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Questions Answered by Theressa Hollis
2 Answers | Asked in Banking, Elder Law and Social Security for Oregon on
Q: I am POA for my mother. I owe collections. Her income is strictly Social Security. Can they garnish bank account?

I am on Social Security and my mother is also on Social Security. She is in a nursing home and soon I have to go put my name on her account at the bank to take care of her medical bills. I owe collections a great deal of money and I only receive Federal benefits and she only receives federal... View More

Theressa Hollis
Theressa Hollis
answered on Feb 9, 2024

If you are handling your mother's money as her Agent under a Power of Attorney you do not need to add your name to her bank account. Just give them a copy of your mother's Power of Attorney. Your mother's money should not be used to pay any of your creditors.

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1 Answer | Asked in Probate for Oregon on
Q: One of my older brothers died with no will. No assets except a small checking account. Do we need to file probate?

His landlord has billed his estate for back rent, but there is no estate, and no estate assets. He died in Eugene, Oregon. Thank you.

Theressa Hollis
Theressa Hollis
answered on Jan 23, 2024

I am sorry for your loss. If the amount of the back rent is more than the balance in his bank account there is no real reason to open a probate (or file a Simple Estate Affidavit) because there is nothing to inherit.

If the account is larger than the rent bill and is less than $75,000 you...
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2 Answers | Asked in Probate for Oregon on
Q: I am personal representative, my sister filed for probate and appt of pr court docs show listed as pr b4 being appointe

What can i do as I also was on deed with mom w/right of survivorship and she listed my house as estate property I was owner. Paid taxes insurance everything

Theressa Hollis
Theressa Hollis
answered on Jan 8, 2024

I am sorry for your loss. I strongly recommend you consult with an experienced probate attorney. If your mother's Deed actually includes your name with right of survivorship then the property is probably yours. You can record her Death Certificate to clear the title. A probate attorney... View More

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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Does an Oregon pour-over will have to go through probate if it uses the power of testamentary to create a new trust?

Our mother passed away in Oregon in 2019 and used her power of testamentary in her will to create a new trust for her grandkids from money in her other trusts. It never went through probate as far as I know. Looking online now, it seems to me like maybe it was supposed to go through probate because... View More

Theressa Hollis
Theressa Hollis
answered on Dec 4, 2023

Yes, usually you must probate a Will in order to implement a testamentary trust, however, you bring up several facts that could change this answer (mom's other trusts and the fact that mom died four years ago). I recommend you consult with an experienced probate attorney who can help you sort... View More

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1 Answer | Asked in Elder Law, Legal Malpractice and Probate for Oregon on
Q: How do I find out what is included in probate in Oregon? How do I sue my lawyer, when her malpractice left me with $0?

Grandpa died with 401k. I hired a probate lawyer. I did not know 401k has a beneficiary. Now the estate has $0, but the probate court believes it's worth $225,000. Everyone rec'd the notice about the worth of the estate. I'm the executor. I can't pay any bills, taxes, lawyer I... View More

Theressa Hollis
Theressa Hollis
answered on Dec 1, 2023

Sometimes it happens that a probate is started but we find out that the assets all have beneficiaries. In that case the probate can be withdrawn. However, it sounds like you have other assets besides the 401(k) to include in the probate. If the car and the manufactured home are in your... View More

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: In Oregon, is it allowed for a beneficiary named in a will to be an executor of that same will?
Theressa Hollis
Theressa Hollis
answered on Oct 18, 2023

Yes, a devisee in a Will can also be named as the Personal Representative (Oregon's term for Executor). That same person can even be one of the two witnesses to the Will. In general, it is best for an attorney to draft and supervise the signing of the Will so that the attorney could testify... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for Oregon on
Q: Dad's wife passed. Can he sell jointly held home (Oregon)? Do her adult children from previous marriage get anything?

Dad's wife's will leaves everything to my dad but if he's also deceased then her 3 sons each get 25% of the estate. Does his will supersede his wife's or does he have to follow her will?

