Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Theressa Hollis
1 Answer | Asked in Probate for Oregon on
Q: My mom's deed had survivorship but she never took my dad off after he died. Do I have to do a probate for both of them?

Probate in Nevada. My dad died in 2006. The deed for their property has joint tenancy with survivorship. My mom died last month. My mom never took my dad off the deed so do I now have to do a probate for him as well? I am planning on doing a set aside without administration because the total... Read more »

Theressa Hollis
Theressa Hollis answered on Jul 14, 2021

Your question is in the category of Probate for the state of Oregon. If the property is in Oregon then here is my answer: Assuming your parents had survivorship on their Deed then all you have to do is record your dad's Death Certificate with the County and the title is clear (meaning that... Read more »

1 Answer | Asked in Probate for Oregon on
Q: I am an heir but am not able to get any information from the P.R. Probate atty. said he would charge me to talk to him?
Theressa Hollis
Theressa Hollis answered on Jul 13, 2021

You should be able to obtain information from the Personal Representative's attorney. He will charge the estate for speaking with you. However, he will not be able to give you legal advice. If you need legal advice you should find your own attorney.

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Is a will that is handwritten in Oregon, signed by the testator and notarized valid?

There was another witness present who was said to inherit almost everything according to the will, but that person did not sign. The only signatures on the paper is the testator and notary.

Theressa Hollis
Theressa Hollis answered on Jul 13, 2021

A valid Will in Oregon must be signed by two witnesses. However, Oregon has a law that may allow this writing to be probated to control the estate if the person intended the writing to be his/her Will. I recommend you consult with a probate attorney for assistance.

View More Answers

1 Answer | Asked in Estate Planning, Real Estate Law and Energy, Oil and Gas for Oregon on
Q: Could I Sue my family for not turning over my mother's land and mineral to her children that she inherited after she die

My Grandmother's Mother passed left, which left my grand mother land and mineral. My grandmother passed which My mother then inherited some land and minerals. My mother's brothers and sister decide not to let her children know they inherited land and minerals so the kids never got any... Read more »

Theressa Hollis
Theressa Hollis answered on Jul 7, 2021

It sounds like you have a complicated question with several moving parts. I recommend you bring in all the information you have and meet with an experienced probate attorney who can let you know your rights in this situation.

1 Answer | Asked in Personal Injury, Elder Law, Gov & Administrative Law and Health Care Law for Oregon on
Q: Can an HOA in Oregon refuse to install a mailbox at the residence of a disabled elderly person?

All paperwork frm doctor and postmaster have been forwarded and HOA refusing to install when other members elderly members in community have mailbox at their home as opposed to community mailbox. Subject is 84 yrs and cannot walk without sever pain and assistance. This has been ongoing for 2 years.... Read more »

Theressa Hollis
Theressa Hollis answered on Jun 27, 2021

I recommend you have the senior contact Bend Legal Aid for assistance: (541) 385-6950

Likely the senior will need to install the mailbox or mail slot at their home and inform the Postal Service.

2 Answers | Asked in Probate for Oregon on
Q: Mom died. All her assets are in a trust. Do I (trustee) have to file her will if it has nothing to probate? Thanks.
Theressa Hollis
Theressa Hollis answered on Jun 9, 2021

No, if none of your mother's assets are in her name alone then no probate is needed. I do recommend you consult with an experienced attorney to make sure you understand your duties as Successor Trustee. Often this is just a one-time consultation but can be very important to ensure that you... Read more »

View More Answers

1 Answer | Asked in Estate Planning for Oregon on
Q: Will a personal guarantee survive the death of guarantor and can full debt be collected from his estate?
Theressa Hollis
Theressa Hollis answered on Jun 9, 2021

All valid debts (claims) will be paid through an Oregon probate. The validity of the debt will be evaluated by the Personal Representative. If a claim is disallowed by the Personal Representative the creditor can ask for a hearing and the Probate Judge will determine the validity of the claim.... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: My mom's estate is in Probate (Oregon). I Plan to sell her house. Am I required to first have it appraised?

Q: I'm told that I need to prove to the probate judge that I sold it for a price that was fair as of the date of death. Is that true? Can i do that without an appraisal?

Theressa Hollis
Theressa Hollis answered on May 17, 2021

If you are Personal Representative for your mother's estate you should ask your attorney this question. In general you can have a realtor create a Comparative Market Analysis (CMA) for you or you can pay for the property to be appraised. However, there are a lot of fact-specific issues in... Read more »

1 Answer | Asked in Elder Law and Probate for Oregon on
Q: What happens next when the state has temporary guardian and conservator of a lady. APS has been involved.

3 seporate times the lady has wondered out and police has brought her home.

Theressa Hollis
Theressa Hollis answered on May 17, 2021

If a temporary guardian and conservator have been appointed that person will step in to take control of the protected person's medical and placement decisions as well as controlling her finances. The temporary conservator will be responsible to paying all of her bills. The temporary guardian... Read more »

1 Answer | Asked in Elder Law for Oregon on
Q: The state has just been awarded complete control of a lady I care for. What does that mean for me?
Theressa Hollis
Theressa Hollis answered on May 15, 2021

It sounds like the person you care for has either been civilly committed or the court has appointed a Guardian or Conservator for her. If she has been civilly committed then the state of Oregon will be responsible for determining where she lives and coordinating her care. If she has a guardian then... Read more »

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My farther passed away with no will I have two siblings that are his wife's and I have a different mom Oregon law

States if we all have the some parents she gets all because I have a different mom she gets half and I get the other half is this right

