Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Theressa Hollis
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 »

View More Answers

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 »

View More Answers

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 »

View More Answers

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.

1 Answer | Asked in Estate Planning for Oregon on
Q: Can my uncle liquidate my grandparent's estate if he has power of attorney?

My grandmother has Alzheimer's. Her husband does not. They own a home and property but are staying in a memory care facility because my grandmother can no longer care for herself. Her husband, my step-grandpa, does not need the care. (Before he moved there with her, he was building a steam... Read more »

Theressa Hollis
Theressa Hollis
answered on Jul 8, 2022

A Power of Attorney only gives the Agent (the person named in the document) the authority to assist the Principal (the person who signed the Power of Attorney) with their financial matters as specified in the document. It does not permit the Agent to perform actions secretly or against the wishes... Read more »

1 Answer | Asked in Probate for Oregon on
Q: I am confused about the Oregon Small Estate Affidavit. It does not allow you to set up estate account, pay bills, etc.

Our mother passed and because her real estate was less than 200k and other assets minimal, we filed a Small Estate Affidavit in Oregon. There was a will listing us children as beneficiaries of all assets and specifying one of us as Executor. However, now we realize that this Small Estate process... Read more »

Theressa Hollis
Theressa Hollis
answered on Jun 24, 2022

You are correct that Oregon's small estate procedure does not result in the appointment of a Personal Representative or issuance of Letters Testamentary. All you receive is a certified copy of the Affidavit of Claiming Successor (Small Estate Affidavit). Banks in Oregon are supposed to honor... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: If an investment account has the estate of the owner as the TOD beneficiary, will probate be avoided?
Theressa Hollis
Theressa Hollis
answered on May 25, 2022

No. If the estate is named as the beneficiary the financial institution will require a Personal Representative (the term for Executor in Oregon) to be appointed by the Court in order to receive the investment account balance.

If you wish to avoid probate you can name your beneficiaries...
Read more »

1 Answer | Asked in Estate Planning and Family Law for Oregon on
Q: My bother passed away in Boston Mass. I talked with the funeral home and they said his wife makes the choices on the

She is mentally unstable can another family member change her decision

Theressa Hollis
Theressa Hollis
answered on May 25, 2022

I'm very sorry for your loss. Your question didn't completely come through but I'm guessing you're asking on controlling the disposition of your brother's body. Since he died in Massachusetts you should consult an attorney in that state. If his wife is unable to give... Read more »

1 Answer | Asked in Probate for Oregon on
Q: Dad just passed in OR. Unwed partner claims only will from the 1990s in AK. Is an old will still valid? How do I get it?

We have no idea what attorney he used and the partner claims to not have a copy.

Theressa Hollis
Theressa Hollis
answered on Apr 27, 2022

The most recent Will that your father signed is his valid Will unless he married after he signed it. To locate the Will you can ask your father's partner to look through his important papers and check any safe deposit boxes. If you can find out what attorney your father hired in the... Read more »

1 Answer | Asked in Probate for Oregon on
Q: Dad passed in OR this year. How do I get the will? How long does the Executor have to contact me?

Executor in WA is my sibling. I am in AK. Other sibling reports Executor claims to have contacted all siblings to ask permission to dispose of certain assets. I have not been contacted. Executor is unwilling to communicate but I understand by law they are required to contact me.

Theressa Hollis
Theressa Hollis
answered on Apr 27, 2022

If you can find out the name of the Executor's attorney I recommend contacting this person. If not then you will have to contact the Executor directly to ask your questions.

1 Answer | Asked in Family Law and Probate for Oregon on
Q: What happens if there’s a conflict when it comes to inventory or FMV of house in Oregon

My daughters dad died due to a MVA he had no will. At the time of death he was legally not listed father on BC. However after an attorney was hired by me we have established paternity. The agreement is his sister (who did not include our daughter as a possible heir but knew it) Shes also is PR.... Read more »

Theressa Hollis
Theressa Hollis
answered on Apr 18, 2022

I recommend you hire a probate attorney to assist you. Your daughter has a lot riding on this and it's not possible to answer all of your questions through a website. In Oregon a Personal Representative has a duty to sell estate assets for fair market value. If the PR plans to purchase the... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for Oregon on
Q: Removing trustee from the Deed.

I, as one of the two beneficiaries of the private trust wishes to remove/replace crooked trustee from Klamath county records, as he refused to give me customized contents of the private trust, that he created rendered Foul Play. Title co. informed me there are 4 other uninsured deeds recorded... Read more »

Theressa Hollis
Theressa Hollis
answered on Apr 11, 2022

I'm sorry but you have not asked a question. I recommend you hire an experienced trust litigator to assist you. How you are able to change Trustees will depend on the terms of the Trust Agreement.

1 Answer | Asked in Probate for Oregon on
Q: Will I get in trouble for not probating dead husband’s will? He was the beneficiary of oil rights and monthly earnings

Monthly earnings have been depositing in our bank account still. He died over a year ago and I did not know the will had to be probated. The will states that everything goes to me. I have had access to this money in our account and have been paying the quarterly taxes, but I did not know I had to... Read more »

Theressa Hollis
Theressa Hollis
answered on Apr 6, 2022

You shouldn't worry about getting in trouble but it's a good idea to get this taken care of properly. Contact an attorney in the state where the oil rights are to find out what you need to do next. There is probably a simple procedure for you to get them transferred to you.

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: In Oregon, is a mobile home on rented land considered personal property in my Will?

(Rather than real property, when making bequests.)

Theressa Hollis
Theressa Hollis
answered on Mar 28, 2022

Yes. If your mobile home is on a rented space and not attached to land that you own then it is considered tangible personal property. It's real property if it's attached to land you own. If you want to be sure to control who the mobile home goes to you can also just list it... Read more »

1 Answer | Asked in Real Estate Law and Probate for Oregon on
Q: We bought real property from our Father.

The (down payment) proceeds we're transferred into a living trust but a promissory note for the balance was not transferred into the living trust before our Fathe passed. This promissory note was held by our Father alone (did not include his surviving spouse) and represents a lean on our real... Read more »

Theressa Hollis
Theressa Hollis
answered on Mar 15, 2022

It's possible that your father assigned his interest in the promissory note to his Trust before he died. If not then it's too late to transfer it into the Trust - the balance of the promissory note will need to be probated. I recommend you consult with a probate attorney who can look at... Read more »

1 Answer | Asked in Probate for Oregon on
Q: I was a resident for 4 years and was told to leave by power of attorney what are my rights?

I'm in the will he's keeping property from me, I was his father (owner of estate) caretaker and significant other for 4 years. I'm owed for my services. His son the executor kicked me out I am disabled and I need my belongings I was promised by him prior that he would let me stay in... Read more »

Theressa Hollis
Theressa Hollis
answered on Mar 8, 2022

I'm very sorry for your loss. You might try the Legal Aid Office in the county where you are living.

You can also contact the Personal Representative's (Executor's) attorney and explain your situation. They may give you more time to find another place to live.

You...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.