Theressa Hollis
Theressa Hollis
answered on Oct 17, 2023

The answer to your question depends on how the home in Oregon is titled. If the Deed shows both of their names as "husband and wife" or "tenants by the entirety" then the house belongs to your father and he has full authority to sell it and keep the proceeds. If it... View More

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1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: -My husband passed away on June 29th. He was an independent contractor with a communication company here in Oregon.

He was paid monthly on a contract with a client that he had negotiated with. When I didn't receive his monthly check, I called and the company told me that they stopped paying him upon his death even though they had received payments from his customer. Are they able to just stop paying upon... View More

Theressa Hollis
Theressa Hollis
answered on Sep 8, 2023

I'm very sorry for your loss. Your instinct to view the contract is a good one. I can't imagine that their "internal decision" will control what happens with the remainder of the contract payments. You may need to file a probate to collect the remainder of the contract. I... View More

3 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My wife passed away this month. Do I need to go through probate if we have joint accounts in the banks.

The only thing separate is her IRA. We had a will made over 30 years ago.

Theressa Hollis
Theressa Hollis
answered on Aug 29, 2023

I am sorry for your loss. If she had named a beneficiary on her IRA and all of her other accounts were joint with you then you should not need a probate (assuming she didn't own any property in her name alone). Wait a couple of months after her death and then you can present her Death... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: Does joint tendency on property on a joint deed apply to a second property owned by just one of the tenants ?
Theressa Hollis
Theressa Hollis
answered on Aug 22, 2023

No. Not unless the second property's legal description was on the first Deed (which is unusual). Most of the time each property has its own Deed.

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1 Answer | Asked in Banking and Probate for Oregon on
Q: My mother passed away. She had a pay on death statement on one account from many years ago .

She listed my sister as the beneficiary on that account with a pay on death statement. She has had multiple accounts since, re married, and never listed a survivor, or a beneficiary on any of the other accounts. When my mother passed my sister took the old POD from the first account and cleared all... View More

Theressa Hollis
Theressa Hollis
answered on Jul 25, 2023

I am very sorry for your loss. It is possible that the Payable on Death (POD) designation that your mother signed with her bank could have covered all of her accounts with that bank. It just depends on the language in what she signed. There isn't any sort of time limit on a POD designation.... View More

1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Elder Law for Oregon on
Q: I am looking into getting stuff together, like a POA, Trust, Will for my 81 year old mother. Also looking to defer taxes

My sister and I live with mom and we are all on disability. I don't know what all we need to do for all of this and we can't afford and attorney. We need property taxes to keep from going into foreclosure. Any help will be appreciated.

Theressa Hollis
Theressa Hollis
answered on Jun 30, 2023

Go to this website and follow the steps to help your mother defer her Oregon property taxes:

https://www.oregon.gov/dor/programs/property/pages/senior-and-disabled-property-tax-deferral-program.aspx

If your mother lives in Multnomah County she may be eligible for free legal...
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1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Is the trustee obligated to account to beneficiaries for funds held in reserve?

We think the trustee has just taken reserve funds for himself. For example attorney reserve the courts allowed be held. The trustee refuses to send us bank statements for the trust accounts so that we can verify the funds that are supposed to be there are still there. Says he doesn't have to,... View More

Theressa Hollis
Theressa Hollis
answered on Jun 26, 2023

You are correct. The trustee must account for how all of the trust monies are spent. I recommend contacting the trustee's attorney instead of the trustee directly.

You are also correct that it's the Court case that is closed, not the trust. The trust is not terminated until all...
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1 Answer | Asked in Bankruptcy, Estate Planning, Real Estate Law and Tax Law for Oregon on
Q: What is the law around amending revocable trust, adding child to house title or deed?