Theressa Hollis
Theressa Hollis answered on May 4, 2021

First, it is important to pay attention to where your father resided at his death and to confirm that he definitely did not sign a Will (even if it was many years ago). If he was an Oregon resident and died intestate (with no Will) then 1/2 of his probate estate will go to his surviving spouse and... Read more »

View More Answers

2 Answers | Asked in Estate Planning for Oregon on
Q: Can you pay a nursing home from a irrevocable trust?

My husband and I are in our 60's and in good health, but looking towards our next chapter, we don't have many assets, just a home and car, but want to have our ducks in a row in case of disease, or dementia. I don't want our children to be burdened with any long term care in the... Read more »

Theressa Hollis
Theressa Hollis answered on Apr 30, 2021

I strongly recommend you meet with an experienced estate planning attorney. It appears to me that the type of Trust you are describing is a Revocable Living Trust (not Irrevocable). Sometimes people use an Irrevocable Trust to give their assets away so they can qualify for Medicaid right away.... Read more »

View More Answers

1 Answer | Asked in Estate Planning for Oregon on
Q: Hello :-) My mom received a $30k cashiers check sent from her brother (executor of trust) from the sale of their

deceased parents home back in Sept 2019 while living in a care home. I wasn't aware of this check until recently. My mom just passed away a few weeks ago and I just found out that the check hasn't been cashed or found. Her brother, my uncle, said that his attorney said the check has to... Read more »

Theressa Hollis
Theressa Hollis answered on Apr 28, 2021

I recommend you have a probate attorney review this for you. Your attorney will need to see your grandparents' Trust. Very likely since your mother survived her parents but never cashed the distribution check her estate should now get the check (or a new one re-issued by the Trustee). Your... Read more »

1 Answer | Asked in Estate Planning for Oregon on
Q: If you are living in a cohabitation relationship in oregon, can your partner benefit upon the death of the other

If not in the will?

Theressa Hollis
Theressa Hollis answered on Apr 23, 2021

Oregon does not recognize common law marriage. If you are not legally married or registered domestic partners then you must be included in the Will to receive anything with some exceptions:

You are a co-owner or payable-on-death/transfer-on-death beneficiary (for example, on a...
Read more »

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What's my legal rights in Josephine county Oregon when my landlord sells my house out if spite during pandemic

My mom and I have been renting this house sense June 2020. She died on Febuary 18th, 2021 after finding out 3 weeks prior she had cancer. I notified my landlord right away After her death that I lost her income and got on the waiting list for rent assistance and will not have March 2021 rent. He... Read more »

Theressa Hollis
Theressa Hollis answered on Apr 2, 2021

I recommend you re-post your question in the Landlord Tenant topic. This does not appear to be an estate planning issue. You could also call the Oregon Law Center to see if they can help you: https://oregonlawcenter.org/

Good luck!

1 Answer | Asked in Collections and Probate for Oregon on
Q: Who takes possession of a deceased's unregistered car with no probate, no heirs, and lots of debt?

My estranged father passed away with no will and no other heirs. He had a mountain of debt, and his only possession of value is a vehicle which he recently purchased but had not yet registered. I want no part of the probate process. I'm assuming the vehicle then belongs to the state, who has... Read more »

Theressa Hollis
Theressa Hollis answered on Mar 29, 2021

If you were not adopted by another family then you might be your father's only heir. However, that does not mean that you are required to handle his estate. If the car was never registered in your father's name then it should still be in the seller's name. I would contact one of... Read more »

2 Answers | Asked in Estate Planning, Collections and Probate for Oregon on
Q: Mother in-law deceased 4.18.2020. All known debts paid. 8 months after Medicare trying to collect debt.can they?
Theressa Hollis
Theressa Hollis answered on Mar 17, 2021

It's likely that you have been contacted by Medicaid (not Medicare) because your mother-in-law was receiving public benefits to pay for her long-term care. I recommend you schedule an appointment with an experienced probate attorney to review the claim and advise you.

View More Answers

1 Answer | Asked in Estate Planning for Oregon on
Q: Death benefit was sent under different contract numbers months apart is that legal.?

I received death benefit claim packet from accordia and athene under two different contract numbers not specifying that they were Ira accounts. Then a couple months later I received two more still not specifying they were Ira accounts. Then come to find out after the third that it was all one... Read more »

Theressa Hollis
Theressa Hollis answered on Mar 8, 2021

Athene Annuity sold most of its life insurance business to Accordia in 2013 but continued to administer the business until Accordia took over in 2015. Maybe this was part of the confusion for the IRA you inherited? I'm not entirely sure of your question. I recommend you call the Customer... Read more »

1 Answer | Asked in Elder Law for Oregon on
Q: My husband is in a care assisted facility for memory loss he comes in and out so he has a car he loves being stored a

Person drive way.i want to get it home but they don't want to let it go.its a money thing.it is in his name.what are the rules?

Theressa Hollis
Theressa Hollis answered on Mar 2, 2021

If the car is in your husband's name then he is in control of deciding where it should be stored. If your husband signed a Power of Attorney then the person named as Agent could also decide about the car. The only other way to control your husband's assets is to have a Conservator... Read more »

1 Answer | Asked in Estate Planning for Oregon on
Q: Is there anyone that is excluded from being a per rep or trustee to an estate if the named rep declines? (Oregon)

My brother declined to be per rep and trustee to my fathers estate. Are there any parties that excluded from taking his place?

Theressa Hollis
Theressa Hollis answered on Feb 22, 2021

It sounds like your father had a Revocable Living Trust. If your brother is named as Successor Trustee but has declined to do this job then your father's Trust likely names the next person who should act as Successor Trustee. If it doesn't name a second person then there should be... 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.