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

View More Answers

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.

View More Answers

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...
View More

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...
View More

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...
View More

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

1 Answer | Asked in Estate Planning, Health Care Law and Family Law for Oregon on
Q: Can a nurse practitioner declare a person incompetent or only an MD. State of Oregon.
Theressa Hollis
Theressa Hollis
answered on Mar 13, 2023

For purposes of the Oregon Advance Directive a health care provider determines when the person who signed the form is incapable. “Health care provider” means a person licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary... View More

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: I'm an only child, but dad claims no descendants in his will and he sadly passed away. Do I have any rights?

Unfortunately, my dad and I have been estranged for years. He was 80 years old when he created his will, and he stated he was not married (true) and had no children (false). He has since passed and left his entire estate to a charity. In his will, he did not specifically disinherit me, mention my... View More

Theressa Hollis
Theressa Hollis
answered on Mar 8, 2023

Yes, you have the right to contest your father's Will. I recommend you contact the attorney who is representing the Personal Representative and let them know that you are your father's child. Be prepared to prove this fact with a birth certificate, genealogy information, old... View More

1 Answer | Asked in Elder Law and Family Law for Oregon on
Q: My brother has POA he told the care facility to tell me I can’t see mom & they report to him anyone who comes or calls .

What can I do ? It’s 4hrs rnd trip & they say she’s sleeping he does not want her rest interrupted . She’s almost 90 blind on oxygen all she does is sleep. He won’t call me if she passes either

Theressa Hollis
Theressa Hollis
answered on Mar 7, 2023

In general a Power of Attorney allows the Agent (your brother) to make financial decisions for the Principal (your mother). It does not allow the Agent to decide who can and cannot visit the Principal. I would speak to the manager of the care facility directly. If you are not allowed to visit... View More

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Oregon on
Q: Can Dad call police on visiting (adult) son for trespassing if Mom wants him there (joint homeowners)?

Of course I'll try to reason with him and I hope he doesn't follow through with the threat -- but does he have any legal grounds to have me removed if Mom wants me there? What if Mom isn't at home and the police arrive?

TMI: Mom and Dad (80+ yo) are verbally and emotionally... View More

Theressa Hollis
Theressa Hollis
answered on Feb 14, 2023

I don't know the trespassing laws but based on your description of the situation I think it would be best if you do not go to your parents' house for an extended stay. It seems clear that your presence will cause negative consequences for both your parents. If you visit your mother I... View More

1 Answer | Asked in Probate for Oregon on
Q: As the pers rep for a small estate I received a $2000 death benefit from CalPERS that I didn't know about. Must I amend

I already amended once and probate is now closed. DOD 6/5/20

Theressa Hollis
Theressa Hollis
answered on Feb 13, 2023

You may want to consult with a probate attorney on this. ORS 114.515 does require you to amend the Small Estate Affidavit to include property not previously included. The final answer may be that you should file an amended Affidavit if you need to in order to cash the CalPERS check.

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: What happens when you have lived with your mother in her home for over 16 years during you have helped pay for

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... View More

Theressa Hollis
Theressa Hollis
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... View More

1 Answer | Asked in Contracts and Elder Law for Oregon on
Q: I'm 82 & paid $18,000 to a publishing company now know they are phoney..what do I do now and do I report to senior fraud
Theressa Hollis
Theressa Hollis
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:...
View 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.