He wants to add me to the house title or deed and give it to me through a trust. He owes @$20,000 in property taxes and $60,000 on the mortgage. I believe he has a revocable trust now that needs only to be amended. However, we are unsure about possible issues that may arise due to the deferred... View More

Theressa Hollis
Theressa Hollis
answered on Jun 20, 2023

I recommend that your father return to his estate planning attorney to discuss the pros and cons of adding someone to the title of his house. With few exceptions, at his death the mortgage will very likely need to be paid off and the property taxes will need to be paid. If the mortgage company... View More

1 Answer | Asked in Probate for Oregon on
Q: Im in Oregon and my mother passed away with a notorized will in which I am the beneficiary of her manufactured home

(She owned free and clear but paid rent to the MH park where it's located ), her Car (I paid off her car loan a week after her death and the bank said I simply needed to fill out the affidavit of inheritance form, that they provided along with THEIR own notary('s) stamp/signature, and... View More

Theressa Hollis
Theressa Hollis
answered on Jun 19, 2023

I am sorry for your loss. If there are no other assets that are in your mother's name alone then Oregon has two forms you can fill out to transfer her vehicle and her manufactured home without a probate.

Go to: https://www.oregon.gov/odot/forms/dmv/516fill.pdf for the vehicle. All of...
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1 Answer | Asked in Probate for Oregon on
Q: Do you have to go though probate if your name is on a deed but not on the mortgage? Person that had loan is deceased.

We want to eventually pay off the house but have it under mine and my sister"s name. Is probate avoidable? Our mother recently passed. I know she has debt and I don't want to rock the boat. The mortgage co. said we can keep paying, but what happens in the long run? It can't continue... View More

Theressa Hollis
Theressa Hollis
answered on Jun 16, 2023

If your name is on the Deed with your mother you should have an attorney review the Deed. There are two ways for people to own Oregon properties. One with survivorship and one without. If you have survivorship then the house is yours and all you need to do to clear the title is record your... View More

1 Answer | Asked in Probate for Oregon on
Q: Do I need to honor a writ of garnishment during probate in Oregon if I received the writ after the statue of limitations

Is a writ treated the same as a claim during the probate process that can be denied based on statue of limitations? I am the affiant/claiming successor in a small estate where I filed probate in January. State of Oregon sent me a writ to garnish money (any inheritance) for an heir listed in the... View More

Theressa Hollis
Theressa Hollis
answered on May 1, 2023

Is the garnishment for one of the probate devisees/heirs? If the answer is "Yes" and you hold money for this person then I think you have to abide by the garnishment. You don't deny a garnishment. If you no longer hold money for this person then you can answer the garnisher with... View More

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Is it legal for a conservator to have there name added to the conservatees bank account and upon conservatees death the

There was ,$90000.00 in my mother's bank account when she died but my sister the conservator had her name added to my mom's account and upon her death it was reported that that money doesn't belong to the estate it belongs to my sister how is that possible

Theressa Hollis
Theressa Hollis
answered on Apr 17, 2023

Having your name on someone's bank account as their Conservator does not give the money in that account to the Conservator at the person's death. Is it possible that your mother named your sister as "Payable On Death" on that account before she became financially incapable... View More

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Can I filed a small estate affidavit as an heir if I am not inheriting anything listed within the affidavit?

My mother passed away without a will and has a couple things that did not have a beneficiary listed (some stocks and an IRA). She was married to my father so he is the one who will receive those items. I want to file a small estate affidavit but am unsure if I can since I will not be benefitting... View More

Theressa Hollis
Theressa Hollis
answered on Mar 28, 2023

In an intestate estate (when someone dies without a Will) the people who can file the small estate affidavit are the heirs (your father, in this case) and any creditor. This means that if you pay one of your mother's bills or pay for her burial/cremation, for example, you will become a... View More

1 Answer | Asked in Estate Planning, Elder Law and Public Benefits for Oregon on
Q: How does my mother protect her home from being taken by the state if she is placed in an extended care facility.

Her home is paid off and one adult child lives with her.

Theressa Hollis
Theressa Hollis
answered on Mar 20, 2023

The state does not take anyone's home. However, if someone who lives in Oregon receives Medicaid to pay for their long-term care then their estate must repay the State after their death when possible (estate recovery). Since your mother has an adult child who lives with her it is possible... View More

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