Asked in Estate Planning for Oregon on
Q: My father disinherited me on his will, he was a bad alcoholic, can I contest the will based on his irrationality?

His mind was affected after 40 years of abusing alcohol. My step brother inherited everything, when his mother died of cancer years ago I promised her that I would split everything with her son “my step brother,” who btw had a very off and on relationship with my dad. I believe my step... Read more »

Theressa Hollis
Theressa Hollis answered on Jun 22, 2020

The ability to successfully contest a Will requires specific facts. I recommend you contact a probate litigator to review your father's specific situation and advise you. Be sure to do so quickly after his death because important time limits apply to this type of litigation.

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1 Answer | Asked in Estate Planning for Oregon on
Q: Mom died in CA. I live in OR and my sister lives in Canada. We are beneficiaries of her mutual funds. Penalties?

Mom only has a Morgan Stanley mutual finds acct. Will I owe taxes on my 1/2? How will sister in Canada be affected?

Theressa Hollis
Theressa Hollis answered on Jun 9, 2020

You should contact a CPA with your tax question. Your sister should speak to a CPA in Canada.

You both may also need a CPA or probate attorney in CA to help you determine whether or not your mother has a taxable estate.

If you are named by your mother as beneficiaries then no...
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2 Answers | Asked in Probate for Oregon on
Q: If two siblings (beneficiaries) don't agree after the death of their father and there is no will and the court appointed

a fiduciary that has been biased towards on beneficiary and assets are missing, he let one property go to foreclosure, hasn't submitted any detailed information to the beneficiaries or courts just a few major items and a lot of miscellaneous. Bank accounts ar missing and money is missing as... Read more »

Theressa Hollis
Theressa Hollis answered on Jun 2, 2020

I'm sorry for your loss. I recommend you hire an experienced probate attorney to assist you. You have rights as an heir of this estate. I wish you the best.

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1 Answer | Asked in Estate Planning for Oregon on
Q: My husband has joint custody with his ex. Their parental plan is the kids see him on the weekend and stays with his

Mother durning the week. His son is now telling his mother and us that he wants to live with us. His dad will ask his ex that they need to change the plan with the court so that he dosent get in trouble but she refusses to Chang it. How do we go about it. Seeing him upset and disappointed because... Read more »

Theressa Hollis
Theressa Hollis answered on May 26, 2020

Unfortunately, this question is in the Estate Planning category. If you choose Family Law you will receive more helpful answers. Good luck!

1 Answer | Asked in Estate Planning, Legal Malpractice and Probate for Oregon on
Q: My father pass Away in 2007 and I've been trying to find a will or any information ever since my brother will not give m

My father passed away from asbestosis he had a will and they will not give me info on estate. My brother and step mom. We also had a wrongful death suit which they tried to keep me out of also but were told they could not to move forward . My father passed in 2007 I just recently received a very... Read more »

Theressa Hollis
Theressa Hollis answered on May 18, 2020

Unfortunately, no attorney will be able to answer your specific questions online. You should locate an experienced probate attorney in the jurisdiction where your father's estate was probated. The law firm you reference are in California so that may be where you need to hire an attorney.... Read more »

1 Answer | Asked in Elder Law for Oregon on
Q: We share an apartment with the manager and share the kitchen. Can she lock us out of the kitchen? Rent is 700.00/month

We have been here over a year and there has never been a problem. Originally we were to share the kitchen and living room. It is difficult to share the living room because of it's size. We came home today and found she had placed a lock on the kitchen door. We also have our own personal... Read more »

Theressa Hollis
Theressa Hollis answered on May 8, 2020

Your question is currently categorized under Elder Law in Oregon. Do you live in Auburn, WA? I think you will get better answers if you choose Landlord - Tenant as your category. Be sure to also choose the correct state since laws vary from state to state.

Good luck to you!

1 Answer | Asked in Estate Planning, Personal Injury and Probate for Oregon on
Q: I am a disabled female that was the executor of my mothers probate like 16 years ago, I was also the primary beneficiary

I hired a attorney to protect my mothers assets, as probate was open I came back to him and told him all of my mothers non probated assets where GONE, He then acted as if he was very angry and told me he wasnt going to now take that on also,,TOLD ME NOT TO MENTION THIS TO THE JUDGE=, THAT ALL OF... Read more »

Theressa Hollis
Theressa Hollis answered on May 6, 2020

Life insurance and retirement accounts should be distributed to the beneficiary named with each of those companies. If you have proof in writing that you were named as the beneficiary on your mother's life insurance and/or her IRA then you need to contact each of those companies and make a... Read more »

3 Answers | Asked in Estate Planning and Banking for Oregon on
Q: I live in Oregon. My husband died in August 2019 and has recieved a check. How do I cash it?

He had no estate and I am his only survivor and beneficiary.

Theressa Hollis
Theressa Hollis answered on Apr 27, 2020

I am sorry for your loss. If you have been unable to negotiate the check and it is under $75,000 you may need a small estate affidavit. You can locate forms online that will work for Oregon but it's often best to hire a probate attorney to assist you to make sure you do it correctly.

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2 Answers | Asked in Estate Planning for Oregon on
Q: I & my husband have put our home into a revocable living trust for our 2 adult children. We have so little income that

We could qualify for Medicaid if we claimed the property taxes that we pay, to be rent to our children. But since this is a REVOKABLE trust, can we do that legally?

Theressa Hollis
Theressa Hollis answered on Mar 18, 2020

You’ll need to provide more information. Property taxes and rent are two different things. I recommend you schedule an appointment with an experienced Medicaid attorney.

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2 Answers | Asked in Elder Law and Estate Planning for Oregon on
Q: How do I setup a conservatorship?

I live in Eugene, OR. My father is in Yucca Valley, CA in memory care facility since 1/2019. His wife had control of his advance directive and finances. After urging for months she put me on the HIPA and efforts were being made by social worker to get me added to the advance directive. However, she... Read more »

Theressa Hollis
Theressa Hollis answered on Mar 17, 2020

Since your father is in California you will need to hire an attorney who is licensed to practice in that state. I recommend you post your question under California instead of Oregon.

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2 Answers | Asked in Estate Planning, Real Estate Law and Social Security for Oregon on
Q: Can a house that is in a Supplemental Needs Trust be transferred to a private party?
Theressa Hollis
Theressa Hollis answered on Feb 26, 2020

Supplemental Needs Trusts (also called Special Needs Trusts) are a very specialized area of law. I strongly recommend that you meet with an experienced planning attorney to assist you. It is impossible to answer your question without a lot more information.

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2 Answers | Asked in Estate Planning for Oregon on
Q: What forms do we need to file with the courts to become executure of the estate
Theressa Hollis
Theressa Hollis answered on Feb 24, 2020

I strongly recommend you schedule an office or phone appointment with an experienced probate attorney. You will save yourself a lot of frustration by making sure you handle the estate accurately from the beginning. Also, attorney fees are almost always paid out of the estate assets.

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2 Answers | Asked in Estate Planning for Oregon on
Q: If a claiming successor (only sister of deceased brother) has two children, then the estate is divided equally in Oregon
Theressa Hollis
Theressa Hollis answered on Jan 27, 2020

I'm afraid you have not asked a question. However, if an Oregon resident dies without a Will or Trust then Oregon's intestate laws control the distribution of his estate. When a decedent has no spouse, children or surviving parents the estate assets (after payment of all outstanding... Read more »

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